Airworthiness Directives; Airbus SAS Airplanes, 70051-70054 [2020-24345]
Download as PDF
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
year (or about 435) will save 30 minutes
from not reading this removed
information. This time is valued at a
rate of $118.22 per hour—the median
hourly wage of $59.11 for an attorney
according to 2019 Bureau of Labor
Statistics (BLS) data 1 plus 100 percent
more for benefits and overhead. This
produces savings to SDVO small
businesses per year of $25,713 in
current dollars.
The cost savings also includes a
savings to the government, assuming
that 2 percent of the 38,000 Federal
contracting officers per year (or about
760) will save 30 minutes from not
reading this removed information. This
time is valued at a rate of $82.74—
assuming the average Federal
contracting officer is a GS–12 step 1 (DC
locality in 2020 of $41.37) 2 and adding
100 percent more for benefits and
overhead, for annual savings of $31,441.
This produces total savings per year of
$57,287 in current dollars.
The annual savings to SDVO small
businesses and to the government totals
to $57,154 in current dollars.
In the first year, it is assumed that 5
percent of SDVO small businesses
(about 1,088) and 5 percent of Federal
contracting officers (about 1,900) would
read this Federal Register notice which
is estimated to take 30 minutes per
SDVO small business at $118.22 per
hour and $82.74 per hour per Federal
contracting officer, producing cost in
the first year of $142,915 ($64,312 for
SDVO small businesses and $78,603 for
the Federal Government). This cost is
not expected to continue in subsequent
years.
Table 1 displays the costs and savings
of this rule over the first 2 years it is
published, with the savings and costs in
the second year expected to continue
into perpetuity. Table 2 presents the
annualized net savings in 2016 dollars.
dollars, or less than a dollar per SDVO
TABLE 2—ANNUALIZED SAVINGS IN
PERPETUITY WITH 7% DISCOUNT small business, as detailed in the
Executive Order 13771 discussion
RATE, 2016 DOLLARS
above.
SBA certified this rule at the proposed
rule stage and received no comments on
($40,254) the certification. Accordingly, SBA
$6,585 therefore certifies that this rule has ‘‘no
significant impact upon a substantial
($33,669)
number of small entities’’ within the
meaning of the RFA.
Estimate
Annualized Savings ....................
Annualized Costs ........................
Annualized Net Savings ......
C. Executive Order 12988
This action meets applicable
standards set forth in Sec. 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
D. Executive Order 13132
This rule does not have federalism
implications as defined in Executive
Order 13132. It will not have substantial
direct effects 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, as specified in the
Executive Order. As such, it does not
warrant the preparation of a Federalism
Assessment.
E. Paperwork Reduction Act, (5 U.S.C.
601–612)
SBA has determined that this final
rule will not impose new, or modify
existing, recordkeeping or reporting
requirements under the Paperwork
Reduction Act.
F. Regulatory Flexibility Act, 5 U.S.C.
601–612
The Regulatory Flexibility Act (RFA)
requires administrative agencies to
consider the effect of their actions on
small entities, small non-profit
businesses, and small local
governments. Pursuant to the RFA,
when an agency issues a rule, the
agency must prepare an analysis that
describes whether the impact of the rule
TABLE 1—SCHEDULE OF COSTS/(SAV- will have a significant economic impact
INGS) OVER 2 YEAR HORIZON, CUR- on a substantial number of small
entities. If not, the RFA permits agencies
RENT DOLLARS
to certify to that effect.
There are approximately 21,750
Savings
Costs
SDVO small businesses and all can be
affected by this rule. However, this rule
Year 1 ...... 598 hours,
1,494 hours,
removes regulations that are
($57,154).
$142,915.
unnecessary or redundant, saving these
Year 2 ...... 598 hours,
0 hours, $0.
entities time in reading the regulations.
($57,154).
The annualized net savings to SDVO
small businesses 3 is $15,147 in current
1 https://www.bls.gov/ooh/legal/lawyers.htm,
retrieved July 31, 2020.
2 https://www.opm.gov/policy-data-oversight/payleave/salaries-wages/salary-tables/pdf/2020/DCB_
h.pdf, retrieved July 31, 2020.
VerDate Sep<11>2014
16:30 Nov 03, 2020
Jkt 253001
70051
3 From annualized savings of $18,110 per SDVO
small businesses minus the one-time cost to SDVO
small businesses annualized to $2,963, both in 2016
dollars.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
List of Subjects in 13 CFR Part 125
Government contracts, Government
procurement, Reporting and
recordkeeping requirements, Small
businesses, Technical assistance,
Veterans.
Accordingly, for the reasons stated in
the preamble, SBA is amending 13 CFR
part 125 as follows:
PART 125—GOVERNMENT
CONTRACTING PROGRAMS
1. The authority citation for part 125
is revised to read as follows:
■
Authority: 15 U.S.C. 632(p), (q), 634(b)(6),
637, 644, 657f, 657q, 657r, and 657s; 38
U.S.C. 501 and 8127.
§§ 125.15, 125.16, 125.19, and 125.20
[Removed and Reserved]
2. Remove and reserve §§ 125.15,
125.16, 125.19, and 125.20.
■
Jovita Carranza,
Administrator.
[FR Doc. 2020–23121 Filed 11–3–20; 8:45 am]
BILLING CODE 8026–03–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0968; Project
Identifier MCAI–2020–00974–T; Amendment
39–21304; AD 2020–22–08]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A320–251N and
–271N airplanes; Model A321–251N,
–271N, –272N, –252NX, and –271NX
airplanes; Model A330–243, –343, and
–941 airplanes; and Model A350–941
and –1041 airplanes. This AD was
prompted by reports of removable
SUMMARY:
E:\FR\FM\04NOR1.SGM
04NOR1
70052
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Rules and Regulations
display units (RDUs) found undocked
from the hosting display docking
stations (DDSs). This AD requires
removal of the RDUs or implementation
of an operational restriction, and a onetime inspection of the RDU installation
onto the DDS and, depending on
findings, accomplishment of applicable
corrective actions, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD becomes effective
November 19, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 19, 2020.
The FAA must receive comments on
this AD by December 21, 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; phone: +49 221 8999
000; 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–
0968.
khammond on DSKJM1Z7X2PROD with RULES
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–
0968; 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 AD, any
VerDate Sep<11>2014
16:30 Nov 03, 2020
Jkt 253001
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: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3225; email:
dan.rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0155, dated July 14, 2020 (‘‘EASA
AD 2020–0155’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for certain Airbus
SAS Model A320–251N and –271N
airplanes; Model A321–251N, –271N,
–272N, –252NX, and –271NX airplanes;
Model A330–243 airplanes; Model
A330–343 airplanes; Model A330–941
airplanes; and Model A350–941 and
–1041 airplanes.
This AD was prompted by reports of
RDUs found undocked from the hosting
DDSs caused by incorrect RDU
installation or damage to the DDS. The
FAA is issuing this AD to address
undocked RDUs, which could lead to
detachment of an RDU, possibly
resulting in injury to airplane
occupants. See the MCAI for additional
background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2020–0155 describes
procedures for removal of the RDUs or
implementation of an operational
restriction, and a one-time inspection of
the RDU installation onto the DDS and,
depending on findings, accomplishment
of applicable corrective actions.
Corrective actions include repair or
replacement of the DDS, reinstallation
or replacement of the RDU, and
realignment of the RDU and DDS. 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
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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0155 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
2020–0155 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0155 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this 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 2020–0155 that is required for
compliance with EASA AD 2020–0155
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0968.
FAA’s Justification and Determination
of the Effective Date
There are currently no domestic
operators of these products. Therefore,
the FAA finds that notice and
opportunity for prior public comment
are unnecessary and that good cause
exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
the FAA did not precede it by notice
and opportunity for public comment.
The FAA invites you to send any
E:\FR\FM\04NOR1.SGM
04NOR1
70053
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Rules and Regulations
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0968; Project Identifier
MCAI–2020–00974–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. 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 consider all
comments received by the closing date
and may amend this AD based on those
comments.
The FAA will post all comments the
FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this AD.
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 AD 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 AD,
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 AD. 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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
1 work-hour × $85 per hour = $85 per RDU ........................................................................................................
$0
The FAA has received no definitive
data that would enable us to provide
cost estimates for the on-condition
actions specified in this AD.
khammond on DSKJM1Z7X2PROD with RULES
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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,
and
(2) Will not affect intrastate aviation
in Alaska.
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
The FAA determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
VerDate Sep<11>2014
16:30 Nov 03, 2020
Jkt 253001
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
$85 per RDU.
2020–22–08 Airbus SAS: Amendment 39–
21304; Docket No. FAA–2020–0968;
Project Identifier MCAI–2020–00974–T.
(a) Effective Date
This AD becomes effective November 19,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes
identified in paragraphs (c)(1) through (6) of
this AD, certificated in any category, as
identified in European Union Aviation Safety
Agency (EASA) AD 2020–0155, dated July
14, 2020 (‘‘EASA AD 2020–0155’’).
(1) Model A320–251N and –271N
airplanes.
(2) Model A321–251N, –271N, –272N,
–252NX, and –271NX airplanes.
(3) Model A330–243 airplanes.
(4) Model A330–343 airplanes.
(5) Model A330–941 airplanes.
(6) Model A350–941 and –1041 airplanes.
(d) Subject
PART 39—AIRWORTHINESS
DIRECTIVES
Regulatory Findings
Cost per
product
Air Transport Association (ATA) of
America Code 23, Communications; 44,
Cabin systems.
(e) Reason
This AD was prompted by reports of
removable display units (RDUs) found
undocked from the hosting display docking
stations (DDS). The FAA is issuing this AD
to address undocked RDUs, which could lead
to detachment of an RDU, possibly resulting
in injury to airplane occupants.
E:\FR\FM\04NOR1.SGM
04NOR1
70054
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / 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, EASA AD 2020–0155.
khammond on DSKJM1Z7X2PROD with RULES
(h) Exceptions to EASA AD 2020–0155
(1) Where EASA AD 2020–0155 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0155 does not apply to this AD.
(3) Where the EASA AD specifies ‘‘any
discrepancies,’’ those discrepancies include
damage or deformity to the DDS tab, a
jammed butterfly latch, a RDU that does not
engage easily, and a RDU that does not latch.
(4) Where paragraph (3) of the EASA AD
specifies a compliance time of ‘‘before next
flight,’’ that compliance time does not apply
to this AD.
(5) Where AOT A44P001–20–00 and
A23L001–20–00, as specified in EASA AD
2020–0155, specify the gap must be equal to
or greater than 4.2mm, for this AD, the gap
must be greater than 4.0mm.
(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) 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
2020–0155 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
VerDate Sep<11>2014
16:30 Nov 03, 2020
Jkt 253001
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 Dan Rodina, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3225; email: dan.rodina@faa.gov.
(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 Union Aviation Safety Agency
(EASA) AD 2020–0155, dated July 14, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020–
0155, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; 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,
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–2020–0968.
(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 on October 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–24345 Filed 11–3–20; 8:45 am]
BILLING CODE 4910–13–P
OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
32 CFR Part 2402
Implementing the Freedom of
Information Act
Office of Science and
Technology Policy.
ACTION: Final rule.
AGENCY:
The White House Office of
Science and Technology Policy (OSTP),
after consideration of the public
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
comments submitted in response to its
Notice of Proposed Rulemaking
published on October 31, 2018, is
amending its regulations to implement
the FOIA Improvement Act of 2016. The
regulations reflect OSTP’s policy and
practices and reaffirm its commitment
to providing the fullest possible
disclosure of records to the public.
DATES: Effective December 4, 2020.
FOR FURTHER INFORMATION CONTACT: Nick
Wittenberg, Legal Counsel, OSTP, (202)
456–4444. Questions about the content
of this notice may also be sent to
ostpfoia@ostp.eop.gov.
SUPPLEMENTARY INFORMATION: OSTP is
amending its regulations governing its
implementation of the Freedom of
Information Act (FOIA). In 2013, OSTP
implemented its FOIA regulations,
currently codified at 32 CFR part 2402.
The FOIA Improvement Act of 2016,
Public Law 114–185, requires each
agency to review and update its FOIA
regulations in accordance with its
provisions. Among other things, the
FOIA Improvement Act makes changes
that require agencies to (1) withhold
information only when it is reasonably
foreseeable that disclosure would harm
an interest protected by an exemption;
(2) allow a minimum of ninety (90) days
to file an appeal following an adverse
determination; and (3) inform requestors
of their right to seek dispute resolution
services.
In connection with OSTP’s review of
its FOIA regulations, OSTP is updating
these regulations to clarify OSTP’s
process for responding to requests for
information, incorporate new language
on partial disclosures of information,
increase the period of time for a
requestor to appeal an adverse
determination from thirty (30) days to
ninety (90) days, and require OSTP to
notify requestors of their right to seek
dispute resolution services. Due to the
scope of the proposed revisions, the
new rules will replace OSTP’s current
FOIA regulations in their entirety. The
new rules will reflect statutory changes
to the FOIA and improve FOIA-related
service and performance, thereby
strengthening OSTP’s compliance with
the FOIA.
On October 31, 2018, OSTP issued a
Notice of Proposed Rulemaking seeking
comments on the proposed changes to
its FOIA regulations. In response, OSTP
received one public comment about the
proposed rule. The commenter did not
suggest any changes to the rule. OSTP,
however, decided to make one minor
additional change in order to clarify the
calculation of fees. In the definition of
‘‘direct cost’’ in § 2402.3(c)(5), OSTP is
changing the phrase, ‘‘employee or
E:\FR\FM\04NOR1.SGM
04NOR1
Agencies
[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Rules and Regulations]
[Pages 70051-70054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24345]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0968; Project Identifier MCAI-2020-00974-T;
Amendment 39-21304; AD 2020-22-08]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A320-251N and -271N airplanes; Model A321-
251N, -271N, -272N, -252NX, and -271NX airplanes; Model A330-243, -343,
and -941 airplanes; and Model A350-941 and -1041 airplanes. This AD was
prompted by reports of removable
[[Page 70052]]
display units (RDUs) found undocked from the hosting display docking
stations (DDSs). This AD requires removal of the RDUs or implementation
of an operational restriction, and a one-time inspection of the RDU
installation onto the DDS and, depending on findings, accomplishment of
applicable corrective actions, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective November 19, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 19,
2020.
The FAA must receive comments on this AD by December 21, 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; phone: +49
221 8999 000; 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-2020-0968.
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-
0968; 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 AD, 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: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3225; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0155, dated July 14, 2020
(``EASA AD 2020-0155'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-251N and -271N airplanes;
Model A321-251N, -271N, -272N, -252NX, and -271NX airplanes; Model
A330-243 airplanes; Model A330-343 airplanes; Model A330-941 airplanes;
and Model A350-941 and -1041 airplanes.
This AD was prompted by reports of RDUs found undocked from the
hosting DDSs caused by incorrect RDU installation or damage to the DDS.
The FAA is issuing this AD to address undocked RDUs, which could lead
to detachment of an RDU, possibly resulting in injury to airplane
occupants. See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2020-0155 describes procedures for removal of the RDUs or
implementation of an operational restriction, and a one-time inspection
of the RDU installation onto the DDS and, depending on findings,
accomplishment of applicable corrective actions. Corrective actions
include repair or replacement of the DDS, reinstallation or replacement
of the RDU, and realignment of the RDU and DDS. 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
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 issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0155 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 2020-0155
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0155 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this 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 2020-0155 that is
required for compliance with EASA AD 2020-0155 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0968.
FAA's Justification and Determination of the Effective Date
There are currently no domestic operators of these products.
Therefore, the FAA finds that notice and opportunity for prior public
comment are unnecessary and that good cause exists for making this
amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any
[[Page 70053]]
written relevant data, views, or arguments about this AD. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-0968; Project Identifier MCAI-2020-00974-T'' at
the beginning of your comments. The most helpful comments reference a
specific portion of the proposal, explain the reason for any
recommended change, and include supporting data. 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 consider all comments received by the closing date and may amend
this AD based on those comments.
The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this AD.
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 AD 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 AD, 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 AD. 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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $0 $85 per RDU.
$85 per RDU.
------------------------------------------------------------------------
The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
AD.
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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-22-08 Airbus SAS: Amendment 39-21304; Docket No. FAA-2020-0968;
Project Identifier MCAI-2020-00974-T.
(a) Effective Date
This AD becomes effective November 19, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS airplanes identified in paragraphs
(c)(1) through (6) of this AD, certificated in any category, as
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0155, dated July 14, 2020 (``EASA AD 2020-0155'').
(1) Model A320-251N and -271N airplanes.
(2) Model A321-251N, -271N, -272N, -252NX, and -271NX airplanes.
(3) Model A330-243 airplanes.
(4) Model A330-343 airplanes.
(5) Model A330-941 airplanes.
(6) Model A350-941 and -1041 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 23,
Communications; 44, Cabin systems.
(e) Reason
This AD was prompted by reports of removable display units
(RDUs) found undocked from the hosting display docking stations
(DDS). The FAA is issuing this AD to address undocked RDUs, which
could lead to detachment of an RDU, possibly resulting in injury to
airplane occupants.
[[Page 70054]]
(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 2020-0155.
(h) Exceptions to EASA AD 2020-0155
(1) Where EASA AD 2020-0155 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0155 does not apply
to this AD.
(3) Where the EASA AD specifies ``any discrepancies,'' those
discrepancies include damage or deformity to the DDS tab, a jammed
butterfly latch, a RDU that does not engage easily, and a RDU that
does not latch.
(4) Where paragraph (3) of the EASA AD specifies a compliance
time of ``before next flight,'' that compliance time does not apply
to this AD.
(5) Where AOT A44P001-20-00 and A23L001-20-00, as specified in
EASA AD 2020-0155, specify the gap must be equal to or greater than
4.2mm, for this AD, the gap must be greater than 4.0mm.
(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) 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 2020-0155 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 Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax: 206-231-3225; email: [email protected].
(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 Union Aviation Safety Agency (EASA) AD 2020-0155,
dated July 14, 2020.
(ii) [Reserved]
(3) For information about EASA AD 2020-0155, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; 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, 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-2020-0968.
(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
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-24345 Filed 11-3-20; 8:45 am]
BILLING CODE 4910-13-P