Federal Register / Vol. 87, No. 65 / Tuesday, April 5, 2022 / Proposed Rules 19653 

(c) Applicability 

This AD applies to all Airbus SAS Model 

A330–841 and –941 airplanes, certificated in 

any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 73, Engine Fuel & Control. 

(e) Unsafe Condition 

This AD was prompted by a report of 

erroneous electronic centralized airplane 

monitoring (ECAM) warnings for low engine 

oil pressure, which can lead to a commanded 

shutdown of an engine. The FAA is issuing 

this AD to address erroneous ECAM engine 

oil pressure warnings, which could lead to 

dual engine in-flight shutdown and result in 

reduced control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2021–0198, dated 

August 27, 2021 (EASA AD 2021–0198). 

(h) Exceptions to EASA AD 2021–0198 

(1) Where EASA AD 2021–0198 refers to its 

effective date or ‘‘10 September 2021,’’ this 

AD requires using the effective date of this 

AD. 

(2) Where paragraphs (5) and (6) of EASA 

AD 2021–0198 refers to ‘‘From 10 September 

2021 . . . until 09 September 2023,’’ this AD 

requires using ‘‘from the effective date of this 

AD up to 24 months after the effective date 

of this AD.’’ 

(3) Where paragraph (7) of EASA AD 2021– 

0198 refers to ‘‘10 September 2023,’’ this AD 

requires using 24 months after the effective 

date of this AD. 

(4) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2021–0198. 

(i) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (j)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (i)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(j) Related Information 

(1) For EASA AD 2021–0198, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https:// 

ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2022–0391. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, Large Aircraft Section, FAA, 

International Validation Branch, 2200 South 

216th St., Des Moines, WA 98198; telephone 

and fax 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

Issued on March 29, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–07095 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0390; Project 

Identifier MCAI–2021–00968–T] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Dassault Aviation Model FALCON 7X 

airplanes. This proposed AD was 

prompted by a report of a weak point 

identified in the Falcon 7X ‘EASy’ 

avionics architecture, which, coupled 

with theoretical generic input/output (I/ 

O) card failure, could lead to misleading 

data on display units. This proposed AD 

would require revising the existing 

airplane flight manual (AFM) to provide 

emergency procedures for inconsistent 

or unreliable flight data and emergency 

and abnormal operations procedures for 

the GEN I/O internal module failure, 

and revising the operator’s existing 

FAA-approved minimum equipment list 

(MEL) items for the multi-function 

probe heating, air data, and inertial 

reference systems, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is proposed for 

incorporation by reference. This 

proposed AD would also require 

revising the existing AFM to incorporate 

additional information in the emergency 

procedures. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by May 20, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://ad.easa.europa.eu. You may 

view this material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0390. 


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Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0390; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, Large 

Aircraft Section, FAA, International 

Validation Branch, 2200 South 216th 

St., Des Moines, WA 98198; telephone 

206–231–3226; email Tom.Rodriguez@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0390; Project Identifier 

MCAI–2021–00968–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https:// 

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Tom Rodriguez, 

Aerospace Engineer, Large Aircraft 

Section, FAA, International Validation 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3226; email Tom.Rodriguez@faa.gov. 

Any commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0197, 

dated August 23, 2021 (EASA AD 2021– 

0197) (also referred to as the MCAI), to 

correct an unsafe condition for all 

Dassault Aviation Model FALCON 7X 

airplanes. The FAA notes that Model 

FALCON 7X airplanes with Dassault 

modification M1000 incorporated are 

commonly referred to as ‘‘Model 

FALCON 8X’’ as a marketing 

designation. This proposed AD was 

prompted by a report of a weak point 

identified in the Falcon 7X ‘EASy’ 

avionics architecture, which, coupled 

with theoretical generic I/O card failure, 

could lead to misleading data on display 

units. The FAA is proposing this AD to 

address this condition, which could 

reduce safety margins and lead to 

increased pilot workload, and 

consequent reduced controllability of 

the airplane. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0197 specifies 

procedures for revising the existing 

AFM to provide emergency procedures 

for inconsistent or unreliable flight data 

and emergency and abnormal operations 

procedures for the GEN I/O internal 

module failure, revising the operator’s 

existing MEL for the air data and inertial 

reference systems, and revising the 

operating suitability manual. This 

material is reasonably available because 

the interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2021–0197 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD, and 

except as discussed under ‘‘Differences 

Between this Proposed AD and the 

MCAI.’’ This proposed AD also requires 

revising the existing AFM to incorporate 

additional information in the emergency 

procedures. 

Difference Between This Proposed AD 

and the MCAI 

EASA AD 2021–0197 requires 

operators to ‘‘inform all flight crews, 

and, thereafter, ensure that each pilot 

has performed the training and operate 

the aeroplane accordingly’’ for the AFM 

amendment, master minimum 

equipment list (MMEL) implementation, 

and Operational Suitability ManualFlight Crew (OSM–FC) implementation 

required by that EASA AD. However, 

this proposed AD would not specifically 

require those actions for the reasons 

specified below: 

For the AFM amendment: This 

proposed AD would not specifically 

require the ‘‘inform all flight crews, and, 

thereafter, ensure that each pilot has 

performed the training and operate the 

aeroplane accordingly’’ actions as those 

actions are already required by FAA 

regulations for the AFM. FAA 

regulations require operators furnish to 

pilots any changes to the AFM (for 

example, 14 CFR 135.81(c)), and to 

ensure the pilots are familiar with the 

AFM (for example, 14 CFR 91.505(a)). 

FAA regulations also require pilots to 

follow the procedures in the existing 

AFM including all updates. 14 CFR 91.9 

requires that any person operating a 

civil aircraft must comply with the 

operating limitations specified in the 

AFM. Therefore, including a 

requirement in this proposed AD to 

operate the airplane according to the 

revised AFM would be redundant and 

unnecessary. 

For the MMEL implementation: FAA 

regulations (14 CFR 91.213(a)(4)) require 

operators to provide pilots with access 

to all of the information contained in 

the operator’s existing FAA-approved 

MEL. Compliance with such a 

requirement (‘‘inform all flight crews, 

and, thereafter, ensure that each pilot 

has performed the training and operate 

the aeroplane accordingly’’) for the 


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MMEL in an AD would be impracticable 

to demonstrate or track on an ongoing 

basis; therefore, a requirement to 

operate the airplane in such a manner 

would be unenforceable. 

For the OSM–FC implementation: 

This proposed AD would not 

specifically require the ‘‘inform all flight 

crews, and, thereafter, ensure that each 

pilot has performed the training and 

operate the aeroplane accordingly’’ 

actions as this proposed AD would not 

require implementing the Dassault 

Falcon 7X Falcon 8X OSM–FC, 

DGT148654, Revision 6, dated July 2, 

2021 (Dassault Falcon 7X Falcon 8X 

OSM–FC, Revision 6). Paragraph (4) of 

the EASA AD 2021–0197 does not apply 

to this proposed AD because Dassault 

Falcon 7X Falcon 8X OSM–FC, Revision 

6, is not an FAA-approved document 

and therefore operators might not have 

that document as part of their training 

program. The FAA reviewed the actions 

in Dassault Falcon 7X Falcon 8X OSM– 

FC, Revision 6, and determined the 

information for Tp-118–EZII of the 

OSM–FC is necessary for flightcrew 

awareness and therefore must be 

included in the AFM. The FAA has 

included paragraph (i) in this proposed 

AD to require revising the existing AFM, 

as applicable, to incorporate the 

information for Tp-118–EZII of the 

OSM–FC, specified in figure 1 to 

paragraph (i) of this proposed AD, after 

sub-sub-section 2–200–70, ADS with 

IRS miscompare, of sub-section 2–200, 

Emergency Procedures, of Section 2— 

Emergency Procedures. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2021–0197 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0197 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2021–0197 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2021–0197. 

Service information required by EASA 

AD 2021–0197 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0390 after the FAA final 

rule is published. 

Interim Action 

The FAA considers this proposed AD 

interim action. If final action is later 

identified, the FAA might consider 

further rulemaking then. 

Costs of Compliance 

The FAA estimates that this proposed 

AD would affect 121 airplanes of U.S. 

registry. The FAA estimates the 

following costs to comply with this 

proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

2 work-hours × $85 per hour = $170 .......................................................................................... $0 $170 $20,570 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Dassault Aviation: Docket No. FAA–2022– 

0390; Project Identifier MCAI–2021– 

00968–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by May 20, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Dassault Aviation 

Model FALCON 7X airplanes, certificated in 

any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 34, Navigation. 


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(e) Unsafe Condition 

This AD was prompted by a report of a 

weak point identified in the Falcon 7X 

‘EASy’ avionics architecture, which, coupled 

with theoretical generic input/output (I/O) 

card failure, could lead to misleading data on 

display units. The FAA is issuing this AD to 

address this condition, which could reduce 

safety margins and lead to increased pilot 

workload, and consequent reduced 

controllability of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, European Union 

Aviation Safety Agency (EASA) AD 2021– 

0197, dated August 23, 2021 (EASA AD 

2021–0197). 

(h) Exceptions to EASA AD 2021–0197 

(1) Where EASA AD 2021–0197 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Whereas EASA AD 2021–0197 requires 

operators to ‘‘inform all flight crews, and, 

thereafter, ensure that each pilot has 

performed the training and operate the 

aeroplane accordingly,’’ this AD does not 

require those actions. 

(3) Where paragraph (3) of EASA AD 2021– 

0197 specifies to ‘‘implement the instructions 

of the MMEL–CP,’’ this AD requires revising 

the operator’s existing FAA-approved 

minimum equipment list (MEL) to 

incorporate that information (‘‘the MMEL– 

CP’’ as specified in EASA AD 2021–0197). 

(4) Paragraph (4) of EASA AD 2021–0197 

does not apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2021–0197 does not apply to this AD. 

(i) Airplane Flight Manual (AFM) Revision 

Within 2 months after the effective date of 

this AD, revise the applicable existing AFM 

to incorporate the information specified in 

figure 1 to paragraph (i) of this AD after subsub-section 2–200–70, Emergency 

Procedures, ADS with IRS miscompare, of 

sub-section 2–200, Emergency Procedures, of 

Section 2—Emergency Procedures. 

(j) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 


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inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(k) Related Information 

(1) For EASA AD 2021–0197, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2022–0390. 

(2) For more information about this AD, 

contact Tom Rodriguez, Aerospace Engineer, 

Large Aircraft Section, FAA, International 

Validation Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 206– 

231–3226; email Tom.Rodriguez@faa.gov. 

Issued on March 29, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–07099 Filed 4–4–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2022–0001; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BG36 

Endangered and Threatened Wildlife 

and Plants; Lower Colorado River 

Distinct Population Segment of 

Roundtail Chub (Gila robusta); Gila 

Chub (Gila intermedia) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition finding; 

advance notice of proposed rulemaking. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a finding on 

a petition to list the Lower Colorado 

River basin distinct population segment 

(DPS) of the roundtail chub (Gila 

robusta) as an endangered or threatened 

species under the Endangered Species 

Act of 1973, as amended (Act). After a 

thorough review of the best available 

scientific and commercial information, 

we find that it is not warranted at this 

time to list the Lower Colorado River 

roundtail chub DPS as an endangered or 

threatened species. However, in 

conducting the necessary research to 

inform this petition finding, we have 

determined that we should consider 

removing the Gila chub (Gila 

intermedia) from the protections of the 

Act. Therefore, this document includes 

an advance notice of proposed 

rulemaking pertaining to removing the 

Gila chub, currently listed as 

endangered, from the List of Endangered 

and Threatened Wildlife. We ask the 

public to submit to us any information 

relevant to the status of these species or 

their habitats. 

DATES: Petition finding: The finding in 

this document pertaining to the Lower 

Colorado River basin DPS of the 

roundtail chub (Gila robusta) was made 

on April 5, 2022. 

Comment submission on the advance 

notice of proposed rulemaking: We will 

accept comments pertaining to Gila 

chub (Gila intermedia) that are received 

or postmarked on or before June 6, 2022. 

Comments submitted electronically 

using the Federal eRulemaking Portal 

must be received by 11:59 p.m. Eastern 

Time on the closing date. 

ADDRESSES: Petition finding: A detailed 

description of the basis for this finding 

is available on the internet at https://

www.regulations.gov under Docket No. 

FWS–R2–ES–2022–0001. Supporting 

information used to prepare this finding 

is available by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Comment submission on the advance 

notice of proposed rulemaking: You 

may submit comments pertaining to 

Gila chub (Gila intermedia) by one of 

the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R2–ES–2022–0001, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R2–ES–2022–0001, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

Information regarding the Lower 

Colorado River roundtail chub DPS: 

We request that you submit any new 

information concerning the taxonomy 

of, biology of, ecology of, status of, or 

stressors to the Lower Colorado River 

roundtail chub DPS, whenever it 

becomes available, to the person listed 

below under FOR FURTHER INFORMATION

CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Mark Lamb, Arizona Ecological Services 

Field Office, 9828 North 31st Ave. C3, 

Phoenix, AZ 85051–2517; telephone 

602–242–0210. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 4(b)(3)(B) of the Act (16 

U.S.C. 1531 et seq.), we are required to 

make a finding whether or not a 

petitioned action is warranted within 12 

months after receiving a petition that we 

have determined contains substantial 

scientific or commercial information 

indicating that the petitioned action 

may be warranted (‘‘12-month finding’’). 

We must make a finding that the 

petitioned action is: (1) Not warranted; 

(2) warranted; or (3) warranted but 

precluded by pending proposals 

regarding other species. We must 

publish a notice of these 12-month 

findings in the Federal Register. 

Summary of Information Pertaining to 

the Five Factors 

Section 4 of the Act (16 U.S.C. 1533) 

and the implementing regulations at 

part 424 of title 50 of the Code of 

Federal Regulations (50 CFR part 424) 

set forth procedures for adding species 

to, removing species from, or 

reclassifying species on the Lists of 

Endangered and Threatened Wildlife 

and Plants (Lists). The Act states that 

the term ‘‘species’’ includes any 

subspecies of fish or wildlife or plants, 

and any distinct population segment of 

any species of vertebrate fish or wildlife 

which interbreeds when mature. The 

Act defines an ‘‘endangered species’’ as 

any species that is in danger of 

extinction throughout all or a significant 

portion of its range and a ‘‘threatened 

species’’ as any species that is likely to 

become an endangered species within 

the foreseeable future throughout all or 

a significant portion of its range. The 

Act requires that we determine whether 


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