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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
rule because radio altimeter anomalies that are undetected by the aircraft automation or pilot, particularly close to the ground e.g., landing flare, could lead to loss of continued safe flight and landing. The urgency is based on CBand wireless broadband deployment, which is expected to occur in phases with operations beginning as soon as January 5, 2022. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5
U.S.C. 553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment.
Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES.
Include Docket No. FAA20210953
and Project Identifier AD202101169
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.

Continued Operational Safety Technical Advisor, COS Program Management Section, Operational Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 907124137; phone:
8172225390; email:
operationalsafety@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.

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 Brett Portwood,
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 notice and comment, RFA analysis is not required.

Regulatory Flexibility Act
Impact on Intrastate Aviation in Alaska For the reasons discussed above, this AD will not affect intrastate aviation in Alaska.
Costs of Compliance The FAA estimates that this AD
affects 6,834 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

khammond on DSKJM1Z7X2PROD with RULES

ESTIMATED COSTS
Action
Labor cost
AFM revision

1 work-hour $85 per hour = $85

As previously discussed, there may be other impacts to aviation; however there remains uncertainty as to cost due to various factors such as which airports within the United States have, or will have, base stations or other devices that could interfere with aircraft radio altimeters.

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.

Authority for This Rulemaking
Regulatory Findings
Title 49 of the United States Code specifies the FAAs 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 Agencys 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
VerDate Sep<11>2014

16:33 Dec 08, 2021

Jkt 256001

Cost per product
Parts cost $0

Cost on U.S.
operators
$85

$580,890

The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:

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.

Authority: 49 U.S.C. 106g, 40113, 44701.
39.13

Amended
2. The FAA amends 39.13 by adding the following new airworthiness directive:

List of Subjects in 14 CFR Part 39

20212312 Transport and Commuter Category Airplanes: Amendment 39
21810; Docket No. FAA20210953;
Project Identifier AD202101169T.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

a Effective Date This airworthiness directive AD is effective December 9, 2021.

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