49470 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

the Service will calculate and round the 

fee to the nearest $0.001 per metric ton. 

* * * 

* * * * * 

(2) Supervision fee. Supervision fee in 

Schedule B in paragraph (a)(2) of this 

section will be set according to the 

following: 

(i) Operating reserve adjustment. The 

operating reserve adjustment is the 

supervision program costs for the 

previous fiscal year divided by 2 less 

the end of previous fiscal year operating 

reserve balance. 

(ii) Supervision tonnage fee. The 

supervision tonnage fee is the sum of 

the prior fiscal year program costs plus 

operating reserve adjustment divided by 

the average yearly tons of domestic U.S. 

grain shipments inspected or weighed, 

or both, including land carrier 

shipments to Canada and Mexico during 

the previous 5 fiscal years. If the 

calculated value is zero or a negative 

value, the Service will suspend the 

collection of supervision tonnage fees 

for one calendar year. 

* * * * * 

(d) Miscellaneous fees for other 

services. For each calendar year, the 

Service will review fees included in this 

section and publish fees in the Federal 

Register and on the Agency’s public 

website. 

(1) Registration certificates and 

renewals. The fee for registration 

certificates and renewals will be 

published annually in the Federal 

Register and on the Agency’s public 

website, and the Service will calculate 

the fee using the noncontract hourly rate 

published pursuant to 7 CFR 

800.71(a)(1) multiplied by five. If you 

operate a business that buys, handles, 

weighs, or transports grain for sale in 

foreign commerce, or you are also in a 

control relationship with respect to a 

business that buys, handles, weighs, or 

transports grain for sale in interstate 

commerce, you must complete an 

application and pay the published fee. 

(2) Designation amendments. The fee 

for amending designations will be 

published annually in the Federal 

Register and on the Agency’s public 

website. The Service will calculate the 

fee using the cost of publication plus 

one hour at the noncontract hourly rate. 

If you submit an application to amend 

a designation, you must pay the 

published fee. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19034 Filed 9–2–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0718; Project 

Identifier MCAI–2020–00601–R; Amendment 

39–21708; AD 2021–18–07] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Leonardo S.p.a. Model AB412 and 

AB412 EP helicopters. This AD was 

prompted by the results of a fatigue 

review. This AD requires establishing a 

life limit for certain part-numbered high 

landing gear aft crosstubes. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective 

September 20, 2021. 

The FAA must receive comments on 

this AD by October 18, 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 Leonardo S.p.A. 

Helicopters, Emanuele Bufano, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C.Costa di Samarate (Va) Italy; 

telephone +39–0331–225074; fax +39– 

0331–229046; or at https://

customerportal.leonardocompany.com/ 

en-US/. 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. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0718; 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, the European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Cook, Airframe/Structural/ 

Mechanical Engineer, Certification 

Section, Fort Worth ACO Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone (817) 222–5475; email 

kenneth.a.cook@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2017–0097, 

dated June 7, 2017 (EASA AD 2017– 

0097), to correct an unsafe condition for 

AgustaWestland S.p.A. (formerly Agusta 

S.p.A., Costruzioni Aeronautiche 

Giovanni Agusta) Model AB412 and 

AB412EP helicopters with high skid 

landing gear assemblies part number (P/ 

N) 412–050–012-(XXX), 412–050–014- 

(XXX), 412–050–050-(XXX), or 412– 

050–059-(XXX), where ‘XXX’ represents 

any 3-digit combination, installed. 

EASA advises of the determination that 

a life limit must be introduced for 

certain high skid landing gear aft 

crosstubes following a fatigue review. 

Failure to comply with the new life 

limit could lead to the failure of the 

part, possibly resulting in damage of the 

helicopter and injuries to passengers. 

Accordingly, EASA AD 2017–0097 

requires implementation of the new life 

limit and revision of the Aircraft 

Maintenance Program (AMP). 

FAA’s Determination 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA is issuing 

this AD after evaluating all known 

relevant information and determining 

that the unsafe condition described 

previously is likely to exist or develop 

on other helicopters of these same type 

designs. 

Related Service Information 

The FAA reviewed Leonardo 

Helicopters Emergency Alert Service 

Bulletin No. 412–151, Revision A, dated 

June 5, 2017. This service information 

specifies procedures for establishing a 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49471 

retirement life (life limit) of 10,000 

landings for high landing gear aft 

crosstube P/Ns 412–050–010–101, 412– 

050–010–107, 412–050–010–111, and 

412–050–045–107. This service 

information also specifies procedures 

for inspecting a high landing gear aft 

crosstube that has already exceeded the 

new retirement life to defer the initial 

retirement life replacement. 

AD Requirements 

For high landing gear aft crosstube P/ 

Ns 412–050–010–101, 412–050–010– 

107, 412–050–010–111, and 412–050– 

045–107, this AD requires determining 

the total number of landings. For 

purposes of this AD, a landing is 

counted anytime a helicopter lifts off 

into the air and then lands again 

regardless of the duration of the landing 

and regardless of whether the engine is 

shutdown. If the total number of 

landings cannot be determined, this AD 

requires multiplying the total hours 

time-in-service accumulated by the high 

landing gear aft crosstube by 4. If the 

high landing gear aft crosstube has 

accumulated or exceeded 10,000 total 

landings, this AD requires removing the 

high landing gear aft crosstube from 

service. This AD also requires creating 

a component history card or equivalent 

record to establish a life limit of 10,000 

total landings, and thereafter, removing 

any high landing gear aft crosstube from 

service before accumulating 10,000 total 

landings. 

Differences Between This AD and the 

EASA AD 

EASA AD 2017–0097 allows deferring 

the first replacement of a high landing 

gear aft crosstube that has accumulated 

9,900 or more total landings as of the 

effective date of its AD by passing 

certain inspections, whereas this AD 

does not allow that deferral. EASA AD 

2017–0097 requires revising the AMP 

and allows revision of the AMP as 

terminating action of its AD, whereas 

this AD does not contain those actions. 

Justification for Immediate Adoption 

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. 

There are no helicopters with these 

type certificates on the U.S. Registry. 

Accordingly, notice and opportunity for 

prior public comment are unnecessary, 

pursuant to 5 U.S.C. 553(b)(3)(B). In 

addition, for the foregoing reason(s), 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. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2021–0718; 

Project Identifier MCAI–2020–00601–R’’ 

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 Kenneth Cook, 

Airframe/Structural/Mechanical 

Engineer, Certification Section, Fort 

Worth ACO Branch, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5475; email 

kenneth.a.cook@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 

The requirements of the Regulatory 

Flexibility Act (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 prior 

notice and comment, RFA analysis is 

not required. 

Costs of Compliance 

There are no costs of compliance with 

this AD because there are no helicopters 

with these type certificates on the U.S. 

Registry. 

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 

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, 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. 


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49472 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

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: 

2021–18–07 Leonardo S.p.a.: Amendment 

39–21708; Docket No. FAA–2021–0718; 

Project Identifier MCAI–2020–00601–R. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 20, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Leonardo S.p.a. Model 

AB412 and AB412 EP helicopters, 

certificated in any category, with a high skid 

landing gear assembly part number (P/N) 

412–050–012–(XXX), 412–050–014–(XXX), 

412–050–050–(XXX), or 412–050–059– 

(XXX), where ‘‘(XXX)’’ represents any 3-digit 

combination, installed. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 3200, Landing Gear System. 

(e) Unsafe Condition 

This AD was prompted by the results of a 

fatigue review. The FAA is issuing this AD 

to prevent parts from remaining in service 

beyond their fatigue life. The unsafe 

condition, if not addressed, could result in 

failure of a part and subsequent damage to 

the helicopter and injuries to occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

For high landing gear aft crosstube P/Ns 

412–050–010–101, 412–050–010–107, 412– 

050–010–111, and 412–050–045–107: 

(1) Before further flight after the effective 

date of this AD, determine the total number 

of landings. For purposes of this AD, a 

landing is counted anytime a helicopter lifts 

off into the air and then lands again 

regardless of the duration of the landing and 

regardless of whether the engine is 

shutdown. If the total number of landings 

cannot be determined, multiply the total 

hours time-in-service accumulated by the 

high landing gear aft crosstube by 4. Remove 

any high landing gear aft crosstube from 

service that has accumulated or exceeded 

10,000 total landings. 

(2) Create a component history card or 

equivalent record to establish a life limit of 

10,000 total landings. 

(3) Thereafter, remove any high landing 

gear aft crosstube from service before 

accumulating 10,000 total landings. 

(h) 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 (i)(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. 

(i) Related Information 

(1) For more information about this AD, 

contact Kenneth Cook, Airframe/Structural/ 

Mechanical Engineer, Certification Section, 

Fort Worth ACO Branch, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5475; email 

kenneth.a.cook@faa.gov. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (now 

European Union Aviation Safety Agency) 

(EASA) AD 2017–0097, dated June 7, 2017. 

You may view the EASA AD at https://

www.regulations.gov in Docket No. FAA– 

2021–0718. 

(j) Material Incorporated by Reference 

None. 

Issued on August 24, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–19032 Filed 9–2–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1977 

[Docket Number: OSHA–2021–0002] 

RIN 1218–AD35 

Discrimination Against Employees 

Exercising Rights Under the WilliamsSteiger Occupational Safety and Health 

Act of 1970 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Final interpretive rule. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) is 

amending one of the rules interpreting 

the anti-retaliation provision of the 

Occupational Safety and Health Act of 

1970 (OSH Act or Act) to clarify that the 

test for showing a nexus between 

protected activity and adverse action is 

‘‘but-for’’ causation. 

DATES: This final interpretive rule is 

effective on September 3, 2021. 

FOR FURTHER INFORMATION CONTACT: Rob 

Swick, Directorate of Whistleblower 

Protection Programs, Occupational 

Safety and Health Administration, U.S. 

Department of Labor; telephone: (202) 

693–2199; email: OSHA.DWPP@dol.gov. 

SUPPLEMENTARY INFORMATION: OSHA is 

revising the interpretive rule at 29 CFR 

1977.6(b), which addresses causation 

under the anti-retaliation (colloquially 

‘‘whistleblower’’) provision of the OSH 

Act, section 11(c), 29 U.S.C. 660(c). For 

the reasons explained in the following 

sections, the agency is removing 

outdated language to clarify that the 

only means by which the Secretary of 

Labor (Secretary) may prove a causal 

connection between protected activity 

and adverse action under the OSH Act 

is to show that ‘‘but for’’ the protected 

activity the employee would not have 

suffered the adverse action. 

I. Background 

Congress enacted the OSH Act, to 

assure so far as possible every working 

man and woman in the Nation safe and 

healthful working conditions and to 

preserve our human resources. 29 U.S.C. 

651(b). To achieve this goal, Congress 

authorized the Secretary, among other 

things, to set and enforce occupational 

safety and health standards. The 

Secretary’s assigned enforcement 

powers, including the power to inspect 

workplaces and issue citations and 

notifications of proposed penalties to 

employers who violate the standards 

developed under the OSH Act, have 

been delegated to OSHA. 29 U.S.C. 

657(a), 658, 666; Secretary of Labor’s 

Order No. 08–2020 (85 FR 58393, 

September 18, 2020). 

In addition, the Act affords employees 

and their representatives certain rights. 

For example, section 8(f)(1) of the Act 

provides employees and representatives 

of employees who believe that a 

violation of a safety or health standard 

that threatens physical harm exists or 

that an imminent danger exists with the 

right to request an inspection by giving 

notice to the Secretary or his authorized 

representative of such violation or 

danger. 29 U.S.C. 657(f)(1). Such 

employee complaints aid the agency in 

accomplishing the goal of assuring safe 


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