Airworthiness Directives; Airbus SAS Airplanes, 54046-54048 [2019-21878]
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54046
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules
You may submit comments
by any of the following methods:
• FDIC Website: https://
www.fdic.gov/regulations/laws/federal/.
Follow instructions for submitting
comments on the agency website.
• Email: Comments@fdic.gov. Include
RIN 3064–AF13 on the subject line of
the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
• Hand Delivery to FDIC: Comments
may be hand-delivered to the guard
station at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7 a.m. and 5 p.m.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please include your name, affiliation,
address, email address, and telephone
number(s) in your comment. All
statements received, including
attachments and other supporting
materials, are part of the public record
and are subject to public disclosure.
You should submit only information
that you wish to make publicly
available.
Public Inspection: All comments
received will be posted generally
without change to https://www.fdic.gov/
regulations/laws/federal/, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Ryan T. Singer, Chief, Regulatory
Analysis Section, Division of Insurance
and Research, (202) 898–7352, rsinger@
fdic.gov; Jennifer M. Jones, Counsel,
Legal Division, (202) 898–6768,
jennjones@fdic.gov.
SUPPLEMENTARY INFORMATION: On
October 2, 2019, the FDIC issued a
notice of proposed rulemaking with
request for comments on a proposal that
would rescind and remove from the
Code of Federal Regulations 12 CFR part
390, subpart R, entitled Regulatory
Reporting Standards (part 390, subpart
R). (See 84 FR 52387 (October 2, 2019).)
The FDIC is supplementing that notice
of proposed rulemaking with an
updated regulatory flexibility analysis to
reflect a few typographical changes.
khammond on DSKJM1Z7X2PROD with PROPOSALS
ADDRESSES:
Updated Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
requires that, in connection with a
notice of proposed rulemaking, an
agency prepare and make available for
public comment an initial regulatory
flexibility analysis that describes the
impact of the proposed rule on small
entities.1 However, a regulatory
flexibility analysis is not required if the
15
U.S.C. 601, et seq.
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16:30 Oct 08, 2019
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agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities,
and publishes its certification and a
short explanatory statement in the
Federal Register together with the rule.
The Small Business Administration
(SBA) has defined ‘‘small entities’’ to
include banking organizations with total
assets of less than or equal to $600
million.2 Generally, the FDIC considers
a significant effect to be a quantified
effect in excess of 5 percent of total
annual salaries and benefits per
institution, or 2.5 percent of total noninterest expenses. The FDIC believes
that effects in excess of these thresholds
typically represent significant effects for
FDIC-supervised institutions. For the
reasons provided below, the FDIC
certifies that the proposed rule, if
adopted in final form, would not have
a significant economic impact on a
substantial number of small banking
organizations. Accordingly, a regulatory
flexibility analysis is not required.
As of March 31, 2019,3 the FDIC
supervised 3,465 insured financial
institutions, of which 2,705 are
considered small banking organizations
for the purposes of RFA. The proposed
rule primarily affects regulations that
govern State savings associations. There
are 36 State savings associations
considered to be small banking
organizations for the purposes of the
RFA.4
As explained previously, the
proposed rule would remove sections
390.320, 390.321 and 390.332 of part
390, subpart R because these sections
are redundant or otherwise unnecessary
in light of applicable statutes and other
FDIC regulations. As a result, rescinding
the regulations would not have any
substantive effects on small FDICsupervised institutions.
Based on the information above, the
FDIC certifies that the proposed rule
would not have a significant economic
2 The SBA defines a small banking organization
as having $600 million or less in assets, where an
organization’s ‘‘assets are determined by averaging
the assets reported on its four quarterly financial
statements for the preceding year.’’ See 13 CFR
121.201 (as amended, by 84 FR 34261, effective
August 19, 2019). In its determination, ‘‘SBA counts
the receipts, employees, or other measure of size of
the concern whose size is at issue and all of its
domestic and foreign affiliates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
a covered entity’s affiliated and acquired assets,
averaged over the preceding four quarters, to
determine whether the covered entity is ‘‘small’’ for
the purposes of the RFA.
3 March 31, 2019, is the most recent period for
which the FDIC’s ‘‘small entity’’ designations for
depository institutions are available.
4 Based on data from the March 31, 2019, Call
Report and FFIEC 002 Report of Assets and
Liabilities of U.S. Branches and Agencies of Foreign
Bank.
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Frm 00003
Fmt 4702
Sfmt 4702
impact on a substantial number of small
entities. The FDIC invites comments on
all aspects of the supporting information
provided in this RFA section. In
particular, would this rule have any
significant effects on small entities that
the FDIC has not identified?
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on October 3,
2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019–21966 Filed 10–8–19; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0713; Product
Identifier 2019–NM–116–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–941 airplanes.
This proposed AD was prompted by
reports indicating premature aging of
certain chemical oxygen generators.
This proposed AD would require
repetitively removing the affected
chemical oxygen generators and
replacing them with serviceable parts,
as specified in a European Union
Aviation Safety Agency (EASA) AD,
which will be incorporated by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by November 25,
2019.
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
DATES:
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Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards 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 on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0713.
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–2019–
0713; 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
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0713; Product
Identifier 2019–NM–116–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0140, dated June 12, 2019 (‘‘EASA
AD 2019–0140’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus SAS
Model A330–941 airplanes. The MCAI
states:
Reports have been received indicating
premature aging of affected parts.
This condition, if not corrected, could lead
to failure of the generator to activate and
consequently not deliver oxygen during an
emergency, possibly resulting in injury to
aeroplane occupants.
To address this unsafe condition, Airbus
issued the MRBR [Maintenance Review
Board Report] tasks to provide the necessary
replacement instructions.
For the reasons described above, this
[EASA] AD requires removal from service of
each affected part before exceeding 10 years
since its date of manufacture.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0140 describes
procedures for repetitively removing the
affected chemical oxygen generators and
replacing them with serviceable parts.
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 and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
54047
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0140 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA worked with Airbus
and EASA to develop a process to use
certain EASA ADs as the primary source
of information for compliance with
requirements for corresponding FAA
ADs. As a result, EASA AD 2019–0140
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with EASA AD 2019–0140 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 the EASA AD 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 the EASA AD. Service
information specified in EASA AD
2019–0140 that is required for
compliance with EASA AD 2019–0140
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0713 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 2 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
3 work-hours × $85 per hour = $255 ..........................................................................................
$390
$645
$1,290
* Costs given are for replacement of one chemical oxygen generator for each repetitive replacement. The number of affected generators depends on airplane configuration and cannot be estimated properly.
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16:30 Oct 08, 2019
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54048
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules
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.
This proposed 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 and associated
appliances to the Director of the System
Oversight Division.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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) Will not affect intrastate aviation
in Alaska, and
(3) 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.
VerDate Sep<11>2014
16:30 Oct 08, 2019
Jkt 250001
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 adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2019–0713;
Product Identifier 2019–NM–116–AD.
(a) Comments Due Date
The FAA must receive comments by
November 25, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A330–941 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports
indicating premature aging of certain
chemical oxygen generators. The FAA is
issuing this AD to address premature aging
of chemical oxygen generators. This
condition, if not corrected, could lead to the
generator failing to deliver oxygen during an
emergency, possibly resulting in injury to
airplane occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0140, dated
June 12, 2019 (‘‘EASA AD 2019–0140’’).
(h) Exceptions to EASA AD 2019–0140
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0140 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0140 does not apply to this AD.
(i) 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,
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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 (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 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.
(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, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0140 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2019–
0140, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; 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. You may view this EASA
AD at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2019–0140 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0713.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3229.
Issued in Des Moines, Washington, on
September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–21878 Filed 10–8–19; 8:45 am]
BILLING CODE 4910–13–P
E:\FR\FM\09OCP1.SGM
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Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Proposed Rules]
[Pages 54046-54048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21878]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0713; Product Identifier 2019-NM-116-AD]
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 adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-941 airplanes. This proposed AD was
prompted by reports indicating premature aging of certain chemical
oxygen generators. This proposed AD would require repetitively removing
the affected chemical oxygen generators and replacing them with
serviceable parts, as specified in a European Union Aviation Safety
Agency (EASA) AD, which will be incorporated 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 November
25, 2019.
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
[[Page 54047]]
p.m., Monday through Friday, except Federal holidays.
For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards 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 on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0713.
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-2019-
0713; 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 regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.
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 the ADDRESSES section. Include ``Docket No. FAA-2019-0713;
Product Identifier 2019-NM-116-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0140, dated June 12, 2019
(``EASA AD 2019-0140'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-941 airplanes. The MCAI states:
Reports have been received indicating premature aging of
affected parts.
This condition, if not corrected, could lead to failure of the
generator to activate and consequently not deliver oxygen during an
emergency, possibly resulting in injury to aeroplane occupants.
To address this unsafe condition, Airbus issued the MRBR
[Maintenance Review Board Report] tasks to provide the necessary
replacement instructions.
For the reasons described above, this [EASA] AD requires removal
from service of each affected part before exceeding 10 years since
its date of manufacture.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0140 describes procedures for repetitively removing
the affected chemical oxygen generators and replacing them with
serviceable parts. 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 and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0140 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0140 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2019-0140 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 the EASA AD 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 the EASA AD. Service
information specified in EASA AD 2019-0140 that is required for
compliance with EASA AD 2019-0140 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0713 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 2 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................... $390 $645 $1,290
----------------------------------------------------------------------------------------------------------------
* Costs given are for replacement of one chemical oxygen generator for each repetitive replacement. The number
of affected generators depends on airplane configuration and cannot be estimated properly.
[[Page 54048]]
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.
This proposed 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 and associated appliances to the
Director of the System Oversight Division.
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) Will not affect intrastate aviation in Alaska, and
(3) 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.
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
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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]
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2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA-2019-0713; Product Identifier 2019-NM-
116-AD.
(a) Comments Due Date
The FAA must receive comments by November 25, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A330-941 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports indicating premature aging of
certain chemical oxygen generators. The FAA is issuing this AD to
address premature aging of chemical oxygen generators. This
condition, if not corrected, could lead to the generator failing to
deliver oxygen during an emergency, possibly resulting in injury to
airplane occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0140, dated June 12, 2019 (``EASA AD 2019-0140'').
(h) Exceptions to EASA AD 2019-0140
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0140 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0140 does not apply
to this AD.
(i) 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 (j)(2) of this AD. Information
may be emailed to: [email protected]. 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.
(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, International
Section, Transport Standards 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.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0140 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2019-0140, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0140 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0713.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3229.
Issued in Des Moines, Washington, on September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21878 Filed 10-8-19; 8:45 am]
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