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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Proposed Rules revisions. In this situation, to comply with 14 CFR 91.403c, the operator must request approval for an alternative method of compliance according to paragraph j1 of this proposed AD.
As described in FAA Advisory Circular 120104 http www.faa.gov/
documentLibrary/media/Advisory_
Circular/120-104.pdf, several programs have been developed to support initiatives that will ensure the continued airworthiness of aging airplane structure. The last element of those initiatives is the requirement to establish a LOV of the engineering data that support the structural maintenance program under 14 CFR 26.21. This proposed AD is the result of an assessment of the previously established programs by the design approval holder DAH during the process of establishing the LOV for the affected airplanes. The actions specified in this proposed AD
are necessary to complete certain programs to ensure the continued airworthiness of aging airplane structure and to support an airplane reaching its LOV.

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Explanation of Required Compliance Information In the FAAs 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 20210134 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 20210134
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 20210134 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 Actions and Compliance Times in EASA AD 20210134.
Service information required by EASA
AD 20210134 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20210870 after the FAA final rule is published.

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Airworthiness Limitation ADs Using the New Process The FAAs 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 91.403c and 91.409e.
The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions e.g., inspections, intervals, or critical design configuration control limitations CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance AMOC in accordance with the procedures specified in the AMOCs paragraph under Other FAA
Provisions. This new format includes a New Provisions for Alternative Actions, Intervals, and CDCCLs paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL.
Costs of Compliance The FAA estimates that this proposed AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs to comply with this proposed AD:
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 fleets, the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 90 work-hours
$85 per work-hour.

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Authority for This Rulemaking 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 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 has 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 39AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:

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

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