Airworthiness Directives; Airbus Airplanes, 2042-2045 [2018-00110]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
(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, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on January 8,
2018.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018–00478 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0514; Product
Identifier 2016–NM–206–AD; Amendment
39–19148; AD 2018–01–07]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Airbus Model A300 B4–600, B4–600R,
and F4–600R series airplanes, and
Model A300 C4–605R Variant F
airplanes (collectively called Model
A300–600 series airplanes) airplanes.
This AD was prompted by a revision of
certain airworthiness limitation item
(ALI) documents, which require more
restrictive maintenance requirements
and airworthiness limitations. This AD
requires revising the maintenance or
inspection program, as applicable, to
incorporate new maintenance
requirements and airworthiness
limitations. We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective February 20,
2018.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 20, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Airbus SAS, Airworthiness Office—
EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone
+33 5 61 93 36 96; fax +33 5 61 93 44
51; email account.airworth-eas@
airbus.com; internet https://
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DATES:
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www.airbus.com. You may view this
referenced service information at the
FAA, Transport Standards Branch, 1601
Lind Avenue SW, Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0514.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0514; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057–3356;
telephone 425–227–2125; fax 425–227–
1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus Model A300 B4–600,
B4–600R, and F4–600R series airplanes,
and Model A300 C4–605R Variant F
airplanes (collectively called Model
A300–600 series airplanes). The NPRM
published in the Federal Register on
June 2, 2017 (82 FR 25552) (‘‘the
NPRM’’).
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0218,
dated November 2, 2016 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus Model A300 B4–600, B4–
600R, and F4–600R series airplanes, and
Model A300 C4–605R Variant F
airplanes (collectively called Model
A300–600 series airplanes). The MCAI
states:
The airworthiness limitations for Airbus
A300–600 aeroplanes, which are approved by
EASA, are currently defined and published
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in the Airbus A300–600 Airworthiness
Limitations Section (ALS) document(s).
These instructions have been identified as
mandatory actions for continued
airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition.
EASA previously issued [EASA] AD 2014–
0124 (later revised) [which includes actions
for Airbus A300–600 airplanes; those actions
are included in FAA AD 2013–13–13,
Amendment 39–17501 (79 FR 48957, August
19, 2014) (‘‘AD 2013–13–13’’)], requiring the
actions described in Airbus A300–600
Airworthiness Limitation Item (ALI)
Document at issue 13 and Temporary
Revision (TR) 13.1.
Since EASA AD 2014–0124R1 was issued,
Airbus replaced A300–600 ALI Document
issue 13, with A300–600 ALS Part 2 Revision
01 and then published the A300–600 ALS
Part 2 Variation 1.1 and Variation 1.2, to
introduce more restrictive maintenance
requirements and/or airworthiness
limitations.
A300–600 ALS Part 2 Variation 1.1 also
includes ALI 571067 and ALI 571068,
superseding Service Bulletin A300–53–6154,
which is referenced in EASA AD 2006–0257
[which corresponds to FAA AD 2007–22–05,
Amendment 39–15241 (72 FR 60236, October
24, 2007) (‘‘AD 2007–22–05’’)].
For the reasons described above, this
[EASA] AD retains part of the requirements
of EASA AD 2014–0124R1, which will be
superseded, and requires accomplishment of
the actions specified in Airbus A300–600
ALS Part 2 Revision 01, and ALS Part 2
Variation 1.1 and ALS Part 2 Variation 1.2
(hereafter collectively referred to as ‘the ALS’
in this [EASA] AD), and supersedes EASA
AD 2006–0257. The remaining requirements
of EASA AD 2014–0124R1 are retained in AD
2016–0217, applicable to A310 aeroplanes,
published at the same time as this [EASA]
AD.
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0514.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response. FedEx generally supported the
NPRM.
Request To Provide an Additional
Compliance Time Grace Period
United Parcel Service (UPS) requested
that the compliance time specified in
paragraph (g) of the NPRM be revised to
add an additional grace period. UPS
pointed out that there are several new
or revised tasks with relatively low
compliance time thresholds that would
lead to short lead times on
accomplishing those tasks after the
effective date of the AD. UPS referenced
the compliance time required in AD
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
2013–13–13 as an example of the type
of grace period it envisions, which
specifies that a compliance time, in
flight cycles (FC), that is after the
publication date of the applicable
service information should be
considered as after the effective date of
that AD. UPS suggested that where the
compliance time in Airbus A300–600
Airworthiness Limitations Section
(ALS), Part 2, ‘‘Damage Tolerant
Airworthiness Limitation Items (DT—
ALI),’’ Revision 01, dated August 7,
2015, specifies ‘‘within 2000 FC from
Jun 11/15,’’ the proposed AD should
specify that phrase as ‘‘within 2000 FC
from the effective date of this AD.’’ UPS
anticipated submitting a request for an
alternative method of compliance
(AMOC) if the additional grace period is
not added.
We do not agree with the commenter’s
request to add an additional grace
period. We have reviewed the
compliance times specified in the
service information and have
determined that the compliance times
specified and grace periods provided in
both the service information and in
paragraph (g) of this AD are sufficient to
allow compliance. However, under the
provisions of paragraph (j)(1) of this AD,
we will also consider requests for
approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the new
compliance time would provide an
acceptable level of safety. We have not
changed the AD in this regard.
Request To Allow AMOCs Previously
Approved for AD 2013–13–13
FedEx requested that AMOCs for AD
2013–13–13 be applicable to this AD.
No further justification was provided.
We agree to allow AMOCs that were
previously approved for AD 2013–13–13
as AMOCs for this AD. We have revised
paragraph (j)(1) of this AD and added
paragraphs (j)(1)(i) and (j)(1)(ii) to this
AD to add that provision.
Request To Revise Cost Estimate
FedEx requested that the cost
information be revised to include the
costs of additional actions such as AD
tracking and planning, changing work
cards and the maintenance program,
getting local FAA approvals, and aircraft
down time. FedEx proposed that the
cost for U.S. operators would exceed
$500,000.
We agree to revise the cost
information. Based on the information
provided by FedEx, we have revised the
estimated work-hours from 1 work-hour
to 90 work-hours. We recognize that
revising the maintenance or inspection
program to incorporate changes in
multiple tasks or a new revision level of
a section of an ALS document would
take more time than a change in a single
task. The cost analysis in AD
rulemaking actions, however, typically
does not include incidental costs such
as the time necessary for planning or
time necessitated by other
administrative actions. Those incidental
costs, which might vary significantly
among operators, are almost impossible
to calculate.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
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• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Related Service Information Under 1
CFR Part 51
We reviewed the following service
information:
• Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2,
‘‘Damage Tolerant Airworthiness
Limitation Items (DT—ALI),’’ Revision
01, dated August 7, 2015.
• Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2,
‘‘Damage Tolerant Airworthiness
Limitation Items (DT—ALI),’’ Variation
1.1, dated January 25, 2016.
• Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2,
‘‘Damage Tolerant Airworthiness
Limitation Items (DT—ALI),’’ Variation
1.2, dated July 22, 2016.
The service information describes
airworthiness limitations applicable to
the DT ALIs. These documents are
distinct because they contain unique
tasks. 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 the
ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 128
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Cost per
product
Action
Labor cost
Parts cost
Maintenance program revision ...................
90 work-hours × $85 per hour = $7,650 ..
None ........................
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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.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
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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.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
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$7,650
Cost on
U.S. operators
$979,200
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
Regulatory Findings
We determined that this AD will not
have federalism implications under
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
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;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will 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.
Adoption of 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 (AD):
■
2018–01–07 Airbus: Amendment 39–19148;
Docket No. FAA–2017–0514; Product
Identifier 2016–NM–206–AD.
(a) Effective Date
This AD is effective February 20, 2018.
(b) Affected ADs
This AD affects AD 2007–22–05,
Amendment 39–15241 (72 FR 60236, October
24, 2007) (‘‘AD 2007–22–05’’) and AD 2013–
13–13, Amendment 39–17501 (79 FR 48957,
August 19, 2014) (‘‘AD 2013–13–13’’).
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(c) Applicability
This AD applies to all Airbus Model A300
B4–601, B4–603, B4–620, B4–622, B4–605R,
B4–622R, F4–605R, F4–622R, and C4–605R
Variant F airplanes, certificated in any
category, all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time limits/maintenance
checks.
(e) Reason
This AD was prompted by a revision of
certain airworthiness limitation item (ALI)
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documents, which require more restrictive
maintenance requirements and airworthiness
limitations. We are issuing this AD to prevent
fatigue cracking, damage, or corrosion in
principal structural elements, which could
result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Maintenance or Inspection
Program
Within 3 months after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate the
information specified in the service
information identified in paragraphs (g)(1),
(g)(2), and (g)(3) of this AD. The initial
compliance times for doing the tasks are at
the time specified in the service information
identified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD, or within 3 months after the
effective date of this AD, whichever occurs
later.
(1) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Revision 01, dated August 7,
2015.
(2) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Variation 1.1, dated January 25,
2016.
(3) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Variation 1.2, dated July 22,
2016.
(h) No Alternative Actions or Intervals
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 (j)(1) of
this AD.
(i) Terminating Actions
Accomplishing the actions required by this
AD terminates all of the requirements of AD
2007–22–05 and AD 2013–13–13 for that
airplane only.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (l)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
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(i) 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.
(ii) AMOCs approved previously for AD
2013–13–13 are approved as AMOCs for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2016–0218, dated
November 2, 2016, for related information.
This MCAI may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2017–0514.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW,
Renton, WA 98057–3356; telephone 425–
227–2125; fax 425–227–1149.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 this AD specifies otherwise.
(i) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Revision 01, dated August 7,
2015.
(ii) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Variation 1.1, dated January 25,
2016.
(iii) Airbus A300–600 Airworthiness
Limitations Section (ALS), Part 2, ‘‘Damage
Tolerant Airworthiness Limitation Items
(DT—ALI),’’ Variation 1.2, dated July 22,
2016.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://www.airbus.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW, Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
December 27, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–00110 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–13–P
These adjustments are required by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
Effective: This final rule is
effective January 15, 2018.
DATES:
FOR FURTHER INFORMATION CONTACT:
Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters,
telephone (202) 358–0216.
SUPPLEMENTARY INFORMATION:
I. Background
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
[Document Number NASA–17–094: Docket
Number–NASA–2017–0004]
RIN 2700–AE30
Implementation of the Federal Civil
Penalties Inflation Adjustment Act and
Adjustment of Amounts for 2018
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
The National Aeronautics and
Space Administration (NASA) has
adopted a final rule making inflation
adjustments to civil monetary penalties
within its jurisdiction. This final rule
represents the annual 2018 inflation
adjustments of monetary penalties.
SUMMARY:
The Inflation Adjustment Act, as
amended by the 2015 Act, required
Federal agencies to adjust the civil
penalty amounts within their
jurisdiction for inflation by July 1, 2016.
Subsequent to the 2016 adjustment,
Federal agencies were required to make
an annual inflation adjustment by
January 15 every year thereafter.1
Agencies were required to make the
initial 2016 adjustments through an
interim final rulemaking published in
the Federal Register.2 Under the
amended Act, any increase in a civil
penalty made under the Act will apply
to penalties assessed after the increase
takes effect, including penalties whose
associated violation predated the
increase.3 The inflation adjustments
mandated by the Act serve to maintain
the deterrent effect of civil penalties and
to promote compliance with the law.
2045
On June 26, 2017, NASA published its
interim final rule providing for the
initial adjustment called for under the
Act.4 The public comment period
interim final rule closed on August 24,
2016, and the rule became effective on
August 25, 2017. On October 20, 2017,
NASA adopted this interim rule as
final.5 In its final rule, NASA also
amended the interim rule to incorporate
the required annual adjustments for
2017.
Pursuant to the Act, adjustments to
the civil penalties are required to be
made by January 15 of each year. The
annual adjustments are based on the
percent change between the U.S.
Department of Labor’s Consumer Price
Index for All Urban Consumers (‘‘CPI–
U’’) for the month of October preceding
the date of the adjustment, and the CPI–
U for October of the prior year (28
U.S.C. 2461 note, section (5)(b)(1)).
Based on that formula, the cost-of-living
adjustment multiplier for 2018 is
1.02041 percent. Pursuant to the 2015
Act, adjustments are rounded to the
nearest dollar.
II. The Final Rule
This final rule makes the required
adjustments to civil penalties for 2018.
Applying the 2018 multiplier above, the
adjustments for each penalty are
summarized below.
Penalty description
Program Fraud Civil Remedies Act of 1986 ................
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Maximum Penalties for False Claims ...........................
Minimum Penalty for use of appropriated funds to
lobby or influence certain contracts.
$10,957
19,246
$11,181
19,639
Maximum Penalty for use of appropriated funds to
lobby or influence certain contracts.
192,459
196,387
Minimum penalty for failure to report certain lobbying
transactions.
19,246
19,639
Maximum penalty for failure to report certain lobbying
transactions.
192,459
196,387
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This rule codifies these civil penalty
amounts by amending parts 1264 and
1271 of title 14 of the CFR.
1 See
28 U.S.C. 2461 note.
statute also provides that, for the initial
2016 adjustment, an agency may adjust a civil
penalty by less than the otherwise required amount
if (1) it determines, after publishing a notice of
proposed rulemaking and providing an opportunity
for comment, that increasing the civil penalty by
the otherwise required amount would have a
negative economic impact or that the social costs
2 The
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III. Legal Authority and Effective Date
NASA issues this rule under the
Federal Civil Penalties Inflation
Adjustment Act of 1990,6 as amended
by the Debt Collection Improvement Act
of increasing the civil penalty by the otherwise
required amount outweigh the benefits, and (2) the
Director of the Office of Management and Budget
concurs with that determination. Inflation
Adjustment Act section 4(c), codified at 28 UUSC
2461 note. NASA has chosen not to make use of this
exception.
3 Inflation Adjustment Act section 6, codified at
28 U.S.C. 2461 note.
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2017 penalty
Penalty
adjusted
for 2018
Law
of 1996,7 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015,8 which requires NASA to adjust
the civil penalties within its jurisdiction
4 82
FR 28760.
FR 48760.
6 Public Law 101–410, 104 Stat. 890 (1990).
7 Public Law 104–134, section 31001(s)(1), 110
Stat. 1321, 1321–373 (1996).
8 Public Law 114–74, section 701, 129 Stat. 584,
599 (2015).
5 82
E:\FR\FM\16JAR1.SGM
16JAR1
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2042-2045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00110]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0514; Product Identifier 2016-NM-206-AD; Amendment
39-19148; AD 2018-01-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes) airplanes. This AD was prompted by a revision of
certain airworthiness limitation item (ALI) documents, which require
more restrictive maintenance requirements and airworthiness
limitations. This AD requires revising the maintenance or inspection
program, as applicable, to incorporate new maintenance requirements and
airworthiness limitations. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 20, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 20,
2018.
ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
https://www.airbus.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-
1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A300 B4-
600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R
Variant F airplanes (collectively called Model A300-600 series
airplanes). The NPRM published in the Federal Register on June 2, 2017
(82 FR 25552) (``the NPRM'').
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0218, dated November 2, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A300 B4-600, B4-600R,
and F4-600R series airplanes, and Model A300 C4-605R Variant F
airplanes (collectively called Model A300-600 series airplanes). The
MCAI states:
The airworthiness limitations for Airbus A300-600 aeroplanes,
which are approved by EASA, are currently defined and published in
the Airbus A300-600 Airworthiness Limitations Section (ALS)
document(s). These instructions have been identified as mandatory
actions for continued airworthiness.
Failure to accomplish these instructions could result in an
unsafe condition.
EASA previously issued [EASA] AD 2014-0124 (later revised)
[which includes actions for Airbus A300-600 airplanes; those actions
are included in FAA AD 2013-13-13, Amendment 39-17501 (79 FR 48957,
August 19, 2014) (``AD 2013-13-13'')], requiring the actions
described in Airbus A300-600 Airworthiness Limitation Item (ALI)
Document at issue 13 and Temporary Revision (TR) 13.1.
Since EASA AD 2014-0124R1 was issued, Airbus replaced A300-600
ALI Document issue 13, with A300-600 ALS Part 2 Revision 01 and then
published the A300-600 ALS Part 2 Variation 1.1 and Variation 1.2,
to introduce more restrictive maintenance requirements and/or
airworthiness limitations.
A300-600 ALS Part 2 Variation 1.1 also includes ALI 571067 and
ALI 571068, superseding Service Bulletin A300-53-6154, which is
referenced in EASA AD 2006-0257 [which corresponds to FAA AD 2007-
22-05, Amendment 39-15241 (72 FR 60236, October 24, 2007) (``AD
2007-22-05'')].
For the reasons described above, this [EASA] AD retains part of
the requirements of EASA AD 2014-0124R1, which will be superseded,
and requires accomplishment of the actions specified in Airbus A300-
600 ALS Part 2 Revision 01, and ALS Part 2 Variation 1.1 and ALS
Part 2 Variation 1.2 (hereafter collectively referred to as `the
ALS' in this [EASA] AD), and supersedes EASA AD 2006-0257. The
remaining requirements of EASA AD 2014-0124R1 are retained in AD
2016-0217, applicable to A310 aeroplanes, published at the same time
as this [EASA] AD.
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0514.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response. FedEx generally supported the NPRM.
Request To Provide an Additional Compliance Time Grace Period
United Parcel Service (UPS) requested that the compliance time
specified in paragraph (g) of the NPRM be revised to add an additional
grace period. UPS pointed out that there are several new or revised
tasks with relatively low compliance time thresholds that would lead to
short lead times on accomplishing those tasks after the effective date
of the AD. UPS referenced the compliance time required in AD
[[Page 2043]]
2013-13-13 as an example of the type of grace period it envisions,
which specifies that a compliance time, in flight cycles (FC), that is
after the publication date of the applicable service information should
be considered as after the effective date of that AD. UPS suggested
that where the compliance time in Airbus A300-600 Airworthiness
Limitations Section (ALS), Part 2, ``Damage Tolerant Airworthiness
Limitation Items (DT--ALI),'' Revision 01, dated August 7, 2015,
specifies ``within 2000 FC from Jun 11/15,'' the proposed AD should
specify that phrase as ``within 2000 FC from the effective date of this
AD.'' UPS anticipated submitting a request for an alternative method of
compliance (AMOC) if the additional grace period is not added.
We do not agree with the commenter's request to add an additional
grace period. We have reviewed the compliance times specified in the
service information and have determined that the compliance times
specified and grace periods provided in both the service information
and in paragraph (g) of this AD are sufficient to allow compliance.
However, under the provisions of paragraph (j)(1) of this AD, we will
also consider requests for approval of an extension of the compliance
time if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety. We have
not changed the AD in this regard.
Request To Allow AMOCs Previously Approved for AD 2013-13-13
FedEx requested that AMOCs for AD 2013-13-13 be applicable to this
AD. No further justification was provided.
We agree to allow AMOCs that were previously approved for AD 2013-
13-13 as AMOCs for this AD. We have revised paragraph (j)(1) of this AD
and added paragraphs (j)(1)(i) and (j)(1)(ii) to this AD to add that
provision.
Request To Revise Cost Estimate
FedEx requested that the cost information be revised to include the
costs of additional actions such as AD tracking and planning, changing
work cards and the maintenance program, getting local FAA approvals,
and aircraft down time. FedEx proposed that the cost for U.S. operators
would exceed $500,000.
We agree to revise the cost information. Based on the information
provided by FedEx, we have revised the estimated work-hours from 1
work-hour to 90 work-hours. We recognize that revising the maintenance
or inspection program to incorporate changes in multiple tasks or a new
revision level of a section of an ALS document would take more time
than a change in a single task. The cost analysis in AD rulemaking
actions, however, typically does not include incidental costs such as
the time necessary for planning or time necessitated by other
administrative actions. Those incidental costs, which might vary
significantly among operators, are almost impossible to calculate.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed the following service information:
Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),''
Revision 01, dated August 7, 2015.
Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),''
Variation 1.1, dated January 25, 2016.
Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--ALI),''
Variation 1.2, dated July 22, 2016.
The service information describes airworthiness limitations
applicable to the DT ALIs. These documents are distinct because they
contain unique tasks. 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 the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 128 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision..... 90 work-hours x $85 per None............... $7,650 $979,200
hour = $7,650.
----------------------------------------------------------------------------------------------------------------
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.
We are 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications
under
[[Page 2044]]
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;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will 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.
Adoption of 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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2018-01-07 Airbus: Amendment 39-19148; Docket No. FAA-2017-0514;
Product Identifier 2016-NM-206-AD.
(a) Effective Date
This AD is effective February 20, 2018.
(b) Affected ADs
This AD affects AD 2007-22-05, Amendment 39-15241 (72 FR 60236,
October 24, 2007) (``AD 2007-22-05'') and AD 2013-13-13, Amendment
39-17501 (79 FR 48957, August 19, 2014) (``AD 2013-13-13'').
(c) Applicability
This AD applies to all Airbus Model A300 B4-601, B4-603, B4-620,
B4-622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes, certificated in any category, all manufacturer serial
numbers.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.
(e) Reason
This AD was prompted by a revision of certain airworthiness
limitation item (ALI) documents, which require more restrictive
maintenance requirements and airworthiness limitations. We are
issuing this AD to prevent fatigue cracking, damage, or corrosion in
principal structural elements, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Maintenance or Inspection Program
Within 3 months after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in the service information identified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD. The initial
compliance times for doing the tasks are at the time specified in
the service information identified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD, or within 3 months after the effective date of
this AD, whichever occurs later.
(1) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Revision 01, dated August 7, 2015.
(2) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.1, dated January 25, 2016.
(3) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.2, dated July 22, 2016.
(h) No Alternative Actions or Intervals
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
(j)(1) of this AD.
(i) Terminating Actions
Accomplishing the actions required by this AD terminates all of
the requirements of AD 2007-22-05 and AD 2013-13-13 for that
airplane only.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to: [email protected].
(i) 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.
(ii) AMOCs approved previously for AD 2013-13-13 are approved as
AMOCs for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0218, dated November 2,
2016, for related information. This MCAI may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0514.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone
425-227-2125; fax 425-227-1149.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 this AD specifies otherwise.
(i) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Revision 01, dated August 7, 2015.
(ii) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.1, dated January 25, 2016.
(iii) Airbus A300-600 Airworthiness Limitations Section (ALS),
Part 2, ``Damage Tolerant Airworthiness Limitation Items (DT--
ALI),'' Variation 1.2, dated July 22, 2016.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email [email protected];
internet https://www.airbus.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on
[[Page 2045]]
the availability of this material at NARA, call 202-741-6030, or go
to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on December 27, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-00110 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-13-P
