44600 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

Document ADAMS accession No. 

TN Americas, LLC Renewal Application for the Standardized NUHOMS® Horizontal Modular Storage System Certificate of Compliance No. 1029, dated May 22, 2019.ML19148A484 (package). 

TN Americas, LLC Response to Request for Supplemental Information for the Technical Review of the Application 

for Certificate of Compliance No. 1029, dated December 4, 2019.

ML19338E132. 

TN Americas, LLC Response to Request for Additional Information of the Application for Renewal of the Certificate 

of Compliance No. 1029, dated May 28, 2020.

ML20192A127. 

User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 

0), Amendment Numbers 1, 3, and 4 to Standardized Advanced NUHOMS® Horizontal Modular Storage System.

ML21067A166. 

Preliminary Safety Evaluation Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System Certificate of Compliance Renewal.ML21067A167. 

Proposed Certificate of Compliance No. 1029, Renewed Initial Certificate ................................................................... ML21067A168. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Initial Certificate .. ML21067A169. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 1 ................................................................ ML21067A170. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 1 ML21067A171. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 3 ................................................................ ML21067A172. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 3 ML21067A173. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 4 ................................................................ ML21067A174. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 4 ML21067A175. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at https://www.regulations.gov 

under Docket ID NRC–2021–0108. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Indians, 

Intergovernmental relations, Nuclear 

energy, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72: 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1969 

(42 U.S.C. 4332); Nuclear Waste Policy Act 

of 1982, secs. 117(a), 132, 133, 134, 135, 137, 

141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

■ 2. In § 72.214, Certificate of 

Compliance No. 1029 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1029. 

Initial Certificate Effective Date: 

February 5, 2003, superseded by 

Renewed Initial. 

Certificate Effective Date: October 27, 

2021. 

Amendment Number 1 Effective Date: 

May 16, 2005, superseded by Renewed. 

Amendment Number 1 Effective Date: 

October 27, 2021. 

Amendment Number 2 Effective Date: 

Amendment not issued by the NRC. 

Amendment Number 3 Effective Date: 

February 23, 2015, superseded by 

Renewed. 

Amendment Number 3 Effective Date: 

October 27, 2021. 

Amendment Number 4 Effective Date: 

March 12, 2019, superseded by 

Renewed. 

Amendment Number 4 Effective Date: 

October 27, 2021. 

SAR Submitted by: Transnuclear, Inc., 

now TN Americas, LLC. 

Renewal SAR Submitted by: TN 

Americas, LLC. 

SAR Title: Final Safety Analysis 

Report for the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System for Irradiated Nuclear Fuel. 

Docket Number: 72–1029. 

Certificate Expiration Date: February 

5, 2023. 

Renewed Certificate Expiration Date: 

February 5, 2063. 

Model Number: Standardized 

Advanced NUHOMS®–24PT1, –24PT4, 

and –32PTH2.

* * * * * 

Dated: August 6, 2021. 

For the Nuclear Regulatory Commission. 

Daniel H. Dorman, 

Acting Executive Director for Operations. 

[FR Doc. 2021–17193 Filed 8–12–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0669; Project 

Identifier MCAI–2021–00314–T; Amendment 

39–21690; AD 2021–17–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Canada Limited Partnership (Type 

Certificate Previously Held by C Series 

Aircraft Limited Partnership (CSALP); 

Bombardier, Inc.) 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 Canada Model BD–500–1A10 

and BD–500–1A11 airplanes. This AD 

was prompted by the potential for the 

flexible hose assembly of the fuel 

motive flow (MF), installed between the 

pylon and wing, to be installed twisted 

in the shroud, which can restrict the 

flow of fuel for the MF and cause fuel 

imbalance and damage to the shroud 

assembly. This AD requires inspecting 

for damage of the left and right MF fuel 

line assemblies (including the flexiblehose and shroud assemblies), and 

replacing damaged parts, as specified in 

a Transport Canada Civil Aviation 

(TCCA) AD, which is incorporated by 

reference. The FAA is issuing this AD 


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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44601 

to address the unsafe condition on these 

products. 

DATES: This AD becomes effective 

August 30, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of August 30, 2021. 

The FAA must receive comments on 

this AD by September 27, 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 material incorporated by reference 

(IBR) in this AD, contact TCCA, 

Transport Canada National Aircraft 

Certification, 159 Cleopatra Drive, 

Nepean, Ontario K1A 0N5, Canada; 

telephone 888–663–3639; email ADCN@tc.gc.ca; internet https://

tc.canada.ca/en/aviation. You may view 

this IBR 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–2021–0669. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0669; 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 

AD, any comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Jiwan Karunatilake, Aerospace 

Engineer, Airframe and Propulsion 

Section, FAA, New York ACO Branch, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516– 

228–7300; fax 516–794–5531; email 

9-avs-nyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

TCCA, which is the aviation authority 

for Canada, has issued TCCA AD CF– 

2021–09, dated March 11, 2021 (TCCA 

AD CF–2021–09) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for certain Airbus 

Canada Limited Partnership Model BD– 

500–1A10 and BD–500–1A11 airplanes. 

This AD was prompted by the 

determination that a new configuration 

of the pylon-to-wing area MF flexible 

fuel line assembly was introduced 

without revision or modification to the 

installation procedure, potentially 

resulting in a twisted MF flexible fuel 

line in the shroud. This can restrict the 

flow of fuel of the MF, which can cause 

fuel imbalance and possible damage 

including abrasion to the shroud 

assembly. The FAA is issuing this AD 

to address this condition, which could 

result in the consequent abrasion of the 

fuel line and a possible fuel leak; as a 

result, the electrical harness connectors 

in the wing area could be a potential 

ignition source and pose a risk of fire. 

See the MCAI for additional background 

information. 

Related Service Information Under 1 

CFR Part 51 

TCCA AD CF–2021–09 describes 

procedures for a general visual 

inspection for damage (including 

permanent deformities) of the left and 

right MF fuel line assemblies (including 

the flexible-hose assembly and shroud 

assembly), and replacement of affected 

MF fuel line assemblies (including 

cleaning of the ends of the flexible-hose 

assembly, injecting grease at both ends 

of the flexible-hose assembly, and 

torqueing the aft end of the flexible-hose 

assembly). 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 the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI 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 TCCA AD CF–2021– 

09 described previously, as incorporated 

by reference, except for any differences 

identified as exceptions in the 

regulatory text of this AD. 

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, TCCA AD CF–2021– 

09 is incorporated by reference in this 

AD. This AD requires compliance with 

TCCA AD CF–2021–09 in its entirety 

through that incorporation, except for 

any differences identified as exceptions 

in the regulatory text of this AD. Service 

information required by TCCA AD CF– 

2021–09 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0669 after this AD is 

published. 

FAA’s Justification and Determination 

of the Effective Date 

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 waiving notice 

and comment prior to adoption of this 

rule because a twisted MF flexible fuel 

line in the shroud can restrict the flow 

of fuel of the MF and cause fuel 

imbalance and possible damage 

including abrasion to the shroud 

assembly and fuel line, resulting in a 

fuel leak; as a result, the electrical 

harness connectors in the wing area are 

a potential ignition source and pose a 

risk of fire. In addition, the compliance 

time for the required action is shorter 

than the time necessary for the public to 

comment and for publication of the final 

rule. Therefore, the FAA finds good 

cause that notice and opportunity for 

prior public comment are impracticable. 

In addition, for the reasons stated above, 

the FAA finds that good cause exists for 

making this amendment effective in less 

than 30 days. 

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– 


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2021–0669; Project Identifier MCAI– 

2021–00314–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 Jiwan Karunatilake, 

Aerospace Engineer, Airframe and 

Propulsion Section, FAA, New York 

ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; fax 516–794– 

5531; email 9-avs-nyaco-cos@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 5 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

7 work-hours × $85 per hour = $595 .......................................................................................... $0 $595 $2,975 

The FAA estimates the following 

costs to do any necessary on-condition 

actions that would be required based on 

the results of any required actions. The 

FAA has no way of determining the 

number of aircraft that might need this 

on-condition actions: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per 

product 

0.5 work-hour × $85 per hour = $42.50 .................................................................................................................. $20,260 $20,302.50 

According to the manufacturer, some 

or all of the costs of this AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. The FAA does not control 

warranty coverage for affected operators. 

As a result, the FAA has included all 

known costs in the cost estimate. 

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. 


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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44603 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–17–07 Airbus Canada Limited 

Partnership (Type Certificate Previously 

Held by C Series Aircraft Limited 

Partnership (CSALP); Bombardier, Inc.): 

Amendment 39–21690; Docket No. 

FAA–2021–0669; Project Identifier 

MCAI–2021–00314–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective August 30, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Canada Limited 

Partnership (type certificate previously held 

by C Series Aircraft Limited Partnership 

(CSALP); Bombardier, Inc.) Model BD–500– 

1A10 and BD–500–1A11 airplanes, 

certificated in any category, as identified in 

Transport Canada Civil Aviation (TCCA) AD 

CF–2021–09, dated March 11, 2021 (TCCA 

AD CF–2021–09). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Aircraft fuel system. 

(e) Reason 

This AD was prompted by the potential for 

the flexible hose assembly of the fuel motive 

flow (MF), installed between the pylon and 

wing, to be installed twisted in the shroud, 

which can restrict the flow of fuel for the MF 

and cause fuel imbalance and possible 

damage, including abrasion, to the shroud 

assembly. The FAA is issuing this AD to 

address this condition, which could result in 

abrasion of the fuel line and a possible fuel 

leak; as a result, the electrical harness 

connectors in the wing area could be a 

potential ignition source and pose a risk of 

fire. 

(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, TCCA AD CF–2021–09. 

(h) Exception to TCCA AD CF–2021–09 

(1) Where TCCA AD CF–2021–09 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) Where TCCA AD CF–2021–09 specifies 

replacing MF fuel line assemblies, this AD 

requires that replacement before further flight 

after any damage (including any permanent 

deformity) is detected. 

(i) No Return of Parts 

Although the service information 

referenced in TCCA AD CF–2021–09 

specifies to return certain parts to the 

manufacturer, this AD does not include that 

requirement. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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 information directly 

to the manager of the certification office, 

send it to ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. 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, New York ACO Branch, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or Airbus Canada’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(k) Related Information 

For more information about this AD, 

contact Jiwan Karunatilake, Aerospace 

Engineer, Airframe and Propulsion Section, 

FAA, New York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; fax 516–794–5531; 

email 9-avs-nyaco-cos@faa.gov. 

(l) 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) Transport Canada Civil Aviation (TCCA) 

AD CF–2021–09, dated March 11, 2021. 

(ii) [Reserved] 

(3) For TCCA AD CF–2021–09, contact 

TCCA, Transport Canada National Aircraft 

Certification, 159 Cleopatra Drive, Nepean, 

Ontario K1A 0N5, Canada; telephone 888– 

663–3639; email AD-CN@tc.gc.ca; internet 

https://tc.canada.ca/en/aviation. 

(4) 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 on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0669. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to https://

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

Issued on August 10, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–17483 Filed 8–11–21; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2019–0111; Airspace 

Docket No. 19–ASO–23] 

RIN 2120–AA66 

Establishment of Restricted Area R– 

5306F; Cherry Point, NC 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action establishes 

restricted area R–5306F at Marine Corps 

Air Station (MCAS) Cherry Point, NC. 

R–5306F extends from flight level (FL) 

180 to FL 290. Restricted area R–5306F 

overlie the existing restricted area R– 

5306A, and the adjacent Core Military 

Operations Area (MOA). Due to altitude 

constraints, the existing restricted 

airspace structure around MCAS Cherry 

Point cannot fully support the training 

requirements for current legacy aircraft 

as well as 4th and 5th generation aircraft 

such as the F–35. In conjunction with 

R–5306A, restricted area R–5306F will 

allow for realistic training to enable 

pilots and aircrews to counter evolving 

threat nation warfare anti-aircraft 

capabilities. 

DATES: Effective date 0910 UTC, 

December 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sean Hook, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 


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