Airworthiness Directives; Airbus SAS Airplanes, 54492-54495 [2019-22152]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
(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 Aviation Safety
Agency (EASA) AD 2019–0020, dated
January 31, 2019 (‘‘EASA AD 2019–0020’’).
(h) Exceptions to EASA AD 2019–0020
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0020 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0020 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) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
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
2019–0020 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
For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport
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Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3218.
(k) 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) European Aviation Safety Agency
(EASA) AD 2019–0020, dated January 31,
2019.
(ii) [Reserved]
(3) For EASA AD 2019–0020, contact the
EASA, Konrad-Adenauer-Ufer 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.
(4) You may view this 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. EASA AD 2019–
0020 may be found in the AD docket on the
internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2019–0194.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
September 23, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–22131 Filed 10–9–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0441; Product
Identifier 2019–NM–036–AD; Amendment
39–19753; AD 2019–19–17]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2000–03–
20 R1, which applied to all Airbus SAS
Model A300 B4–601, B4–603, and B4–
620, Model A300 B4–600R series, and
Model A300 F4–605R airplanes. AD
SUMMARY:
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2000–03–20 R1 required repetitive
inspections to detect cracks on the
forward fittings in the radius of a certain
frame, adjacent to the tension bolts in
the center section of the wings, and
various follow-on actions. This AD
retains the requirements of AD 2000–
03–20 R1, adds new airplanes to the
applicability, and introduces new
compliance times for the required
inspections, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is incorporated by reference.
This AD was prompted by reports of
cracking due to fatigue-related stress in
the radius of frame 40, adjacent to the
tension bolts at the center/outer wing
junction. The FAA is issuing this AD to
address the unsafe condition on these
products.
This AD is effective November
14, 2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 14, 2019.
ADDRESSES: For the material
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-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–
0441.
DATES:
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–
0441; 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,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is 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, 2200 South
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216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2000–03–20 R1,
Amendment 39–12298 (66 FR 34530,
June 29, 2001) (‘‘AD 2000–03–20 R1’’).
AD 2000–03–20 R1 applied to all Airbus
SAS Model A300 B4–601, B4–603, and
B4–620, Model A300 B4–600R series,
and Model A300 F4–605R airplanes.
The NPRM published in the Federal
Register on June 17, 2019 (84 FR 27990).
The NPRM was prompted by reports of
cracking due to fatigue-related stress in
the radius of frame 40, adjacent to the
tension bolts at the center/outer wing
junction. The NPRM proposed to
require initial and repetitive ultrasonic
(UT) and high frequency eddy current
(HFEC) inspections and applicable
corrective actions. The FAA is issuing
this AD to address fatigue cracking on
the forward fittings in the radius of
frame 40, adjacent to the tension bolts
in the center section of the wings, which
could result in reduced structural
integrity of the wings.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0044, dated March 7, 2019
(‘‘EASA AD 2019–0044’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A300 B4–
600 series, Model A300 B4–600R series,
Model A300 F4–605R, and Model A300
C4–605R Variant F airplanes. See the
MCAI for additional background
information.
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final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related IBR Material Under 1 CFR Part
51
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA has considered
the comment received. Patrick
Imperatrice indicated support for the
NPRM.
EASA AD 2019–0044 describes
procedures for initial and repetitive UT
and HFEC inspections and applicable
corrective actions. Corrective actions
include reworking the fuselage lateral
panel at frame 40, blending out around
cracks, and repair. 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.
Conclusion
Costs of Compliance
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
The FAA estimates that this AD
affects 65 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
Comment
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Action
Labor cost
Retained actions from AD 2000–03–20 R1 ....
New actions ....................................................
2 work-hours × $85 per hour = $170 .............
161 work-hours × $85 per hour = $13,685 ....
Cost per
product
Parts cost
$0
0
$170
13,685
Cost on U.S.
operators
$11,050
889,525
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the reporting requirement
in this AD. The average labor rate is $85
per hour. Based on these figures, the
FAA estimates the cost of reporting the
inspection results on U.S. operators to
be $5,525, or $85 per product.
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition actions specified in this AD.
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this AD is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to the FAA at 800
Independence Ave. SW, Washington,
DC 20591, ATTN: Information
Collection Clearance Officer, AES–200.
Paperwork Reduction Act
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
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
Compliance section of this document
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Authority for This Rulemaking
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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 and associated appliances to
the Director of the System Oversight
Division.
Regulatory Findings
The FAA has determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
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) 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.
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
removing Airworthiness Directive (AD)
2000–03–20 R1, Amendment 39–12298
(66 FR 34530, June 29, 2001), and
adding the following new AD:
■
2019–19–17 Airbus SAS: Amendment 39–
19753; Docket No. FAA–2019–0441;
Product Identifier 2019–NM–036–AD.
(a) Effective Date
This AD is effective November 14, 2019.
(b) Affected ADs
This AD replaces AD 2000–03–20 R1,
Amendment 39–12298 (66 FR 34530, June
29, 2001) (‘‘AD 2000–03–20 R1’’).
(c) Applicability
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (4) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2019–0044, dated March
7, 2019 (‘‘EASA AD 2019–0044’’).
(1) Model A300 B4–601, B4–603, B4–620,
and B4–622 airplanes.
(2) Model A300 B4–605R and B4–622R
airplanes.
(3) Model A300 F4–605R airplanes.
(4) Model A300 C4–605R Variant F
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
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(e) Reason
This AD was prompted by reports of
cracking due to fatigue-related stress in the
radius of frame 40, adjacent to the tension
bolts at the center/outer wing junction. The
FAA is issuing this AD to address fatigue
cracking on the forward fittings in the radius
of frame 40, adjacent to the tension bolts in
the center section of the wings, which could
result in reduced structural integrity of the
wings.
(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, EASA AD 2019–0044.
(h) Exceptions to EASA AD 2019–0044
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0044 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0044 does not apply to this AD.
(3) Paragraph (5) of EASA AD 2019–0044
specifies to report all inspection results to
Airbus. For this AD, report all inspection
results to Airbus Service Bulletin Reporting
Online Application on Airbus World (https://
w3.airbus.com/) at the applicable time
specified in paragraph (h)(3)(i) or (ii) of this
AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(4) For Model A300 B4–622 and A300 C4–
605R Variant F airplanes: The initial
compliance time for the inspections required
by EASA AD 2019–0044 is at the applicable
time specified in EASA AD 2019–0044, or
within 12 months after the effective date of
this AD, whichever occurs later.
(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) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
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
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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
2019–0044 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.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW, Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(j) Related Information
For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3225.
(k) 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.
(3) The following service information was
approved for IBR on November 14, 2019.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0044, dated March 7, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019–
0044, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
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.
(5) You may view this 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. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0441.
(6) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–22152 Filed 10–9–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
31 CFR Part 1010
Financial Crimes Enforcement
Network; Inflation Adjustment of Civil
Monetary Penalties
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Final rule.
AGENCY:
FinCEN publishes this final
rule to reflect inflation adjustments to
its civil monetary penalties (‘‘CMPs’’) as
mandated by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (collectively referred to
herein as ‘‘the Act’’). This rule adjusts
certain CMPs within the jurisdiction of
FinCEN to the maximum amount
required by the Act.
DATES: Effective October 10, 2019.
FOR FURTHER INFORMATION CONTACT: The
FinCEN Resource Center at (800) 767–
2825 or email frc@fincen.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Inflation Adjustment Act of 1990, 28
U.S.C. 2461 note (‘‘the Inflation
Adjustment Act’’), as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Pub. L. 114–74) (‘‘the 2015 Act’’),
requires Federal agencies to adjust each
CMP provided by law within the
jurisdiction of the agency. The 2015 Act
requires agencies to adjust the level of
CMPs with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking and to make subsequent
annual adjustments for inflation,
without needing to provide notice and
the opportunity for public comment
otherwise required by 5 U.S.C. 553. The
2015 Act provides that any increase in
a CMP shall apply to CMPs that are
assessed after the date the increase takes
effect, regardless of whether the
underlying violation predated such
increase.1
CMPs for inflation, effective 2017, is
provided by statute, with no discretion
provided to agencies regarding the
substance of the adjustments for
inflation to CMPs. FinCEN is charged
only with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs. Accordingly, prior public notice
and an opportunity for public comment
and a delayed effective date are not
required for this rule.
II. Method of Calculation
4. Paperwork Reduction Act
The method of calculating CMP
adjustments applied in this final rule is
required by the 2015 Act. Under the
2015 Act and the Office of Management
and Budget (‘‘OMB’’) guidance required
by the 2015 Act, annual inflation
adjustments subsequent to the initial
catch-up adjustment are to be based on
the percent change between the
Consumer Price Index for all Urban
Consumers (‘‘CPI–U’’) for the October
preceding the date of the adjustment
and the prior year’s October CPI–U. As
set forth in OMB Memorandum M–19–
04 of December 14, 2018, the adjustment
multiplier for 2019 is 1.02522. In order
to complete the 2019 annual
adjustment, each current CMP is
multiplied by the 2019 adjustment
multiplier. Under the 2015 Act, any
increase in CMP must be rounded to the
nearest multiple of $1.
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
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2. Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
3. Executive Order 12866
This rule is not a significant
regulatory action as defined in section
3.f of Executive Order 12866.
List of Subjects in 31 CFR Part 1010
Authority delegations (Government
agencies), Administrative practice and
procedure, Banks, banking, Brokers,
Currency, Foreign banking, Foreign
currencies, Gambling, Investigations,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
Authority and Issuance
Procedural Matters
For the reasons set forth in the
preamble, part 1010 of chapter X of title
31 of the Code of Federal Regulations is
amended as follows:
1. Administrative Procedure Act
PART 1010—GENERAL PROVISIONS
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
beginning in 2017, to make annual
adjustments for inflation to CMPs
without needing to provide notice and
the opportunity for public comment
required by 5 U.S.C. 553. Additionally,
the methodology used for adjusting
I. Background
In order to improve the effectiveness
of CMPs and to maintain their deterrent
effect, the Federal Civil Penalties
54495
1 However, the increased CMPs apply only with
respect to underlying violations occurring after the
date of enactment of the 2015 Act, i.e., after
November 2, 2015.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
1. The authority citation for part 1010
continues to read as follows:
■
Authority: 12 U.S.C. 1829b and 1951–
1959; 31 U.S.C. 5311–5314, 5316–5332; Title
III, sec. 314, Pub. L. 107–56, 115 Stat. 307;
sec. 701, Pub. L. 114–74, 129 Stat. 599.
2. Amend § 1010.821 by revising
Table 1 of § 1010.821 to read as follows:
■
§ 1010.821
*
Penalty adjustment and table.
*
*
(b) * * *
E:\FR\FM\10OCR1.SGM
10OCR1
*
*
]]>Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54492-54495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22152]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0441; Product Identifier 2019-NM-036-AD; Amendment
39-19753; AD 2019-19-17]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2000-03-20
R1, which applied to all Airbus SAS Model A300 B4-601, B4-603, and B4-
620, Model A300 B4-600R series, and Model A300 F4-605R airplanes. AD
2000-03-20 R1 required repetitive inspections to detect cracks on the
forward fittings in the radius of a certain frame, adjacent to the
tension bolts in the center section of the wings, and various follow-on
actions. This AD retains the requirements of AD 2000-03-20 R1, adds new
airplanes to the applicability, and introduces new compliance times for
the required inspections, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
was prompted by reports of cracking due to fatigue-related stress in
the radius of frame 40, adjacent to the tension bolts at the center/
outer wing junction. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective November 14, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 14,
2019.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
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-2019-0441.
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-
0441; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is 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, 2200 South
[[Page 54493]]
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2000-03-20 R1, Amendment 39-12298 (66 FR
34530, June 29, 2001) (``AD 2000-03-20 R1''). AD 2000-03-20 R1 applied
to all Airbus SAS Model A300 B4-601, B4-603, and B4-620, Model A300 B4-
600R series, and Model A300 F4-605R airplanes. The NPRM published in
the Federal Register on June 17, 2019 (84 FR 27990). The NPRM was
prompted by reports of cracking due to fatigue-related stress in the
radius of frame 40, adjacent to the tension bolts at the center/outer
wing junction. The NPRM proposed to require initial and repetitive
ultrasonic (UT) and high frequency eddy current (HFEC) inspections and
applicable corrective actions. The FAA is issuing this AD to address
fatigue cracking on the forward fittings in the radius of frame 40,
adjacent to the tension bolts in the center section of the wings, which
could result in reduced structural integrity of the wings.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0044, dated March 7, 2019
(``EASA AD 2019-0044'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A300 B4-600 series, Model A300
B4-600R series, Model A300 F4-605R, and Model A300 C4-605R Variant F
airplanes. See the MCAI for additional background information.
Comment
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. Patrick Imperatrice indicated support for the NPRM.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0044 describes procedures for initial and repetitive
UT and HFEC inspections and applicable corrective actions. Corrective
actions include reworking the fuselage lateral panel at frame 40,
blending out around cracks, and repair. 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.
Costs of Compliance
The FAA estimates that this AD affects 65 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2000-03-20 R1 2 work-hours x $85 per $0 $170 $11,050
hour = $170.
New actions........................... 161 work-hours x $85 per 0 13,685 889,525
hour = $13,685.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be
$5,525, or $85 per product.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
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 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 has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect
[[Page 54494]]
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) 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.
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 removing Airworthiness Directive (AD)
2000-03-20 R1, Amendment 39-12298 (66 FR 34530, June 29, 2001), and
adding the following new AD:
2019-19-17 Airbus SAS: Amendment 39-19753; Docket No. FAA-2019-0441;
Product Identifier 2019-NM-036-AD.
(a) Effective Date
This AD is effective November 14, 2019.
(b) Affected ADs
This AD replaces AD 2000-03-20 R1, Amendment 39-12298 (66 FR
34530, June 29, 2001) (``AD 2000-03-20 R1'').
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (4) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2019-
0044, dated March 7, 2019 (``EASA AD 2019-0044'').
(1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
(2) Model A300 B4-605R and B4-622R airplanes.
(3) Model A300 F4-605R airplanes.
(4) Model A300 C4-605R Variant F airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports of cracking due to fatigue-
related stress in the radius of frame 40, adjacent to the tension
bolts at the center/outer wing junction. The FAA is issuing this AD
to address fatigue cracking on the forward fittings in the radius of
frame 40, adjacent to the tension bolts in the center section of the
wings, which could result in reduced structural integrity of the
wings.
(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, EASA AD 2019-0044.
(h) Exceptions to EASA AD 2019-0044
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0044 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0044 does not apply
to this AD.
(3) Paragraph (5) of EASA AD 2019-0044 specifies to report all
inspection results to Airbus. For this AD, report all inspection
results to Airbus Service Bulletin Reporting Online Application on
Airbus World (https://w3.airbus.com/) at the applicable time
specified in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(4) For Model A300 B4-622 and A300 C4-605R Variant F airplanes:
The initial compliance time for the inspections required by EASA AD
2019-0044 is at the applicable time specified in EASA AD 2019-0044,
or within 12 months after the effective date of this AD, whichever
occurs later.
(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) 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 2019-0044 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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(j) Related Information
For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225.
(k) 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.
(3) The following service information was approved for IBR on
November 14, 2019.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0044,
dated March 7, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0044, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email
[[Page 54495]]
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(5) You may view this 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. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0441.
(6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22152 Filed 10-9-19; 8:45 am]
BILLING CODE 4910-13-P
