AD 2021-26-01

70725 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations § 1240.51 [Amended] ■ 36. Amend § 1240.51 by removing the words ‘‘Service counsel’’ and adding in their place the words ‘‘DHS counsel’’ in paragraphs (a) and (b). ■ 37. Amend § 1240.53 by revising paragraph (a) to read as follows: § 1240.53 Appeals. (a) Appeal to the Board. Pursuant to 8 CFR part 1003, an appeal shall lie from a decision of an immigration judge to the Board, except that no appeal shall lie from an order of deportation entered in absentia. The procedures regarding the filing of a Form EOIR–26, Notice of Appeal, fees, and briefs are set forth in §§ 1003.3, 1003.31, and 1003.38 of this chapter. An appeal shall be filed within 30 calendar days after the mailing or electronic notification of a written decision, the stating of an oral decision, or the service of a summary decision. The filing date is defined as the date of receipt of the Notice of Appeal by the Board. The reasons for the appeal shall be stated in the Form EOIR–26, Notice of Appeal, in accordance with the provisions of § 1003.3(b) of this chapter. Failure to do so may constitute a ground for dismissal of the appeal by the Board pursuant to § 1003.1(d)(2) of this chapter. * * * * * PART 1245—ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE ■ 38. The authority citation for part 1245 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1182, 1255; section 202, Pub. L. 105–100, 111 Stat. 2160, 2193; section 902, Pub. L. 105–277, 112 Stat. 2681; Title VII of Pub. L. 110–229. § 1245.21 [Amended] ■ 39. Amend § 1245.21 by: ■ a. Removing the words ‘‘The Service’’ and adding in their place the word ‘‘DHS’’ in paragraphs (a) introductory text, (b)(1) introductory text, (d)(2), and (m)(2) and (4), wherever they appear; ■ b. Removing the words ‘‘the Service’’ and adding in their place the word ‘‘DHS’’ in paragraphs (b)(1)(i), (c), (d) introductory text, (d)(2) and (4), (h) through (l), and (m)(2) through (4), wherever they appear; ■ c. Removing the words ‘‘Service counsel’’ and adding in their place the words ‘‘DHS counsel’’ in paragraph (c); ■ d. Removing the words ‘‘the Service’s’’ and adding in their place the word ‘‘DHS’s’’ in paragraphs (j) and (m)(2); and ■ e. Removing the words ‘‘Service files’’ and adding in their place the words ‘‘DHS files’’ in paragraph (g)(3). PART 1246—RECISSION OF ADJUSTMENT OF STATUS ■ 40. The authority citation for part 1246 continues to read as follows: Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR part 2. § 1246.5 [Amended] ■ 41. Amend § 1246.5 by removing the words ‘‘Service counsel’’ and adding in their place the words ‘‘DHS counsel’’, in paragraph (a), wherever they appear. PART 1292—REPRESENTATION AND APPEARANCES ■ 42. The authority citation for part 1292 continues to read as follows: Authority: 8 U.S.C. 1103, 1362. ■ 43. Amend § 1292.1 by revising paragraphs (a)(2)(ii) through (iv) and adding paragraph (a)(2)(v) to read as follows: § 1292.1 Representation of others. (a) * * * (2) * * * (ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of an EOIR-registered licensed attorney or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is without direct or indirect remuneration from the alien he or she represents; (iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of an EOIR-registered licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; (iv) When the law student or law graduate appears before the immigration court or the Board of Immigration Appeals, the law student or law graduate is supervised by an attorney or accredited representative who must appear simultaneously at the same hearing. The accompanying attorney or accredited representative must be authorized to practice before EOIR and be prepared to proceed with the case at all times; and (v) All filings by law students and law graduates are made through an EOIR- registered attorney or accredited representative. * * * * * Dated: December 4, 2021. Lisa O. Monaco, Deputy Attorney General. [FR Doc. 2021–26853 Filed 12–10–21; 8:45 am] BILLING CODE 4410–30–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–1066; Project Identifier AD–2021–01189–R; Amendment 39–21859; AD 2021–26–01] RIN 2120–AA64 Airworthiness Directives; Bell Textron Canada Limited 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 Bell Textron Canada Limited Model 505 helicopters. This AD was prompted by a report of chafing of the right forward tail rotor (T/R) control cable. This AD requires inspecting the right forward T/R cable and, depending on the results, removing the cable assembly from service. This AD also requires measuring the clearance between the right forward T/R control cable and the roller bracket cut out and, depending on the results, adjusting the height of the roller bracket assembly position. The FAA is issuing this AD to address the unsafe condition on these products. DATES : This AD is effective December 28, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 28, 2021. The FAA must receive comments on this AD by January 27, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For Bell service information identified in this final rule, contact Bell Textron VerDate Sep<11>2014 15:56 Dec 10, 2021 Jkt 256001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1 khammond on DSKJM1Z7X2PROD with RULES

70726 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1–450–437–2862 or 1–800– 363–8023; fax 1–450–433–0272; email productsupport@bellflight.com; or at https://www.bellflight.com/support/ contact-support. For S–TEC Corporation service information identified in this final rule, contact S–TEC Corporation, One S–TEC Way, Mineral Wells Municipal Airport, Mineral Wells, TX 76067; telephone (817) 215–7600. 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 (812) 222–5110. Service information that is incorporated by reference is also available at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–1066. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–1066; 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, any comments received, and other information. The street address for the Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT : Hye Yoon Jang, Aerospace Engineer, Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5190; email hye.yoon.jang@faa.gov. SUPPLEMENTARY INFORMATION : Background The FAA is adopting a new AD for certain serial-numbered Bell Textron Canada Limited Model 505 helicopters that have S–TEC Corporation HeliSAS stability augmentation system and autopilot installed under Supplemental Type Certificate SR09758DS. The FAA received a report that, during an inspection, chafing was discovered on the right forward T/R control cable due to contact with the autopilot yaw servo bracket, which is part of the HeliSAS stability augmentation system. Additional review revealed that the installation instructions did not include a minimum clearance limit between the right forward T/R control cable and the autopilot yaw servo bracket, which allowed the positioning of the autopilot yaw servo bracket such that it did not prevent contact and chafing. Since this discovery, S–TEC revised the installation instructions to specify a minimum cable clearance limit. This condition, if not addressed, could result in failure of the right forward T/R control cable, loss of T/R control, and subsequent loss of control of the helicopter. The FAA is issuing this AD to address the unsafe condition on these products. FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Related Service Information Under 1 CFR Part 51 The FAA reviewed Bell Alert Service Bulletin 505–21–27, dated October 7, 2021 (ASB). This ASB specifies inspecting the right forward T/R control cable in the area of the roller bracket assembly for any signs of contact and ensuring there is minimum clearance between the right forward T/R control cable and the roller bracket cut out. Depending on the results, this ASB specifies reporting information to Bell, replacing the cable assembly, and adjusting the height of the roller bracket assembly position. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES . Other Related Service Information The FAA reviewed S–TEC Corporation Installation Instructions ST–974–II–0001, Revision 2, dated October 6, 2021. This service information contains information necessary for installing a HeliSAS stability augmentation system and autopilot, including information for adjusting the height of the roller bracket assembly position. AD Requirements This AD requires inspecting the right forward T/R control cable in the area of the roller bracket assembly for any signs of chafing and, if there is any chafing, removing the cable assembly from service. This AD also requires measuring the clearance between the right forward T/R control cable and the roller bracket cut out and, depending on the results, adjusting the height of the roller bracket assembly position. Differences Between This AD and the Service Information If there is chafing, the ASB specifies reporting certain information to Bell, whereas this AD does not. 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. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because the affected components are part of an assembly that is critical to the control of a helicopter. In addition, chafing could lead to instantaneous failure before detection. As the FAA has no information pertaining to the extent of chafing of the right forward T/R control cable that may currently exist in helicopters or how quickly the condition may propagate to failure, the actions required by this AD must be accomplished within 25 hours time-in- service or 30 days, whichever occurs first. This compliance time is shorter than the time necessary for the public to comment and for publication of the final rule. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, 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, for the same reasons the FAA found good cause to forego 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. FAA–2021–1066 and Project Identifier AD–2021–01189– 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 VerDate Sep<11>2014 15:56 Dec 10, 2021 Jkt 256001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1 khammond on DSKJM1Z7X2PROD with RULES

70727 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations 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 Hye Yoon Jang, Aerospace Engineer, Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222– 5190; email hye.yoon.jang@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 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 The FAA estimates that this AD affects up to 76 helicopters of U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this AD. Inspecting the T/R control cable and measuring the clearance takes about 1 work-hour, for an estimated cost of $85 per helicopter and up to $6,460 for the U.S. fleet. Replacing the cable assembly, if required, takes about 8 work-hours and parts cost about $427 for an estimated cost of $1,107 per helicopter. If required, adjusting the height of the roller bracket assembly position takes about 1 work hour for an estimated cost of $85 per helicopter. 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 above, 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. 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: 2021–26–01 Bell Textron Canada Limited: Amendment 39–21859; Docket No. FAA–2021–1066; Project Identifier AD– 2021–01189–R. (a) Effective Date This airworthiness directive (AD) is effective December 28, 2021. (b) Affected ADs None. (c) Applicability This AD applies to Bell Textron Canada Limited Model 505 helicopters, serial numbers 65011 through 65234 inclusive, 65236 through 65348 inclusive, 65350, and 65352 through 65359 inclusive, with an S– TEC Corporation HeliSAS stability augmentation system and autopilot installed under Supplemental Type Certificate SR09758DS. (d) Subject Joint Aircraft System Component (JASC) Code 6720, Tail Rotor Control System. (e) Unsafe Condition This AD was prompted by a report of chafing of the right forward tail rotor (T/R) control cable caused by contact with an autopilot yaw servo bracket. The FAA is issuing this AD to detect and prevent chafing of the T/R control cable. The unsafe condition, if not addressed, could result in failure of the right forward T/R control cable, loss of T/R control, and subsequent loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Within 25 hours time-in-service or 30 days, whichever occurs first after the effective date of this AD, accomplish the following: (1) Using a flashlight, visually inspect the right forward T/R control cable assembly part number M207–20M489–041 in the area of the roller bracket assembly for signs of chafing. Move the T/R pedals through the full range of motion and inspect the T/R control cable for chafing. If there is any chafing, before further flight, remove cable assembly part number M207–20M489–041 from service. (2) Measure the clearance between the right forward T/R control cable and the roller bracket cut out as shown in Figure 1 of Bell Alert Service Bulletin 505–21–27, dated October 7, 2021. If the clearance is less than 0.3 ″ (7.6 mm), before further flight, adjust the height of the roller bracket assembly position until the clearance is a minimum of 0.3 ″ (7.6 mm). (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, DSCO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 VerDate Sep<11>2014 15:56 Dec 10, 2021 Jkt 256001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1 khammond on DSKJM1Z7X2PROD with RULES

70728 Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations 1 We also use the listings in the sequential evaluation processes we use to determine whether a beneficiary’s disability continues. See 20 CFR 404.1594, 416.994, and 416.994a. 2 We last extended the expiration dates of the four body system listings affected by this final rule on November 26, 2019 (84 FR 64993). We published a Noticed of Proposed Rulemaking (NPRM) revising the medical criteria for evaluating Digestive Disorders and Skin Disorders on July 25, 2019 (84 FR 35936). 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 certification office, send it to the attention of the person identified in paragraph (i) of this AD. Information may be emailed to: 9-ASW-190- COS@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 For more information about this AD, contact Hye Yoon Jang, Aerospace Engineer, Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5190; email hye.yoon.jang@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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 the AD specifies otherwise. (i) Bell Alert Service Bulletin 505–21–27, dated October 7, 2021. (ii) [Reserved] (3) For Bell service information identified in this AD, contact Bell Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J 1R4, Canada; telephone 1–450– 437–2862 or 1–800–363–8023; fax 1–450– 433–0272; email productsupport@ bellflight.com; or at https:// www.bellflight.com/support/contact-support. (4) You may view this service information at 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. (5) You may view this service information 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/ ibr-locations.html. Issued on December 6, 2021. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–27008 Filed 12–9–21; 4:15 pm] BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA–2021–0043] RIN 0960–AI65 Extension of Expiration Dates for Four Body System Listings AGENCY : Social Security Administration. ACTION : Final rule. SUMMARY : We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Cardiovascular System, Digestive System, Skin Disorders, and Immune System Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews. DATES : This final rule is effective on December 13, 2021. FOR FURTHER INFORMATION CONTACT : Michael J. Goldstein, Office of Medical Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213, or TTY 1– 800–325–0778, or visit our internet site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION : Background We use the listings in appendix 1 to subpart P of part 404 of 20 CFR at the third step of the sequential evaluation process to evaluate claims filed by adults and children for benefits based on disability under the title II and title XVI programs. 1 20 CFR 404.1520(d), 416.920(d), 416.924(d). The listings are in two parts: Part A has listings criteria for adults and Part B has listings criteria for children. If you are age 18 or over, we apply the listings criteria in Part A when we assess your impairment or combination of impairments. If you are under age 18, we first use the criteria in Part B of the listings when we assess your impairment(s). If the criteria in Part B do not apply, we may use the criteria in Part A when those criteria consider the effects of your impairment(s). 20 CFR 404.1525(b), 416.925(b). Explanation of Changes In this final rule, we are extending the dates on which the listings for the following four body systems will no longer be effective as set out in the following chart: Body system listings Current expiration date New expiration date Cardiovascular System 4.00 and 104.00 .......................................................... February 4, 2022 ................................ February 6, 2026. Digestive System 5.00 and 105.00 ................................................................... February 4, 2022 ................................ February 6, 2026. Skin Disorders 8.00 and 108.00 ........................................................................ February 4, 2022 ................................ February 6, 2026. Immune System Disorders 14.00 and 114.00 ................................................... February 4, 2022 ................................ February 6, 2026. We continue to revise and update the listings on a regular basis, including those body systems not affected by this final rule. 2 We intend to update the four listings affected by this final rule as necessary based on medical advances as quickly as possible, but may not be able to publish final rules revising these listings by the current expiration date. Therefore, we are extending the expiration dates listed above. Regulatory Procedures Justification for Final Rule We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 in promulgating regulations. Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). Generally, the APA requires that an agency provides prior notice and opportunity for public comment before issuing a final regulation. The APA provides exceptions to the notice-and-comment requirements when an agency finds there is good cause for dispensing with such procedures because they are VerDate Sep<11>2014 15:56 Dec 10, 2021 Jkt 256001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1 khammond on DSKJM1Z7X2PROD with RULES