This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

30840 

Vol. 87, No. 98 

Friday, May 20, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0586; Project 

Identifier MCAI–2021–01262–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2016–26–05 and AD 2019–21–02, which 

apply to certain Airbus SAS Model 

A330–200, A330–200 Freighter, and 

A330–300 series airplanes. AD 2016– 

26–05 and AD 2019–21–02 require 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. Since the 

FAA issued AD 2016–26–05 and AD 

2019–21–02, the FAA has determined 

that new or more restrictive 

airworthiness limitations are necessary, 

and new airplanes have been added to 

the applicability. This proposed AD 

would continue to require the actions in 

AD 2019–21–02 and require revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

additional new or more restrictive 

airworthiness limitations, as specified 

in a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by July 5, 2022. 

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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For EASA material that will be 

incorporated by reference (IBR) in this 

AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email 

ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

material on the EASA website at https:// 

ad.easa.europa.eu. For Airbus service 

information identified in this proposed 

AD, contact Airbus SAS, Airworthiness 

Office-EAL, Rond-Point Emile 

Dewoitine No: 2, 31700 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax 

+33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

internet https://www.airbus.com. 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. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0586. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0586; 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 

NPRM, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

Large Aircraft Section, FAA, 

International Validation Branch, 2200 

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

telephone 206–231–3229; email 

vladimir.ulyanov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0586; Project Identifier 

MCAI–2021–01262–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, 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 proposal 

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 NPRM. 

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 NPRM 

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 NPRM, 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 

NPRM. Submissions containing CBI 

should be sent to Vladimir Ulyanov, 

Aerospace Engineer, Large Aircraft 

Section, FAA, International Validation 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3229; email vladimir.ulyanov@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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30841 

Background 

The FAA issued AD 2019–21–02, 

Amendment 39–19768 (84 FR 57313, 

October 25, 2019) (AD 2019–21–02), 

which applies to certain Airbus SAS 

Model A330–200, A330–200 Freighter, 

and A330–300 series airplanes. AD 

2019–21–02 requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. The FAA issued AD 2019– 

21–02 to address a safety-significant 

latent failure (that is not annunciated) 

that, in combination with one or more 

other specific failures or events, could 

result in a hazardous or catastrophic 

failure condition. AD 2019–21–02 

specifies that accomplishing the 

revision required by that AD terminates 

all requirements of 2016–26–05, 

Amendment 39–18763 (82 FR 1170, 

January 5, 2017) (AD 2016–26–05). 

Actions Since AD 2019–21–02 Was 

Issued 

Since the FAA issued AD 2019–21– 

02, the FAA has determined that new or 

more restrictive airworthiness 

limitations are necessary. 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0248, 

dated November 15, 2021 (EASA AD 

2021–0248) (also referred to as the 

MCAI), to correct an unsafe condition 

for all Airbus SAS Model Airbus A330– 

201, A330–202, A330–203, A330–223, 

A330–223F, A330–243, A330–243F, 

A330–301, A330–302, A330–303, A330– 

321, A330–322, A330–323, A330–341, 

A330–342, A330–343, A330–841, and 

A330–941 airplanes. 

Airplanes with an original 

airworthiness certificate or original 

export certificate of airworthiness 

issued after July 1, 2021, must comply 

with the airworthiness limitations 

specified as part of the approved type 

design and referenced on the type 

certificate data sheet; this proposed AD 

therefore does not include those 

airplanes in the applicability. 

This proposed AD was prompted by 

a determination that new or more 

restrictive airworthiness limitations are 

necessary, and that EASA AD 2021– 

0248 has added Airbus SAS Model 

A330–841 and A330–941 airplanes to 

the applicability. The FAA is proposing 

this AD to address a safety-significant 

latent failure (that is not annunciated) 

that, in combination with one or more 

other specific failures or events, could 

result in a hazardous or catastrophic 

failure condition. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0248 describes new 

or more restrictive airworthiness 

limitations for airplane structures and 

safe life limits, and adds new models to 

the applicability. 

This proposed AD would also require 

Airbus A330 Airworthiness Limitations 

Section (ALS) Part 3-Certification 

Maintenance Requirements (CMR), 

Revision 06, dated October 15, 2018; 

and Airbus A330 ALS Part 3- 

Certification Maintenance Requirements 

(CMR), Variation 6.1, dated June 28, 

2019; which the Director of the Federal 

Register approved for incorporation by 

reference as of November 29, 2019 (84 

FR 57313, October 25, 2019). 

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 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of these same type 

designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would retain the 

requirements of AD 2019–21–02. This 

proposed AD would also require 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations, which are 

specified in EASA AD 2021–0248 

described previously, as proposed for 

incorporation by reference. Any 

differences with EASA AD 2021–0248 

are identified as exceptions in the 

regulatory text of this AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections). Compliance 

with these actions is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired 

in the areas addressed by this proposed 

AD, the operator may not be able to 

accomplish the actions described in the 

revisions. In this situation, to comply 

with 14 CFR 91.403(c), the operator 

must request approval for an alternative 

method of compliance (AMOC) 

according to paragraph (l)(1) of this 

proposed 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, the FAA proposes to 

incorporate EASA AD 2021–0248 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0248 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2021–0248 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2021–0248. 

Service information required by EASA 

AD 2021–0248 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0586 after the FAA final 

rule is published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
30842 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions 

and intervals are approved as an AMOC 

in accordance with the procedures 

specified in the AMOCs paragraph 

under ‘‘Additional FAA AD 

Provisions.’’ This new format includes a 

‘‘New Provisions for Alternative Actions 

and Intervals’’ paragraph that does not 

specifically refer to AMOCs, but 

operators may still request an AMOC to 

use an alternative action or interval. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 138 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2019–21–02 to be $7,650 (90 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new proposed actions to 

be $7,650 (90 work-hours × $85 per 

work-hour). 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

■ a. Removing Airworthiness Directive 

2016–26–05, Amendment 39–18763 (82 

FR 1170, January 5, 2017); and 

Airworthiness Directive 2019–21–02, 

Amendment 39–19768 (84 FR 57313, 

October 25, 2019); and 

■ b. Adding the following new 

airworthiness directive: 

Airbus SAS: Docket No. FAA–2022–0586; 

Project Identifier MCAI–2021–01262–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by July 5, 2022. 

(b) Affected ADs 

This AD replaces AD 2016–26–05, 

Amendment 39–18763 (82 FR 1170, January 

5, 2017) (AD 2016–26–05); and AD 2019–21– 

02, Amendment 39–19768 (84 FR 57313, 

October 25, 2019) (AD 2019–21–02). 

(c) Applicability 

This AD applies to Airbus SAS Model 

A330–201, –202, –203, –223, –223F, –243, 

–243F, –301, –302, –303, –321, –322, –323, 

–341, –342, –343, –841, and –941 airplanes, 

certificated in any category, with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before July 1, 2021. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary, and that new 

airplanes have been added to the 

applicability. The FAA is issuing this AD to 

address a safety-significant latent failure (that 

is not annunciated) that, in combination with 

one or more other specific failures or events, 

could result in a hazardous or catastrophic 

failure condition. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With 

No Changes 

This paragraph restates the requirements of 

paragraph (g) of AD 2019–21–02, with no 

changes. For Model A330–201, –202, –203, 

–223, –223F, –243, –243F, –301, –302, –303, 

–321, –322, –323, –341, –342, and –343 

airplanes with an original airworthiness 

certificate or original export certificate of 

airworthiness issued on or before October 15, 

2018: Within 90 days after November 29, 

2019 (the effective date of AD 2019–21–02), 

revise the existing maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Airbus A330 

Airworthiness Limitations Section (ALS) Part 

3—Certification Maintenance Requirements 

(CMR), Revision 06, dated October 15, 2018, 

as supplemented by Airbus A330 ALS Part 

3—Certification Maintenance Requirements 

(CMR), Variation 6.1, dated June 28, 2019. 

The initial compliance times for doing the 

tasks is at the time specified in Airbus A330 

Airworthiness Limitations Section (ALS) Part 

3—Certification Maintenance Requirements 

(CMR), Revision 06, dated October 15, 2018, 

as supplemented by Airbus A330 ALS Part 

3—Certification Maintenance Requirements 

(CMR), Variation 6.1, dated June 28, 2019, or 

within 90 days after November 29, 2019, 

whichever occurs later. Accomplishing the 

revision of the existing maintenance or 

inspection program required by paragraph (i) 

of this AD terminates the requirements of this 

paragraph. 

(h) Retained No Alternative Actions or 

Intervals, With a New Exception 

This paragraph restates the requirements of 

paragraph (h) of AD 2019–21–02, with a new 

exception. Except as required by paragraph 

(i) of this AD, after the maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions or 

intervals are approved as an alternative 

method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (l)(1) of this AD. 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30843 

(i) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (j) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2021–0248, dated 

November 15, 2021 (EASA AD 2021–0248). 

Accomplishing the revision of the existing 

maintenance or inspection program required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(j) Exceptions to EASA AD 2021–0248 

(1) Where EASA AD 2021–0248 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2021– 

0248 do not apply to this AD. 

(3) Paragraph (3) of EASA AD 2021–0248 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after the effective 

date of this AD. 

(4) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2021–0248 is at the applicable ‘‘associated 

thresholds,’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2021–0248, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(5) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2021–0248 do not 

apply to this AD. 

(6) The ‘‘Remarks’’ section of EASA AD 

2021–0248 does not apply to this AD. 

(k) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (i) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2021–0248. 

(l) Additional FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, 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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (m)(2) of this AD. 

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

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(ii) AMOCs approved previously for AD 

2019–21–02 are approved as AMOCs for the 

corresponding provisions of EASA AD 2021– 

0248 that are required by paragraph (g) of this 

AD. 

(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, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(m) Related Information 

(1) For EASA AD 2021–0248, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(2) For more information about this AD, 

contact Vladimir Ulyanov, Aerospace 

Engineer, Large Aircraft Section, FAA, 

International Validation Branch, 2200 South 

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

206–231–3229; email vladimir.ulyanov@

faa.gov. 

(3) For Airbus service information 

identified in this AD, contact Airbus SAS, 

Airworthiness Office-EAL, Rond-Point Emile 

Dewoitine No: 2, 31700 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 45 80; email airworthiness.A330- 

A340@airbus.com; internet https://

www.airbus.com. 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. 

Issued on May 16, 2022. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–10775 Filed 5–19–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 190 

[Docket No. FDA–2022–D–0281] 

Policy Regarding Certain New Dietary 

Ingredients and Dietary Supplements 

Subject to the Requirement for PreMarket Notification; Draft Guidance for 

Industry; Availability; Agency 

Information Collection Activities; 

Proposed Collection; Comment 

Request 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a draft 

guidance for industry entitled ‘‘Policy 

Regarding Certain New Dietary 

Ingredients and Dietary Supplements 

Subject to the Requirement for Premarket Notification.’’ The draft 

guidance, when finalized, will advise 

the dietary supplement industry of our 

intent to exercise enforcement 

discretion, for a limited time and in 

limited circumstances, regarding the 

requirement to submit a new dietary 

ingredient (NDI) notification prior to 

marketing. The purpose of the policy is 

to encourage manufacturers and 

distributors of certain NDI-containing 

dietary supplements to correct any past 

failures to submit a required NDI 

notification. 

DATES: Submit either electronic or 

written comments on the draft guidance 

by July 19, 2022 to ensure that we 

consider your comment on the draft 

guidance before we begin work on the 

final version of the guidance. Submit 

written comments (including 

recommendations) on the collection of 

information under the Paperwork 

Reduction Act of 1995 by July 19, 2022. 

ADDRESSES: You may submit comments 

on any guidance at any time as follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 


khammond on DSKJM1Z7X2PROD with PROPOSALS