Airworthiness Directives; Airbus SAS Airplanes, 65282-65285 [2020-22741]
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65282
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
parties. In the case of an application to
relocate an insured branch of a foreign
bank, include the current and proposed
address of the branch.
(ii) Type of filing being made;
(iii) Name of the depository
institution(s) that is the subject matter of
the filing;
(iv) That the public may submit
comments to the appropriate FDIC
regional director;
(v) The address of the appropriate
FDIC office where comments may be
sent (the same location where the filing
will be made);
(vi) The closing date of the public
comment period as specified in the
appropriate subpart; and
(vii) That the nonconfidential
portions of the application are on file in
the appropriate FDIC office and are
available for public inspection during
regular business hours; photocopies of
the nonconfidential portion of the
application file will be made available
upon request.
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■ 3. Revise § 303.15(b) to read as
follows:
§ 303.15 Certain limited liability companies
deemed incorporated under State law.
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(b) For purposes of the Federal
Deposit Insurance Act and this Chapter,
(1) Each of the terms ‘‘stockholder’’
and ‘‘shareholder’’ includes an owner of
any interest in a depository institution
chartered as an LLC, including a
member or participant;
(2) The term ‘‘director’’ includes a
manager or director of a depository
institution chartered as an LLC, or other
person who has, with respect to such a
depository institution, authority
substantially similar to that of a director
of a corporation;
(3) The term ‘‘officer’’ includes an
officer of a depository institution
chartered as an LLC, or other person
who has, with respect to such a
depository institution, authority
substantially similar to that of an officer
of a corporation; and
(4) Each of the terms ‘‘voting stock,’’
‘‘voting shares,’’ and ‘‘voting securities’’
includes ownership interests in a
depository institution chartered as an
LLC, as well as any certificates or other
evidence of such ownership interests.
■ 4. Revise § 303.204 to read as follows:
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§ 303.204 Applications for acquisitions,
branching, and new lines of business.
(a) Scope. (1) Any insured State
nonmember bank, any insured State
savings association, and any insured
branch of a foreign bank which is
undercapitalized or significantly
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undercapitalized, and any insured
depository institution which is critically
undercapitalized, shall submit an
application to engage in acquisitions,
branching or new lines of business.
(2) A new line of business will
include any new activity exercised
which, although it may be permissible,
has not been exercised by the
institution.
(b) Content of filing. Applications
shall describe the proposal, state the
date the institution’s capital restoration
plan was accepted by its primary federal
regulator, describe the institution’s
status in implementing the plan, and
explain how the proposed action is
consistent with and will further the
achievement of the plan or otherwise
further the purposes of section 38 of the
FDI Act. If the FDIC is not the
applicant’s primary federal regulator,
the application also should state
whether approval has been requested
from the applicant’s primary federal
regulator, the date of such request and
the disposition of the request, if any. If
the proposed action also requires
applications pursuant to section 18 (c)
or (d) of the FDI Act (mergers and
branches) (12 U.S.C. 1828 (c) or (d)),
such applications should be filed
concurrently with, or made a part of, the
application filed pursuant to section 38
of the FDI Act (12 U.S.C. 1831o).
■ 5. Revise § 303.205(a) to read as
follows:
§ 303.205 Applications for bonuses and
increased compensation for senior
executive officers.
(a) Scope. Any insured State
nonmember bank, insured State savings
association, or insured branch of a
foreign bank that is significantly or
critically undercapitalized, or any
insured State nonmember bank, any
insured State savings association, or any
insured branch of a foreign bank that is
undercapitalized and which has failed
to submit or implement in any material
respect an acceptable capital restoration
plan, shall submit an application to pay
a bonus or increase compensation for
any senior executive officer.
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■ 6. Revise § 303.249(a) to read as
follows:
§ 303.249
Management official interlocks.
(a) Scope. This section contains the
procedures to be followed by an insured
State nonmember bank or an insured
State savings association to seek the
approval of FDIC to establish an
interlock pursuant to the Depository
Institutions Management Interlocks Act
(12 U.S.C. 3207), section 13 of the FDI
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Act (12 U.S.C. 1823(k)) and part 348 of
this chapter.
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PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
7. The authority citation for part 390
is revised to read as follows:
■
Authority: 12 U.S.C. 1819.
Subpart G also issued under 12 U.S.C. 2810
et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C.
1981, 1982, 3601–3619.
Subpart O also issued under 12 U.S.C.
1828.
Subpart Q also issued under 12 U.S.C.
1462; 1462a; 1463; 1464.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.
Subpart Y also issued under 12 U.S.C.
1831o.
Subpart F—[Removed and Reserved]
8. Remove and reserve subpart F,
consisting of §§ 390.100 through
390.135.
■
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on or about
September 15, 2020.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2020–21000 Filed 10–14–20; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0851; Product
Identifier 2020–NM–081–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 A318 series
airplanes; Model A319–111, A319–112,
A319–113, A319–114, A319–115, A319–
131, A319–132, and A319–133
airplanes; Model A320–211, A320–212,
A320–214, A320–216, A320–231, A320–
232, and A320–233 airplanes; and
Model A321–111, A321–112, A321–131,
A321–211, A321–212, A321–213, A321–
231, and A321–232 airplanes. This
proposed AD was prompted by reports
that certain oxygen supply solenoid
SUMMARY:
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
valves are a potential source of
increased flow resistance within the
flightcrew oxygen system. This
proposed AD would require a detailed
inspection (flow test) of certain solenoid
valves, and replacement 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 November 30,
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 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–
0851.
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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–
0851; 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:
Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
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Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223; email
Sanjay.Ralhan@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views 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.
FAA–2020–0851; Project Identifier
2020–NM–081–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
received, 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
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65283
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
2020–0104, dated May 7, 2020 (‘‘EASA
AD 2020–0104’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus SAS
Model A318–111, A318–112, A318–121,
and A318–122 airplanes; Model A319–
111, A319–112, A319–113, A319–114,
A319–115, A319–131, A319–132, and
A319–133 airplanes; Model A320–211,
A320–212, A320–214, A320–216, A320–
231, A320–232, and A320–233
airplanes; and Model A321–111, A321–
112, A321–131, A321–211, A321–212,
A321–213, A321–231, and A321–232
airplanes.
This proposed AD was prompted by
reports that oxygen supply solenoid
valves having certain part numbers and
a certain year of manufacture, are a
potential source of increased flow
resistance within the flightcrew oxygen
system. The FAA is proposing this AD
to address increased flow resistance
within the flightcrew oxygen system,
which could lead to a reduced flow of
oxygen supply to the flightcrew oxygen
masks, and in combination with inflight depressurization, smoke in the
flight deck, or a smoke evacuation
procedure, could lead to flightcrew
hypoxia and loss of useful
consciousness, resulting in loss of
control of the airplane. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0104 describes
procedures for doing a detailed
inspection (flow test) of certain solenoid
valves using the flightcrew oxygen
masks and replacing any solenoid valve
that fails the flow test with a serviceable
part. 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 our
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
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
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
2020–0104 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0104
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
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 2020–0104 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
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
2020–0104 that is required for
compliance with EASA AD 2020–0104
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0851 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 1,100 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 ..........................................................................................
$0
$255
$280,500
The FAA estimates the following
costs to do any necessary on-condition
action 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 oncondition action:
ESTIMATED COSTS OF ON-CONDITION ACTION
Labor cost
Parts cost
Cost per
product
1 work-hour × $85 per hour = $85 ..........................................................................................................................
*
$85
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the on-condition replacement 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 our cost
estimate.
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.
(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.
Authority for This Rulemaking
Regulatory Findings
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
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,
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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List of Subjects in 14 CFR Part 39
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.
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2020–0851;
Product Identifier 2020–NM–081–AD.
(a) Comments Due Date
The FAA must receive comments by
November 30, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes specified in paragraphs (c)(1)
through (4) of this AD, certificated in any
category.
(1) Model A318–111, A318–112, A318–
121, and A318–122 airplanes.
(2) Model A319–111, A319–112, A319–
113, A319–114, A319–115, A319–131, A319–
132, and A319–133 airplanes.
(3) Model A320–211, A320–212, A320–
214, A320–216, A320–231, A320–232, and
A320–233 airplanes.
(4) Model A321–111, A321–112, A321–
131, A321–211, A321–212, A321–213, A321–
231, and A321–232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports that
certain oxygen supply solenoid valves are a
potential source of increased flow resistance
within the flightcrew oxygen system. The
FAA is issuing this AD to address increased
flow resistance within the flightcrew oxygen
system, which could lead to a reduced flow
of oxygen supply to the flightcrew oxygen
masks, and in combination with in-flight
depressurization, smoke in the flight deck, or
a smoke evacuation procedure, could lead to
flightcrew hypoxia and loss of useful
consciousness, resulting in loss of control of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(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 2020–0104, dated
May 7, 2020 (‘‘EASA AD 2020–0104’’).
(h) Exceptions to EASA AD 2020–0104
(1) Where EASA AD 2020–0104 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0104 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0104 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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(j) 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 (k)(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
2020–0104 that contains RC procedures and
tests: Except as required by paragraph (j)(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.
(k) Related Information
(1) For information about EASA AD 2020–
0104, 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
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–2020–0851.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email Sanjay.Ralhan@
faa.gov.
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65285
Issued on September 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–22741 Filed 10–14–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0907; Product
Identifier 2017–SW–072–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
Airbus Helicopters Model AS350B3
helicopters. This proposed AD would
require modifying the electrical system
of the throttle twist grip, inspecting the
routing of a microswitch electrical
harness, and correcting the electrical
harness routing if it is incorrect. This
proposed AD was prompted by reports
of the engine remaining in idle when
the twist grip was turned from the
‘‘forced idle’’ position to the ‘‘flight’’
position. The actions of this proposed
AD are intended to address an unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by November 30,
2020.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
SUMMARY:
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–
0907; or in person at Docket Operations
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Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Proposed Rules]
[Pages 65282-65285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22741]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0851; Product Identifier 2020-NM-081-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS 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 all Airbus SAS Model A318 series airplanes; Model A319-111, A319-
112, A319-113, A319-114, A319-115, A319-131, A319-132, and A319-133
airplanes; Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, and A320-233 airplanes; and Model A321-111, A321-112, A321-
131, A321-211, A321-212, A321-213, A321-231, and A321-232 airplanes.
This proposed AD was prompted by reports that certain oxygen supply
solenoid
[[Page 65283]]
valves are a potential source of increased flow resistance within the
flightcrew oxygen system. This proposed AD would require a detailed
inspection (flow test) of certain solenoid valves, and replacement 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 November
30, 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-2020-0851.
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-
0851; 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: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views 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. FAA-2020-0851; Project Identifier 2020-NM-081-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 received, 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 2020-0104, dated May 7, 2020 (``EASA
AD 2020-0104'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A318-111, A318-112, A318-121, and
A318-122 airplanes; Model A319-111, A319-112, A319-113, A319-114, A319-
115, A319-131, A319-132, and A319-133 airplanes; Model A320-211, A320-
212, A320-214, A320-216, A320-231, A320-232, and A320-233 airplanes;
and Model A321-111, A321-112, A321-131, A321-211, A321-212, A321-213,
A321-231, and A321-232 airplanes.
This proposed AD was prompted by reports that oxygen supply
solenoid valves having certain part numbers and a certain year of
manufacture, are a potential source of increased flow resistance within
the flightcrew oxygen system. The FAA is proposing this AD to address
increased flow resistance within the flightcrew oxygen system, which
could lead to a reduced flow of oxygen supply to the flightcrew oxygen
masks, and in combination with in-flight depressurization, smoke in the
flight deck, or a smoke evacuation procedure, could lead to flightcrew
hypoxia and loss of useful consciousness, resulting in loss of control
of the airplane. See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0104 describes procedures for doing a detailed
inspection (flow test) of certain solenoid valves using the flightcrew
oxygen masks and replacing any solenoid valve that fails the flow test
with a serviceable part. 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 our 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
[[Page 65284]]
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 2020-0104 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 2020-0104
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0104 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 2020-0104 that is required for compliance with EASA AD 2020-
0104 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0851 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 1,100 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 $255 $280,500
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The FAA estimates the following costs to do any necessary on-
condition action 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 on-condition action:
Estimated Costs of On-Condition Action
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... * $85
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* The FAA has received no definitive data that would enable the agency
to provide parts cost estimates for the on-condition replacement
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 our 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.
[[Page 65285]]
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-2020-0851; Product Identifier 2020-NM-
081-AD.
(a) Comments Due Date
The FAA must receive comments by November 30, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
(1) Model A318-111, A318-112, A318-121, and A318-122 airplanes.
(2) Model A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, and A319-133 airplanes.
(3) Model A320-211, A320-212, A320-214, A320-216, A320-231,
A320-232, and A320-233 airplanes.
(4) Model A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Reason
This AD was prompted by reports that certain oxygen supply
solenoid valves are a potential source of increased flow resistance
within the flightcrew oxygen system. The FAA is issuing this AD to
address increased flow resistance within the flightcrew oxygen
system, which could lead to a reduced flow of oxygen supply to the
flightcrew oxygen masks, and in combination with in-flight
depressurization, smoke in the flight deck, or a smoke evacuation
procedure, could lead to flightcrew hypoxia and loss of useful
consciousness, resulting in loss of control of the airplane.
(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
2020-0104, dated May 7, 2020 (``EASA AD 2020-0104'').
(h) Exceptions to EASA AD 2020-0104
(1) Where EASA AD 2020-0104 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0104 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0104
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 (k)(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 2020-0104 that contains RC procedures and
tests: Except as required by paragraph (j)(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.
(k) Related Information
(1) For information about EASA AD 2020-0104, 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 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-
2020-0851.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223; email [email protected].
Issued on September 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-22741 Filed 10-14-20; 8:45 am]
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