Airworthiness Directives; Airbus Airplanes, 47122-47125 [2020-16843]
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47122
Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules
Note 2 to paragraph (g)(2) of this AD: Paint
coatings may mask the initial stages of
corrosion, and faying surfaces, such as
riveted lap joints, may hide corrosion.
(h) Corrective Actions
(1) If any evidence of corrosion is found
during any inspection required by paragraph
(g) of this AD, before further flight, remove
the corrosion and determine whether the
thickness of the component meets or exceeds
the minimum thickness at all locations in
accordance with table 2 and step 5 in Part I
Wing Spar Inspection of Piper SB No. 1304A.
(2) If corrosion preventative compound
was removed as part of any inspection
required by paragraph (g) of this AD, before
further flight, apply corrosion preventative
compound by following step 1 in Part III
Return to Service of Piper SB No. 1304A.
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(i) Credit for Actions Done Following
Previous Service Information
This paragraph provides credit for the
initial inspection and application of
corrosion preventative compound required
by paragraphs (g) and (h)(2) of this AD if you
performed the inspection before the effective
date of this AD using Piper Aircraft, Inc.
Service Bulletin No. 1304, dated August 23,
2017, and no evidence of corrosion was
found.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Atlanta ACO 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 manager of the
certification office, send it to the attention of
the person identified in paragraph (k)(1) of
this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) For service information that contains
steps that are labeled as Required for
Compliance (RC), the provisions of
paragraphs (j)(3)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. An AMOC is required
for any deviations to RC steps, including
substeps and identified figures.
(ii) Steps not labeled 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 RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(k) Related Information
(1) For more information about this AD,
contact Dan McCully, Aerospace Engineer,
FAA, Atlanta ACO Branch, 1701 Columbia
Avenue, College Park, Georgia 30337;
telephone: (404) 474–5548; fax: (404) 474–
5606; email: william.mccully@faa.gov.
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(2) For service information identified in
this AD, contact Piper Aircraft, Inc., 2926
Piper Drive, Vero Beach, Florida 32960;
telephone: (772) 567–4361; internet:
www.piper.com. You may review this
referenced service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA, call
(816) 329–4148.
Issued on July 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–16225 Filed 8–3–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0681; Product
Identifier 2020–NM–089–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus SAS Model A350–941
airplanes. This proposed AD was
prompted by a report that during the
assembly of a certain section of the
fuselage, the gaps found on self-aligning
nuts for eight fasteners were out of
tolerance. This proposed AD would
require a rotating probe test of all
fastener holes located in the affected
area for any discrepancies, an eddy
current inspection of the surrounding
flange for any discrepancies, a detailed
inspection of certain frames for any
discrepancies, and corrective actions if
necessary, 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 September 18,
2020.
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.
SUMMARY:
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• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, 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, Airworthiness Products Section,
Operational Safety 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–2020–
0681.
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–2020–
0681; 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, 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:
Kathleen Arrigotti, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenters
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules
FAA–2020–0681; Product Identifier
2020–NM–089–AD’’ at the beginning of
your comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
the FAA receives, without change, as
well as a report summarizing each
substantive public contact with FAA
personnel concerning this proposed
rulemaking. Before acting on this
proposal, the FAA will consider all
comments received by the closing date
for comments. The FAA will consider
comments filed after the comment
period has closed if it is possible to do
so without incurring expense or delay.
The FAA may change this NPRM
because of those comments.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0109, dated May 15, 2020 (‘‘EASA
AD 2020–0109’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Airbus
SAS Model A350–941 airplanes.
This proposed AD was prompted by
a report that during the assembly of the
section 19 skin to frame (FR) 98 joint of
the fuselage, the gaps found on selfaligning nuts for eight fasteners were
out of tolerance. The FAA is proposing
this AD to address gaps that are out of
tolerance, which could reduce the
fatigue and damage tolerance properties
of the affected area, and possibly affect
the structural integrity of the rear cone
of the fuselage. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0109 describes
procedures for a rotating probe test of all
fastener holes located in the affected
area for any discrepancies (i.e., cracking
or damage), an eddy current inspection
of the surrounding flange for any
discrepancies, a detailed inspection of
frames FR 97 to FR 99 for any
discrepancies and corrective actions if
necessary. Corrective actions include
replacing all fasteners located in the
affected area with new bolts and selfaligning nuts, 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.
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.
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Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0109 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 initially 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. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2020–0109 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0109
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
2020–0109 that is required for
compliance with EASA AD 2020–0109
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0681 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 13 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$1,105
The FAA estimates the following
costs to do any necessary on-condition
replacements that would be required
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based on the results of any required
actions. The FAA has no way of
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determining the number of aircraft that
might need these replacements:
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules
ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Labor cost
Parts cost
Cost per
product
6 work-hours × $85 per hour = $510 ......................................................................................................................
$70
$580
* The FAA has received no definitive data that would enable providing cost estimates for the on-condition repairs specified in this proposed AD.
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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.
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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.
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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:
compliance times specified in, and in
accordance with, EASA AD 2020–0109.
(h) Exceptions to EASA AD 2020–0109
(1) The ‘‘Remarks’’ section of EASA AD
2020–0109 does not apply to this AD.
(2) Where paragraph (2) of EASA AD 2020–
0109 specifies actions if ‘‘any discrepancy is
detected, as defined in the SB,’’ for this AD
a discrepancy is defined as any crack or
damage.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@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, Large Aircraft Section,
International Validation 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
2020–0109 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.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
(j) Related Information
(1) For information about EASA AD 2020–
0109, contact the EASA, Konrad-Adenauer-
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–2020–0681;
Product Identifier 2020–NM–089–AD.
(a) Comments Due Date
The FAA must receive comments by
September 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A350–941 airplanes, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020–
0109, dated May 15, 2020 (‘‘EASA AD 2020–
0109’’).
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that
during the assembly of the section 19 skin to
frame (FR) 98 joint of the fuselage, the gaps
found on self-aligning nuts for eight fasteners
were out of tolerance. The FAA is issuing
this AD to address gaps that are out of
tolerance, which could reduce the fatigue
and damage tolerance properties of the
affected area, and possibly affect the
structural integrity of the rear cone of the
fuselage.
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Proposed Rules
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. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety 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–2020–0681.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218; email
Kathleen.Arrigotti@faa.gov.
Issued on July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–16843 Filed 8–3–20; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0178; EPA–R01–
OAR–2017–0344; FRL–10012–69–Region 1]
Air Plan Approval; New Hampshire;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
and 2012 PM2.5 Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
Hampshire. This revision addresses the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 ozone
National Ambient Air Quality Standards
(NAAQS). This proposed action
includes all elements of these
infrastructure requirements except for
the ‘‘Good Neighbor’’ or ‘‘transport’’
provisions, which will be addressed in
a future action. We are also proposing
to grant the state an exemption from the
infrastructure SIP contingency plan
obligation for ozone, and to
conditionally approve several elements
of New Hampshire’s submittal relating
to air-quality modeling requirements. In
addition, we are proposing to correct
errors in our previous approval of an
infrastructure SIP submission from New
Hampshire for the 2012 PM2.5 NAAQS
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SUMMARY:
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and to conditionally approve several
elements of that submittal.
The infrastructure requirements are
designed to ensure that the structural
components of each state’s air quality
management program are adequate to
meet the state’s responsibilities under
the CAA. This action is being taken
under the Clean Air Act.
DATES: Written comments must be
received on or before September 3,
2020.
Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0178 at https://
www.regulations.gov, or via email to
simcox.alison@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
ADDRESSES:
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47125
02109—3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose.
A. What is the scope of this rulemaking?
B. What guidance is EPA using to evaluate
these SIP submissions?
II. EPA’s Evaluation of New Hampshire’s
Infrastructure SIP for the 2015 Ozone
Standard.
A. Section 110(a)(2)(A)—Emission Limits
and Other Control Measures.
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System.
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures and for
Construction or Modification of
Stationary Sources.
D. Section 110(a)(2)(D)—Interstate
Transport.
E. Section 110(a)(2)(E)—Adequate
Resources.
F. Section 110(a)(2)(F)—Stationary Source
Monitoring System.
G. Section 110(a)(2)(G)—Emergency
Powers.
H. Section 110(a)(2)(H)—Future SIP
Revisions.
I. Section 110(a)(2)(I)—Nonattainment Area
Plan or Plan Revisions Under Part D.
J. Section 110(a)(2)(J)—Consultation With
Government Officials; Public
Notifications; Prevention of Significant
Deterioration; Visibility Protection.
K. Section 110(a)(2)(K)—Air Quality
Modeling/Data.
L. Section 110(a)(2)(L)—Permitting Fees.
M. Section 110(a)(2)(M)—Consultation/
Participation by Affected Local Entities.
III. Proposed Action.
IV. Statutory and Executive Order Reviews.
I. Background and Purpose
On October 1, 2015, EPA promulgated
a revision to the ozone NAAQS (2015
ozone NAAQS), lowering the level of
both the primary and secondary
standards to 0.070 parts per million
(ppm).1 Section 110(a)(1) of the CAA
requires states to submit, within 3 years
after promulgation of a new or revised
standard, SIPs meeting the applicable
requirements of section 110(a)(2).2 On
September 5, 2018, the New Hampshire
Department of Environmental Services
(NHDES) submitted a revision to its
State Implementation Plan (SIP). The
1 National Ambient Air Quality Standards for
Ozone, Final Rule, 80 FR 65292 (October 26, 2015).
Although the level of the standard is specified in
the units of ppm, ozone concentrations are also
described in parts per billion (ppb). For example,
0.070 ppm is equivalent to 70 ppb.
2 SIP revisions that are intended to meet the
applicable requirements of section 110(a)(1) and (2)
of the CAA are often referred to as infrastructure
SIPs, and the applicable elements under 110(a)(2)
are referred to as infrastructure requirements.
E:\FR\FM\04AUP1.SGM
04AUP1
]]>Agencies
[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Proposed Rules]
[Pages 47122-47125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16843]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0681; Product Identifier 2020-NM-089-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a report that during the assembly of a certain section of
the fuselage, the gaps found on self-aligning nuts for eight fasteners
were out of tolerance. This proposed AD would require a rotating probe
test of all fastener holes located in the affected area for any
discrepancies, an eddy current inspection of the surrounding flange for
any discrepancies, a detailed inspection of certain frames for any
discrepancies, and corrective actions if necessary, 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 September
18, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For 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,
Airworthiness Products Section, Operational Safety 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-2020-0681.
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-2020-
0681; 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, 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: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. The most helpful comments reference a
specific portion of the proposal, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, commenters should send only one
copy of written comments, or if comments are filed electronically,
commenters should submit only one time. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No.
[[Page 47123]]
FAA-2020-0681; Product Identifier 2020-NM-089-AD'' at the beginning of
your comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments the FAA receives, without change,
as well as a report summarizing each substantive public contact with
FAA personnel concerning this proposed rulemaking. Before acting on
this proposal, the FAA will consider all comments received by the
closing date for comments. The FAA will consider comments filed after
the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this NPRM because of
those comments.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0109, dated May 15, 2020
(``EASA AD 2020-0109'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
This proposed AD was prompted by a report that during the assembly
of the section 19 skin to frame (FR) 98 joint of the fuselage, the gaps
found on self-aligning nuts for eight fasteners were out of tolerance.
The FAA is proposing this AD to address gaps that are out of tolerance,
which could reduce the fatigue and damage tolerance properties of the
affected area, and possibly affect the structural integrity of the rear
cone of the fuselage. See the MCAI for additional background
information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0109 describes procedures for a rotating probe test of
all fastener holes located in the affected area for any discrepancies
(i.e., cracking or damage), an eddy current inspection of the
surrounding flange for any discrepancies, a detailed inspection of
frames FR 97 to FR 99 for any discrepancies and corrective actions if
necessary. Corrective actions include replacing all fasteners located
in the affected area with new bolts and self-aligning nuts, 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.
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 2020-0109 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 initially 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. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0109
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0109 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 2020-0109 that is required for compliance with EASA AD 2020-
0109 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0681 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 13 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $1,105
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need these replacements:
[[Page 47124]]
Estimated Costs of On-Condition Actions *
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Cost per
Labor cost Parts cost product
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6 work-hours x $85 per hour = $510.... $70 $580
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* The FAA has received no definitive data that would enable providing
cost estimates for the on-condition repairs specified in this proposed
AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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
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):
Airbus SAS: Docket No. FAA-2020-0681; Product Identifier 2020-NM-
089-AD.
(a) Comments Due Date
The FAA must receive comments by September 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020-0109, dated May 15, 2020
(``EASA AD 2020-0109'').
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that during the assembly of the
section 19 skin to frame (FR) 98 joint of the fuselage, the gaps
found on self-aligning nuts for eight fasteners were out of
tolerance. The FAA is issuing this AD to address gaps that are out
of tolerance, which could reduce the fatigue and damage tolerance
properties of the affected area, and possibly affect the structural
integrity of the rear cone of the fuselage.
(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 2020-0109.
(h) Exceptions to EASA AD 2020-0109
(1) The ``Remarks'' section of EASA AD 2020-0109 does not apply
to this AD.
(2) Where paragraph (2) of EASA AD 2020-0109 specifies actions
if ``any discrepancy is detected, as defined in the SB,'' for this
AD a discrepancy is defined as any crack or damage.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, 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, Large Aircraft
Section, International Validation 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 2020-0109 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 2020-0109, contact the EASA,
Konrad-Adenauer-
[[Page 47125]]
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 material at the FAA, Airworthiness Products Section,
Operational Safety 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-2020-0681.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; email [email protected].
Issued on July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-16843 Filed 8-3-20; 8:45 am]
BILLING CODE 4910-13-P
