Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37019 

(h) Contacting the Manufacturer To 

Determine TIS 

Where Eurocopter Alert Service Bulletin 

ASB–MBB–BK117–10–125, dated February 

14, 2005, specifies to send a form to the 

manufacturer to determine TIS since bolting, 

this AD does not include that requirement. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, 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 local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (j)(1) of this AD. 

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

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Kathleen Arrigotti, Aerospace 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

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

phone and fax: 206–231–3218; email: 

kathleen.arrigotti@faa.gov. 

(2) The subject of this AD is addressed in 

Luftfahrt-Bundesamt German AD D–2005– 

115, effective March 15, 2005. You may view 

the Luftfahrt-Bundesamt German AD at 

https://www.regulations.gov in Docket No. 

FAA–2021–0335. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Eurocopter Alert Service Bulletin No. 

ASB–MBB–BK117–10–125, dated February 

14, 2005. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Airbus Helicopters, 2701 N 

Forum Drive, Grand Prairie, TX 75052; 

phone: 972–641–0000 or 800–232–0323; fax: 

972–641–3775; or at https://www.airbus.com/ 

helicopters/services/-support.html. 

(4) You may view this service information 

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. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on July 8, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–14925 Filed 7–13–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0566; Project 

Identifier MCAI–2021–00733–T; Amendment 

39–21651; AD 2021–15–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company 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 

The Boeing Company Model 767–300 

series airplanes as modified by a certain 

supplemental type certificate (STC). 

This AD was prompted by a report that 

the electrical diagram for the C9066 

circuit breaker connection (wiring) for 

the ‘‘Main Deck Oxygen Alert Control’’ 

is erroneous and might have resulted in 

incorrect installation. This AD requires 

inspecting the wiring connection 

common to the C9066 circuit breaker 

and, if necessary, making changes to the 

wiring connection and testing the main 

deck oxygen alert system. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective July 

14, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 14, 2021. 

The FAA must receive comments on 

this AD by August 30, 2021. 

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 service information identified in 

this final rule, contact Israel Aerospace 

Industries, Ltd., Ben Gurion Airport, 

Israel 70100; telephone 972–39359826; 

email tmazor@iai.co.il. You may view 

this referenced service information 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 on the internet 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0566. 

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– 

0566; or in person at the Docket 

Operations office between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this AD, any comments 

received, and other information. The 

street address for the Docket Operations 

office is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hernandez, Aerospace Engineer, 

Systems and Equipment Section, FAA, 

Seattle ACO Branch, 2200 South 216th 

St., Des Moines, WA 98198; phone and 

fax: 206–231–3535; email: 

Brian.Hernandez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Civil Aviation Authority of Israel 

(CAAI), which is the aviation authority 

for Israel, has issued Israeli AD ISR–I– 

24–2021–6–6R1, dated June 27, 2021 

(also referred to after this as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for The Boeing 

Company Model 767–300 series 

airplanes, that have been modified to a 

Bedek Division Special Freighter 

(BDSF), designated as 767–300BDSF, in 

accordance with CAAI STC SA218/FAA 

STC ST02040SE/European Union 

Aviation Safety Agency (EASA) STC 

10028430 (as listed in the appendix of 

the MCAI). Only FAA STC ST02040SE 

is approved for U.S. operators. You may 

examine the MCAI on the internet at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0566. 

This AD was prompted by a report 

that the electrical diagram for the C9066 

circuit breaker connection (wiring) for 

the ‘‘Main Deck Oxygen Alert Control’’ 

is erroneous and might have resulted in 


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37020 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 

incorrect installation. This incorrect 

installation leads to an unprotected 

circuit, and therefore any wires or 

system components that might lie 

adjacent to the wiring that would 

normally be protected by the C9066 

circuit breaker might be affected. The 

FAA is issuing this AD to address 

potential incorrect installation of the 

‘‘Main Deck Oxygen Alert Control’’ 

circuit breaker, which could result in 

overheating and burning of the wiring, 

and consequently, could result in smoke 

triggering an alarm and causing the crew 

workload to increase; or could result in 

a short circuit to adjacent wires causing 

malfunctions in other systems. See the 

MCAI for additional background 

information. 

Related Service Information Under 1 

CFR Part 51 

Israel Aerospace Industries, Ltd., has 

issued IAI-Aviation Group Alert Service 

Bulletin 368–24–098, Revision 1, dated 

June 2021. This service information 

describes procedures for a visual 

inspection of the wiring connection 

common to the C9066 circuit breaker, 

changes to the wiring connection, if 

necessary, and a test of the main deck 

oxygen alert system, if necessary. This 

service information 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 the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI and service 

information referenced above. The FAA 

is issuing this AD because the FAA 

evaluated all pertinent information and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in the service 

information described previously. 

FAA’s Justification and Determination 

of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 

effective in less than thirty days, upon 

a finding of good cause. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies forgoing notice 

and comment prior to adoption of this 

rule because incorrect installation of the 

‘‘Main Deck Oxygen Alert Control’’ 

circuit breaker could result in 

overheating and burning of wiring, and 

consequently, could result in smoke 

triggering an alarm and causing the crew 

workload to increase; or could result in 

a short circuit to adjacent wires causing 

malfunctions in other systems. 

Furthermore, since this is a potentially 

unprotected circuit, if any failure occurs 

along the length of this circuit it could 

result in a fire and cause collateral 

damage to adjacent circuits and affect 

critical systems necessary for continued 

safe flight and landing. Accordingly, 

notice and opportunity for prior public 

comment are impracticable and contrary 

to the public interest pursuant to 5 

U.S.C. 553(b)(3)(B). In addition, the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days, for the same reasons the FAA 

found good cause to forgo notice and 

comment. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2021–0566; Project Identifier MCAI– 

2021–00733–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, 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 final rule 

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 final rule. 

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 AD 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 AD, 

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 AD. Submissions containing CBI 

should be sent to Brian Hernandez, 

Aerospace Engineer, Systems and 

Equipment Section, FAA, Seattle ACO 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; phone and fax: 206– 

231–3535; email: Brian.Hernandez@

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. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

The FAA estimates that this AD 

affects 71 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 


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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations 37021 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection ......................................... 1 work-hour × $85 per hour = $85 ............................... $0 $85 $6,035 

The FAA estimates the following 

costs to do any necessary on-condition 

actions that would be required based on 

the results of the inspection. The FAA 

has no way of determining the number 

of aircraft that might need these actions: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Wiring change and test ............................... 1 work-hour × $85 per hour = $85 ................................................ $0 $85 

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 AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2021–15–04 The Boeing Company: 

Amendment 39–21651; Docket No. 

FAA–2021–0566; Project Identifier 

MCAI–2021–00733–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 14, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–300 series airplanes, certificated 

in any category, that have been modified to 

a Bedek Division Special Freighter (BDSF), in 

accordance with FAA Supplemental Type 

Certificate (STC) ST02040SE (the freighter 

configuration is designated as 767– 

300BDSF), and which are listed in paragraph 

1.A., ‘‘Effectivity,’’ of IAI-Aviation Group 

Alert Service Bulletin 368–24–098, Revision 

1, dated June 2021. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 24, Electrical Power. 

(e) Reason 

This AD was prompted by a report that the 

electrical diagram for the C9066 circuit 

breaker connection (wiring) for the ‘‘Main 

Deck Oxygen Alert Control’’ is erroneous and 

might have resulted in incorrect installation. 

The FAA is issuing this AD to address 

potential incorrect installation of the ‘‘Main 

Deck Oxygen Alert Control’’ circuit breaker, 

which could result in overheating and 

burning of the wiring, and consequently, 

could result in smoke triggering an alarm and 

causing the crew workload to increase; or 

could result in a short circuit to adjacent 

wires causing malfunctions in other systems. 

Furthermore, since this is a potentially 

unprotected circuit, if any failure occurs 

along the length of this circuit it could result 

in a fire and cause collateral damage to 

adjacent circuits and affect critical systems 

necessary for continued safe flight and 

landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection, Wiring Connection Change, 

and Test 

Within 10 days after the effective date of 

this AD, perform a detailed inspection of the 

wiring connection common to the C9066 

circuit breaker to make sure 20 AWG wire is 

connected to terminal 1 and the BUS is 

connected to terminal 2, in accordance with 

steps 1. through 3. of the Accomplishment 

Instructions of IAI-Aviation Group Alert 

Service Bulletin 368–24–098, Revision 1, 

dated June 2021. If 20 AWG wire is not 

connected to terminal 1 or the BUS is not 

connected to terminal 2, before further flight, 

make changes to the wiring connection and 

test the main deck oxygen alert system, in 

accordance with steps 4. through 13. of the 

Accomplishment Instructions of IAI-Aviation 

Group Alert Service Bulletin 368–24–098, 

Revision 1, dated June 2021. 

(h) No Report 

Although IAI-Aviation Group Alert Service 

Bulletin 368–24–098, Revision 1, dated June 

2021, specifies to report inspection findings, 

this AD does not require any report. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO 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 


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1This program consisted of compliance 

monitoring, counseling, and targeted enforcement 

pursuant to the FTC’s general authority under 15 

U.S.C. 45 (‘‘Section 5’’ of the FTC Act). Section 5 

prohibits unfair or deceptive acts or practices in or 

affecting commerce. An act or practice is deceptive 

if it is likely to mislead consumers acting 

reasonably under the circumstances and is 

material—that is, likely to affect a consumer’s 

decision to purchase or use the advertised product 

or service. A claim need not mislead all—or even 

most—consumers to be deceptive under the FTC 

Act. Rather, it need only be likely to deceive some 

consumers acting reasonably. See FTC Policy 

Statement on Deception, 103 F.T.C. 174 (1984) 

(appended to Cliffdale Assocs., Inc., 103 F.T.C. 110, 

177 n.20 (1984) (‘‘A material practice that misleads 

a significant minority of reasonable consumers is 

deceptive.’’); see also FTC v. Stefanchik, 559 F.3d 

924, 929 (9th Cir. 2009) (‘‘The FTC was not required 

to show that all consumers were deceived . . . .’’). 

2Commenters argued such a rule could have a 

strong deterrent effect against unlawful MUSA 

claims without imposing new burdens on lawabiding companies. See generally Transcript of 

Made in USA: An FTC Workshop (Sept. 26, 2019) 

at 63–72, available at https://www.ftc.gov/newsevents/events-calendar/made-usa-ftc-workshop; 

FTC Staff Report, Made in USA Workshop (June 

2020) (‘‘MUSA Report’’), available at https://

www.ftc.gov/system/files/documents/reports/madeusa-ftc-workshop/p074204_-_musa_workshop_

report_-_final.pdf. 

3See Section 320933 of the Violent Crime and 

Law Enforcement Act of 1994, Public Law 103–322, 

108 Stat. 1796, 2135, codified in relevant part at 15 

U.S.C. 45a. Section 45a also states: ‘‘This section 

shall be effective upon publication in the Federal 

Register of a Notice of the provisions of this 

section.’’ The Commission published such a notice 

in 1995 (60 FR 13158 (Mar. 10, 1995). 

4Under the statute, violations of any rule 

promulgated pursuant to Section 45a ‘‘shall be 

treated by the Commission as a violation of a rule 

under section 57a of this title regarding unfair or 

deceptive acts or practices.’’ For violations of rules 

issued pursuant to 15 U.S.C. 57a, the Commission 

may commence civil actions to recover civil 

penalties. See 15 U.S.C. 45(m)(1)(A). 

5See, e.g., Vulcan Lamp Works, Inc., 32 F.T.C. 7 

(1940); Windsor Pen Corp., 64 F.T.C. 454 (1964) 

(articulating this standard as a ‘‘wholly of domestic 

origin’’ standard). 

6This principle was incorporated into the 

Commission’s 1997 Enforcement Policy Statement 

on U.S. Origin Claims (the ‘‘Policy Statement’’) 

following consumer research and public comment, 

as the ‘‘all or virtually all’’ principle. Specifically, 

the Policy Statement provides a marketer making an 

unqualified claim for its product should, at the time 

of the representation, have a reasonable basis for 

asserting ‘‘all or virtually all’’ of the product is 

made in the United States. FTC, Issuance of 

Enforcement Policy Statement on ‘‘Made in USA’’ 

and Other U.S. Origin Claims, 62 FR 63756, 63766 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Civil 

Aviation Authority of Israel (CAAI) Israeli 

AD ISR–I–24–2021–6–6R1, dated June 27, 

2021, for related information. This MCAI 

may be found in the AD docket on the 

internet at https://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2021–0566. 

(2) For more information about this AD, 

contact Brian Hernandez, Aerospace 

Engineer, Systems and Equipment Section, 

FAA, Seattle ACO Branch, 2200 South 216th 

St., Des Moines, WA 98198; phone and fax: 

206–231–3535; email: Brian.Hernandez@

faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) IAI-Aviation Group Alert Service 

Bulletin 368–24–098, Revision 1, dated June 

2021. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Israel Aerospace Industries, 

Ltd., Ben Gurion Airport, Israel 70100; 

telephone 972–39359826; email tmazor@

iai.co.il. 

(4) You may view this service information 

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. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on July 8, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–15026 Filed 7–12–21; 11:15 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 323 

[3084–AB64] 

Made in USA Labeling Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

issues a final rule related to ‘‘Made in 

USA’’ and other unqualified U.S.-origin 

claims on product labels. 

DATES: This final rule is effective August 

13, 2021. 

FOR FURTHER INFORMATION CONTACT: Julia 

Solomon Ensor (202–326–2377) or 

Hampton Newsome (202–326–2889), 

Attorneys, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room CC–9528, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 16, 2020, the Commission 

published a Notice of Proposed 

Rulemaking (‘‘NPRM’’) (85 FR 43162) 

seeking comments on a new rule 

regarding unqualified U.S.-origin claims 

(‘‘MUSA claims’’) on product labels. 

The NPRM was preceded by a review of 

the Commission’s longstanding program 

to prevent deceptive MUSA claims.1

The review included a 2019 public 

workshop and public comment period, 

where stakeholders expressed nearly 

universal support for a rule addressing 

MUSA labels.2

The Commission published a new 

rule in the NPRM pursuant to its 

authority under 15 U.S.C. 45a (‘‘Section 

45a’’). Section 45a declares: ‘‘[t]o the 

extent any person introduces, delivers 

for introduction, sells, advertises, or 

offers for sale in commerce a product 

with a ’Made in the U.S.A.’ or ‘Made in 

America’ label, or the equivalent 

thereof, in order to represent that such 

product was in whole or substantial part 

of domestic origin, such label shall be 

consistent with decisions and orders of 

the Federal Trade Commission.’’ The 

statute authorizes the agency to issue 

rules to effectuate this mandate and 

prevent unfair or deceptive acts or 

practices relating to MUSA labeling.3

Specifically, under the statute, the 

Commission ‘‘may from time to time 

issue rules pursuant to section 553 of 

title 5, United States Code’’ requiring 

MUSA labeling to ‘‘be consistent with 

decisions and orders of the Federal 

Trade Commission issued pursuant to 

[Section 5 of the FTC Act].’’ The statute 

authorizes the FTC to seek civil 

penalties for violations of such rules.4

Consistent with these statutory 

provisions, the NPRM proposed a rule 

covering labels on products that make 

unqualified U.S.-origin claims. 

Consistent with the Commission’s 

MUSA Decisions and Orders since the 

1940s,5 the NPRM proposed to codify 

the established principle that 

unqualified U.S.-origin claims imply to 

consumers no more than a de minimis 

amount of the product is of foreign 

origin.6


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