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This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

48295 

Vol. 86, No. 165 

Monday, August 30, 2021 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1704 

[Docket No. DNFSB–2021–0001] 

Government in the Sunshine Act 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Direct final rule. 

SUMMARY: The William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021 

(NDAA) amended the Atomic Energy 

Act of 1954 (AEA) to grant the Defense 

Nuclear Facilities Safety Board (Board 

or DNFSB) relief from certain 

limitations under the Government in the 

Sunshine Act (Sunshine Act). The 

Sunshine Act generally requires all 

Board meetings to be open to public 

observation unless certain exemptions 

apply. The NDAA added a provision to 

the AEA that permits the Board to hold 

nonpublic collaborative discussions 

without following the requirements of 

the Sunshine Act, so long as certain 

requirements are met. The Board is 

publishing this direct final rule to revise 

the Board’s Sunshine Act regulations 

consistent with the new AEA provisions 

for nonpublic collaborative discussions. 

DATES: This final rule is effective 

November 29, 2021 unless significant 

adverse comments are received by 

September 29, 2021. If the direct final 

rule is withdrawn as a result of such 

comments, timely notice of the 

withdrawal will be published in the 

Federal Register. 

ADDRESSES: You may submit comments 

at any time prior to the comment 

deadline by the following methods: 

• Email: Send an email to comment@

dnfsb.gov. Please include ‘‘Sunshine Act 

Comments’’ in the subject line of your 

email. 

• Mail: Send hard copy comments to 

The Defense Nuclear Facilities Safety 

Board, Attn: Office of the General 

Counsel, 625 Indiana Avenue NW, Suite 

700, Washington, DC 20004–2901. 

FOR FURTHER INFORMATION CONTACT: Eric 

Fox, Associate General Counsel, Defense 

Nuclear Facilities Safety Board, 625 

Indiana Avenue NW, Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The NDAA became law on January 1, 

2021. The NDAA contained an 

amendment to the AEA that granted the 

Board relief from certain requirements 

of the Sunshine Act. Under the revised 

section 313 of the AEA (42 U.S.C. 

2286b(k)), a quorum of the Board may 

hold meetings to deliberate on official 

agency business without public 

observation so long as it conducts the 

meeting in compliance with the 

following requirements: (1) No formal or 

informal vote may be taken at the 

meeting; (2) each individual present at 

the meeting must be a member or an 

employee of the Board; (3) at least one 

member from each political party 

represented on the Board must be 

present; and (4) the Board’s General 

Counsel or his or her designee must be 

present. 

In addition to the requirements 

governing the conduct of the meeting, 

the AEA requires the Board to publish 

a summary of the matters discussed, 

including key issues, no later than two 

business days following the meeting. In 

circumstances where the matters 

discussed are covered by the 

exemptions to the open meetings 

requirements of the Sunshine Act, the 

Board must publish as much general 

information as possible without 

disclosing the exempt material. Unlike 

closed meetings held under the 

Sunshine Act, no transcript or advanced 

public notice is required. 

II. Section-by-Section Analysis 

Section 1704.11 Nonpublic 

Collaborative Discussions 

This new section contains the 

requirements for the conduct of 

nonpublic collaborative discussions as 

well as disclosure after they are held. 

These requirements are simply restating 

the language of the AEA, and do not 

expand or diminish the Board’s 

obligations when holding a nonpublic 

collaborative discussion. 

III. Regulatory Analysis 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, agencies must 

consider the impact of their rulemakings 

on ‘‘small entities’’ (small businesses, 

small organizations, and local 

governments) when publishing 

regulations subject to the notice and 

comment requirements of the 

Administrative Procedure Act. As noted 

in section IV Rulemaking Procedure 

below, the Board has determined that 

notice and the opportunity to comment 

are unnecessary because this 

rulemaking constitutes a limited, 

routine change to implement the recent 

amendment to the AEA. Therefore, no 

analysis is required by the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, as amended, 5 

U.S.C. 804. This rule will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

The Paperwork Reduction Act (PRA) 

establishes certain requirements when 

an agency conducts or sponsors a 

‘‘collection of information.’’ 44 U.S.C. 

3501–3520. This update to the Board’s 

Sunshine Act regulations does not 

require or request information from 

members of the public. Therefore, this 

rulemaking is not covered by the 

restrictions of the PRA. 


khammond on DSKJM1Z7X2PROD with RULES
48296 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

Executive Order 12988 and Executive 

Order 13132—Federalism 

According to Executive Orders 12988 

and 13132, agencies must state in clear 

language the preemptive effect, if any, of 

new regulations. The amendments to 

the agency’s Sunshine Act 

implementing regulations affect only 

how the Board conducts nonpublic 

meetings, and therefore, have no effect 

on preemption of State, tribal, or local 

government laws or otherwise have 

federalism implications. 

Congressional Review Act 

This rule will not result in and is not 

likely to result in (A) an annual effect 

on the economy of $100,000,000 or 

more; (B) a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions; or (C) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. As such, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. To comply 

with the Congressional Review Act, the 

Board will submit the required 

information each House of the Congress 

and the Comptroller General. 

Finding of No Significant 

Environmental Impact 

The proposed regulations amend the 

Board procedures for holding meetings 

pursuant to the Government in the 

Sunshine Act. The procedural changes 

to the Sunshine Act implementing 

regulations will not result in significant 

impacts affecting the quality of the 

human environment, unavoidable 

adverse environmental effects, rejection 

of reasonable alternatives to the 

proposed action, or irreversible or 

irretrievable commitments of 

environmental resources. The agency 

has not consulted with any other 

agencies in making this determination. 

IV. Rulemaking Procedure 

In light of the amendments made to 

the AEA at 42 U.S.C. 2286b(k), this 

rulemaking makes limited conforming 

changes to the Board’s rules 

implementing the Sunshine Act (10 CFR 

part 1704). The Board is using the 

‘‘direct final rule’’ procedure because 

this rulemaking represents a limited, 

routine change to implement the new 

provisions of the AEA. This amendment 

will become effective on November 29, 

2021. However, if the Board receives a 

significant adverse comment by 

September 29, 2021, then the Board will 

publish a notice in the Federal Register 

withdrawing this rule and publishing 

the changes as a notice of proposed 

rulemaking. The Board will respond to 

the significant adverse comment(s) in 

that notice of proposed rulemaking and 

take an additional 30 days of comments 

before publishing any final rule. If no 

significant adverse comment is received, 

the Board will publish a notice that 

confirms the effective date of this direct 

final rule. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the Board 

staff to reevaluate (or reconsider) its 

position or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the Board. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition; 

or 

(3) The comment causes the Board to 

make a change (other than editorial) to 

the rule. 

List of Subjects in 10 CFR Part 1704 

Sunshine Act. 

For the reasons stated in the 

preamble, the Defense Nuclear Facilities 

Safety Board amends 10 CFR part 1704 

as follows: 

PART 1704—RULES IMPLEMENTING 

THE GOVERNMENT IN THE SUNSHINE 

ACT 

■ 1. The authority citation for part 1704 

is revised to read as follows: 

Authority: 5 U.S.C. 552b; 42 U.S.C. 2286, 

2286b(c), (k). 

■ 2. Add § 1704.11 to read as follows: 

§ 1704.11 Nonpublic collaborative 

discussions. 

(a) In general. Notwithstanding the 

other requirements of this part, a 

quorum of Members may hold a meeting 

that is not open to public observation to 

discuss official business of the Board 

if— 

(1) No formal or informal vote or other 

official action is taken at the meeting; 

(2) Each individual present at the 

meeting is a Member or an employee of 

the Board; 

(3) At least one Member from each 

political party is present at the meeting, 

unless all Members are of the same 

political party at the time of the 

meeting; and 

(4) The general counsel of the Board, 

or a designee of the general counsel, is 

present at the meeting. 

(b) Disclosure of nonpublic 

collaborative discussions. (1) Except as 

provided by paragraph (b)(2) of this 

section, not later than two business days 

after the conclusion of a meeting 

described in subsection (a), the Board 

shall make available to the public, in a 

place easily accessible to the public— 

(i) A list of the individuals present at 

the meeting; and 

(ii) A summary of the matters, 

including key issues, discussed at the 

meeting, except for any matter the Board 

properly determines may be withheld 

from the public under § 1704.4. 

(2) Information about matters 

withheld from the public. If the Board 

properly determines under paragraph 

(b)(1)(ii) of this section that a matter 

may be withheld from the public under 

§ 1704.4, the Board shall include in the 

summary required by paragraph 

(b)(1)(ii) as much general information as 

possible with respect to the matter. 

Dated: August 24, 2021. 

Joyce Connery, 

Chair. 

[FR Doc. 2021–18549 Filed 8–27–21; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0719; Project 

Identifier MCAI–2021–00858–T; Amendment 

39–21709; AD 2021–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A319–171N; Model 

A320–271N, –272N, and –273N 


khammond on DSKJM1Z7X2PROD with RULES
From: Franc Micklem

To: Comment; Abingdon Peace Group

Subject: [EXTERNAL] Comment on DNFSB-2021-0001-0002 Public Objection to Relief of Nuclear Oversight

Date: Wednesday, September 29, 2021 12:54:13 PM

Please deny the Defense Nuclear Facilities Safety Board (Board or DNFSB) relief from

limitations under the Government in the Sunshine Act (Sunshine Act) and require all Board

meetings to be open to public observation.

Refuse this public oversight “relief” as it is important that the real military, civil and climate

action costs of nuclear power are actually calculated rather than further overlooked.

 

A warming world is incompatible with a dangerous technology dependent on cool water

and fossil back-up power.

Acknowledging the humanitarian disaster of war, Movement for the Abolition of War (MAW)

focused on the environmental disasters caused by war and the military. She started with the

message that there is a vicious circle between climate change and war, and even the MOD

agreed. Climate change is a major cause of war, through drought, floods, inevitable

displacement of people, political instability and unrest.

Breaking down the areas in which war contributes to climate change, there were several huge

areas where the carbon footprint and emissions had to be considered, including

manufacturing weapons through to the steel and cement needed to rebuild bombed cities.

Hilary produced evidence that military activities account for at least 6% of greenhouse gases,

based on the limited available data.

The Ministry of Defence has been keen to share how they are off-setting their carbon

emissions by using nuclear powered submarines, drone technology and increasing their use of

biofuels on their bases. Everyone groaned in agreement as she pointed out how all three were

equally bad news, what with waste from nuclear, the problems we know well with drones and

the competition between biofuels and land available for food crops.

We must question the cultural acceptance of public spending on national security and the

inevitability of war. The understanding of ‘security’ isn’t one that we have agreed on and

shared a statistic that even a 1% increase in national security risk justified another significant

increase in spending on defence.

Second speaker, from APEC.

Nuclear warmongers instigate fights to divert attention from their thievery. First the Soviets

were the threat. Then the Russians. The so-called “threats” are China and North Korea now.
It’s a racket and a very lucrative one for the war profiteers but not for the climate, and she

outlined the real costs: Not only has the industrial military complex directly produced

greenhouse gases, the money squandered on bomb-making alone - estimated at ten trillion

dollars - has been diverted from investments that would protect coastal cities from flooding.

One estimate was that the elimination of just one proposed nuclear weapons system could

free up enough federal funding to “build a massive mechanical wall to protect New York City

from sea level rise”. Another showed how redirecting the money and the scientific talent

from the 30-year, Two-Trillion-Dollar nuclear weapons modernization programme could pay

for the Green New Deal.

The Move-The-Money campaign estimated that each trillion Dollars spent on nuclear weapons

could have bought 3 million home solar panel systems, or 1 million electric cars, or one million

wind turbines, or 67 million clean biomass stoves.

The development of nuclear technology required nearly 15% of all the electricity produced in

the US. So, nuclear power’s carbon footprint was giant-sized from the beginning. If the money

spent to develop the bomb were internalized, nuclear power would have been out of reach.

10-25 Billion Dollar small reactors were proposed that would allegedly supply reliable

baseload power. But a warming world is incompatible with a dangerous technology

dependent on cool water and fossil back-up power.

Nuclear industry is already in disrepute. A lawsuit filed in September 2020, by community

members and whistleblowers. The defendants included the company that succeeded the

quasi-public US Enrichment Corp, as well as BWXT, the owner of Nuclear Fuel Services.

Individually named in the suit are corporate managers, supervisors, as well as government

officials who sanctioned or themselves participated in their conspiracy.

 

The lawsuit seeks to halt the “pattern of corruption and flagrant disregard for human life

perpetrated by the Defendants and the United States Department of Energy”. The plaintiffs’

brief states that cancer “in some affected areas are “700% greater than the national average”,

how the “criminal enterprise” altered or destroyed the medical records of workers at the

Portsmouth enrichment plant and suppressed information about the release of “transuranics

which were clandestinely introduced in the enrichment process”.

Even after “uranium and plutonium in homes, schools and creeks” were found, at a public

meeting, DOE staff told a concerned crowd that the contaminants found were either from

“fallout or from smoke detectors”.
In the case, they are accused of operating “an association-in-fact enterprise...with the purpose

of achieving pecuniary gain”. They also threatened physical harm against whistleblowers &

their families.

More oversight and justification for nuclear power safety risks and costs are required, not

less.

Frances Micklem

Kilkenny

56052
Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations 57549 

6Yogurt must contain no more than 23 grams of total sugars per 6 ounces. 

7Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 8A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or supper, two different kinds of vegetables must be 

served. 9At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards the grains requirement. 10 Refer to FNS guidance for additional information on crediting different types of grains. 11Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). 

(3) * * * 

TABLE 4 TO PARAGRAPH (C)(3)—CHILD AND ADULT CARE FOOD PROGRAM SNACK

[Select the two of the five components for a reimbursable meal] 

Food components and food items 1

Minimum quantities 

Ages 1–2 Ages 3–5 Ages 6–12 

Ages 13–18 2

(at-risk 

afterschool 

programs and 

emergency 

shelters) 

Adult participants 

Fluid Milk 3 ..................................................... 4 fluid ounces ........... 6 fluid ounces ........... 8 fluid ounces ........... 8 fluid ounces ........... 8 fluid ounces. 

Meat/meat alternates (edible portion as 

served): 

Lean meat, poultry, or fish ..................... 1⁄2 ounce ................... 1⁄2 ounce ................... 1 ounce ..................... 1 ounce ..................... 1 ounce. 

Tofu, soy products, or alternate protein 

products 4.

1⁄2 ounce ................... 1⁄2 ounce ................... 1 ounce ..................... 1 ounce ..................... 1 ounce. 

Cheese ................................................... 1⁄2 ounce ................... 1⁄2 ounce ................... 1 ounce ..................... 1 ounce ..................... 1 ounce. 

Large egg ............................................... 1⁄2 .............................. 1⁄2 .............................. 1⁄2 .............................. 1⁄2 .............................. 1⁄2. 

Cooked dry beans or peas .................... 1⁄8 cup ....................... 1⁄8 cup ....................... 1⁄4 cup ....................... 1⁄4 cup ....................... 1⁄4 cup. 

Peanut butter or soy nut butter or other 

nut or seed butters.

1 Tbsp ....................... 1 Tbsp ....................... 2 Tbsp ....................... 2 Tbsp ....................... 2 Tbsp. 

Yogurt, plain or flavored unsweetened 

or sweetened 5.

2 ounces or 1⁄2 cup ... 2 ounces or 1⁄2 cup ... 4 ounces or 3⁄4 cup ... 4 ounces or 3⁄4 cup ... 4 ounces or 1⁄2 cup. 

Peanuts, soy nuts, tree nuts, or seeds .. 1⁄2 ounce ................... 1⁄2 ounce ................... 1 ounce ..................... 1 ounce ..................... 1 ounce. 

Vegetables 6 .................................................. 1⁄2 cup ....................... 1⁄2 cup ....................... 3⁄4 cup ....................... 3⁄4 cup ....................... 1⁄2 cup. 

Fruits 6 ........................................................... 1⁄2 cup ....................... 1⁄2 cup ....................... 3⁄4 cup ....................... 3⁄4 cup ....................... 1⁄2 cup. 

Grains (oz. eq.) 789 ....................................... 1⁄2 ounce equivalent 1⁄2 ounce equivalent 1 ounce equivalent ... 1 ounce equivalent ... 1 ounce equivalent. 

Endnotes: 

1Select two of the five components for a reimbursable snack. Only one of the two components may be a beverage. 

2 Larger portion sizes than specified may need to be served to children 13 through 18 years old to meet their nutritional needs. 

3 Must be unflavored whole milk for children age one. Must be unflavored low-fat (1 percent fat or less) or unflavored fat-free (skim) milk for children two through 

five years old. Must be unflavored low-fat (1 percent fat or less) or unflavored or flavored fat-free (skim) milk for children 6 years old and older and adults. For adult 

participants, 6 ounces (weight) or 3⁄4 cup (volume) of yogurt may be used to meet the equivalent of 8 ounces of fluid milk once per day when yogurt is not served as 

a meat alternate in the same meal. 4Alternate protein products must meet the requirements in Appendix A to part 226 of this chapter. 

5Yogurt must contain no more than 23 grams of total sugars per 6 ounces. 

6Pasteurized full-strength juice may only be used to meet the vegetable or fruit requirement at one meal, including snack, per day. 7At least one serving per day, across all eating occasions, must be whole grain-rich. Grain-based desserts do not count towards the grains requirement. 8 Refer to FNS guidance for additional information on crediting different types of grains. 

9Breakfast cereals must contain no more than 6 grams of sugar per dry ounce (no more than 21.2 grams sucrose and other sugars per 100 grams of dry cereal). 

* * * * * 

Cynthia Long, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2021–22072 Filed 10–14–21; 11:15 am] 

BILLING CODE 3410–30–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1704 

[Docket No. DNFSB–2021–0001] 

Government in the Sunshine Act 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (DNFSB or 

Board) is confirming the effective date 

of November 29, 2021, for the direct 

final rule that was published in the 

Federal Register on August 30, 2021. 

The direct final rule amended the 

DNFSB’s regulation implementing the 

Government in the Sunshine Act to 

include changes included in the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021 (NDAA). 

DATES: The effective date of November 

29, 2021, for the direct final rule 

published August 30, 2021 (86 FR 

48295), is confirmed. 

ADDRESSES: DNFSB’s General Counsel 

Web Page: Go to https://www.dnfsb.gov/ 

office-general-counsel and click 

‘‘Rulemaking-DNFSB–2021–0001’’ to 

access publicly available information 

related to this rulemaking. 

FOR FURTHER INFORMATION CONTACT: Eric 

Fox, Associate General Counsel, Defense 

Nuclear Facilities Safety Board, 625 

Indiana Avenue NW, Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7000. 

SUPPLEMENTARY INFORMATION: On August 

30, 2021 (86 FR 48295), the DNFSB 

published a direct final rule amending 

its regulations in part 1704 of title 10 of 

the Code of Federal Regulations 

implementing the Government in the 

Sunshine Act. The Sunshine Act 

generally requires Board meetings to be 

open to public observation unless 

certain exemptions apply. The NDAA 

added a provision to the Atomic Energy 

Act of 1954 (AEA) that permits the 

Board to hold nonpublic collaborative 

discussions without following the 

requirements of the Sunshine Act, so 

long as certain requirements are met. 

The Board published this direct final 

rule to revise the Board’s Sunshine Act 

regulations consistent with the new 

AEA provisions for nonpublic 

collaborative discussions. 

In the direct final rule, the DNFSB 

stated that if no significant adverse 

comments were received, the direct 

final rule would become effective on 


jspears on DSK121TN23PROD with RULES1
57550 Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations 

November 29, 2021. The DNFSB 

received one comment. The DNFSB 

evaluated the comment against the 

criteria described in the direct final rule 

and determined that the comment was 

not significant and adverse. Specifically, 

the commentator opposed the legal 

authority granted in the NDAA, not the 

implementation of said authority in the 

DNFSB’s regulations. The comment was 

therefore out of scope, and the direct 

final rule will become effective as 

scheduled. The comment is publicly 

available as part of the rulemaking 

docket at https://www.dnfsb.gov/officegeneral-counsel. 

Dated: October 13, 2021. 

Joyce Connery, 

Chair. 

[FR Doc. 2021–22665 Filed 10–15–21; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0453; Project 

Identifier MCAI–2021–00377–R; Amendment 

39–21754; AD 2021–20–16] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2021–04– 

15, which applied to all Airbus 

Helicopters Model AS355E, AS355F, 

AS355F1, AS355F2, AS355N, and 

AS355NP helicopters; and certain 

Model AS350B3 helicopters. AD 2021– 

04–15 required repetitive visual 

inspections of the right-hand side of the 

vertical fin spar for discrepancies 

(cracking), and corrective action if 

necessary. This AD retains the 

requirements of AD 2021–04–15, and 

requires repetitive cleaning and 

repetitive detailed inspections for 

cracking of the vertical fin spar and 

vertical fin upper attachments, and 

corrective action if necessary, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. This AD also 

expands the applicability to include 

additional Model AS350B3 helicopters. 

This AD was prompted by a report that, 

during an unscheduled post-flight 

inspection of the tail cone area, a crack 

was found in the spar of the upper part 

of the vertical fin and fractures were 

found in the two front attachment 

screws. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective November 

22, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 22, 2021. 

ADDRESSES: For material incorporated 

by reference (IBR) in this AD, contact 

the 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, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call 817–222–5110. It is also 

available in the AD docket on the 

internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0453. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0453; 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 final rule, 

any comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Arrigotti, Program Manager, 

Large Aircraft Section, International 

Validation Branch, Compliance & 

Airworthiness Division, FAA, 2200 

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

telephone and fax 206–231–3218; email 

kathleen.arrigotti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2021–0099, dated April 9, 2021 (EASA 

AD 2021–0099) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for all Airbus 

Helicopters Model AS355E, AS355F, 

AS355F1, AS355F2, AS355N, and 

AS355NP helicopters; and all Model 

AS350B3 helicopters except those that 

have that embodied Airbus Helicopters 

Modification 073148 in production. 

EASA stated that recent analysis 

identified that AS350B3 helicopters 

modified through Eurocopter AS350 

Service Bulletin 55.00.14 (any revision) 

in service might also be affected by the 

identified unsafe condition. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2021–04–15, 

Amendment 39–21437 (86 FR 13165, 

March 8, 2021) (AD 2021–04–15). AD 

2021–04–15 applied to all Airbus 

Helicopters Model AS355E, AS355F, 

AS355F1, AS355F2, AS355N, and 

AS355NP helicopters; and certain 

Model AS350B3 helicopters. The NPRM 

published in the Federal Register on 

June 8, 2021 (86 FR 30395). Since the 

FAA issued AD 2021–04–15, the FAA 

has determined that additional actions 

are required to address the unsafe 

condition. The NPRM proposed to 

retain the requirements of AD 2021–04– 

15, and require repetitive cleaning and 

repetitive detailed inspections for 

cracking of the vertical fin spar and 

vertical fin upper attachments, and 

corrective action if necessary, as 

specified in an EASA AD. The NPRM 

also proposed to expand the 

applicability to include additional 

Airbus Helicopters Model AS350B3 

helicopters. 

The FAA is issuing this AD to address 

cracking in the spar of the upper part of 

the vertical fin and fractures in the front 

attachment screws. This condition 

could lead to in-flight separation of the 

upper part of the vertical fin, resulting 

in loss of control of the helicopter. See 

the MCAI for additional background 

information. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received one comment from 

a commenter. The following presents 

the comment received on the NPRM and 

the FAA’s response. 

Request To Allow Pilots To Do Visual 

Inspection 

The commenter requested that pilots 

be allowed to perform the proposed 

repetitive visual inspections of the righthand side of the vertical fin spar for 

cracking at intervals not to exceed 10 

hours time-in-service. The commenter 

suggested that only if a crack is 

suspected that a mechanic be notified. 

The commenter stated that it is a burden 

on operators to get a mechanic to a 

helicopter every 10 hours time-inservice to do the inspection. The 


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