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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44604 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes restricted area airspace at 

Cherry Point, NC, to enhance aviation 

safety and accommodate essential U.S. 

Marine Corps training activities. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2019–0111 in the Federal Register 

(85 FR 16918; March 25, 2020), 

proposing to expand the restricted 

airspace at MCAS Cherry Point, NC, by 

establishing restricted area R–5306F, 

because the altitude constraints of the 

current airspace structure cannot fully 

support U.S. Marine Corps training and 

readiness requirements. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. No 

comments were received. 

The Rule 

This action amends 14 CFR part 73 by 

establishing restricted area R–5306F, 

Cherry Point, NC, to overlie the existing 

restricted area R–5306A, and the 

adjacent Core MOA. Restricted area R– 

5306F extends from FL 180 to FL 290. 

The time of designation is Monday 

through Friday, 0800 to 0000 hours, 

local time; other times by NOTAM. 

In conjunction with R–5306A, R– 

5306F will provide the low-altitude to 

high-altitude restricted airspace needed 

to train in the variety of tactics as 

discussed above. 

There are no current Air Traffic 

Service routes (i.e., jet routes or Qroutes) or preferential IFR routes that 

are impacted by the restricted area. R– 

5306F is joint-use special use airspace; 

meaning that the using agency will 

return the restricted area to the 

controlling agency (FAA, Washington 

ARTCC) on a real-time basis when not 

in use by the using agency. Supersonic 

flight will not be conducted in R–5306F. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule does not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of establishing restricted area 

R–5306F at MCAS Cherry Point, NC, 

qualifies for categorical exclusion under 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.) and its 

implementing regulations at 40 CFR part 

1500, and in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 

5–6.5f, which categorically excludes 

from further environmental impact 

review actions that increase the altitude 

of special use airspace. As such, this 

action is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. The FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. The FAA’s categorical exclusion 

declaration and decision for this action 

is separately documented in a 

categorical exclusion dated August 25, 

2020. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.53 North Carolina [Amended] 

■ 2. Section 73.53 is amended as 

follows: 

* * * * * 

R–5306F Cherry Point, NC [New] 

Boundaries. Beginning at lat. 35°23′16′′ N, 

long. 76°34′39′′ W; 

to lat. 35°18′16′′ N, long. 76°16′39′′ W; 

to lat. 35°04′31′′ N, long. 76°04′29′′ W; 

to lat. 35°00′31′′ N, long. 76°00′59′′ W; 

to lat. 35°00′22′′ N, long. 76°00′51′′ W; 

thence southwest 3 NM from and parallel 

to the shoreline 

to lat. 34°40′16′′ N, long. 76°24′45′′ W; 

to lat. 34°40′41′′ N, long. 76°25′08′′ W; 

to lat. 34°46′01′′ N, long. 76°29′59′′ W; 

to lat. 35°08′01′′ N, long. 76°51′19′′ W; 

to the point of beginning. 

Designated altitudes. FL 180 to FL 290. 

Time of designation. Monday through 

Friday, 0800–0000; other times by NOTAM. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. USMC, Commanding 

Officer, U.S. Marine Corps Air Station Cherry 

Point, NC. 

* * * * * 

Issued in Washington, DC, on August 9, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–17251 Filed 8–12–21; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 241 

[Release No. 34–92565] 

Procedures for the Commission’s Use 

of Certain Authorities Under Rule 21F– 

3(b)(3) and Rule 21F–6 of the 

Securities Exchange Act of 1934 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Policy statement. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) 

is issuing this statement to clarify how 

the SEC will proceed when addressing 

certain issues under Exchange Act Rule 

21F–3(b)(3) and Exchange Act Rule 

21F–6 while the staff is preparing and 

the Commission is considering potential 

amendments to those rules (‘‘Interim 

Policy-Review Period’’). These 

procedures will remain in effect until 

withdrawn by the Commission. 

DATES: The policy statement is effective: 

August 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Emily Pasquinelli, Acting Chief in the 

Office of the Whistleblower, Division of 

Enforcement, at (202) 551–5973; 

William K. Shirey, Counsel to the 

Solicitor, Office of the General Counsel, 

at (202) 551–5043; Securities and 

Exchange Commission, 100 F Street NE, 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to the Dodd-Frank 

Consumer Protection and Wall Street 


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