Airworthiness Directives; Airbus SAS Airplanes, 15151-15154 [2021-05395]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
certificated in any category, serial numbers
4081 through 4591 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 54, Nacelles/pylons.
(e) Reason
This AD was prompted by a report that a
number of nacelle A-frames were not
manufactured in accordance with
engineering drawings. The holes in the side
brace sub-assemblies were not cold-worked
as required. As a result the side brace fitting
might not meet its fatigue life, and cracking
of the A-frame bottom flange may result. The
FAA is issuing this AD to address possible
cracking of the A-frame. This condition, if
not addressed, may lead to collapse of the
main landing gear (MLG).
jbell on DSKJLSW7X2PROD with PROPOSALS
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within the compliance time specified
in paragraph (g)(2) of this AD, do the
applicable actions specified in paragraphs
(g)(1)(i) and (ii) of this AD.
(i) For airplanes having serial numbers
4081 through 4582 inclusive: Remove the
fasteners on the nacelle A-frame side brace
sub-assemblies, do an eddy current
inspection for cracking on airplanes having
30,000 total flight cycles or more, cold-work
the holes, and install oversize fasteners, in
accordance with Part A of paragraph 3.B. of
the Accomplishment Instructions of De
Havilland Aircraft of Canada Limited Service
Bulletin 84–54–32, dated October 10, 2019. If
any cracking is found, before further flight,
repair the cracking using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or De Havilland Aircraft of Canada
Limited’s TCCA Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
(ii) For all airplanes: Re-identify the
reworked side brace fitting and A-frame, in
accordance with Part B of paragraph 3.B. of
the Accomplishment Instructions of De
Havilland Aircraft of Canada Limited Service
Bulletin 84–54–32, dated October 10, 2019.
(2) At the earlier of the times specified in
paragraphs (g)(2)(i) and (ii) of this AD, do the
applicable actions specified in paragraph
(g)(1) of this AD.
(i) Within 48 months or 8,000 flight hours
after the effective date of this AD, whichever
occurs first.
(ii) At the later of the times specified in
paragraphs (g)(2)(ii)(A) and (B) of this AD.
(A) Before accumulating 40,000 total flight
cycles.
(B) Within 12 months or 1,290 flight cycles
after the effective date of this AD, whichever
occurs first.
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
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the
responsible Flight Standards 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, New York ACO Branch,
FAA; or TCCA; or De Havilland Aircraft of
Canada Limited’s TCCA DAO. If approved by
the DAO, the approval must include the
DAO-authorized signature.
(i) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) TCCA AD
CF–2020–39, dated October 14, 2020, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2021–0183.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7330; fax 516–794–5531; email 9avs-nyaco-cos@faa.gov.
(3) For service information identified in
this AD, contact De Havilland Aircraft of
Canada Limited, Q-Series Technical Help
Desk, 123 Garratt Boulevard, Toronto,
Ontario M3K 1Y5, Canada; telephone 416–
375–4000; fax 416–375–4539; email thd@
dehavilland.com; internet https://
dehavilland.com. You may view this service
information 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.
Issued on March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–05352 Filed 3–19–21; 8:45 am]
BILLING CODE 4910–13–P
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
VerDate Sep<11>2014
16:27 Mar 19, 2021
Jkt 253001
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
15151
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0184; Project
Identifier MCAI–2020–01599–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, A340–200,
and A340–300 series airplanes. This
proposed AD was prompted by a report
that the auxiliary power unit (APU) aft
fuel pump printed circuit board (PCB)
varnish had deteriorated; the varnish is
one of the layers of protection against
development of an ignition source. This
proposed AD would require replacing
each affected APU aft fuel pump, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by May 6, 2021.
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 that will be incorporated
by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +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
DATES:
E:\FR\FM\22MRP1.SGM
22MRP1
15152
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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–2021–
0184.
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–2021–
0184; 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.
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
Vladimir.Ulyanov@faa.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with PROPOSALS
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0184; Project Identifier
MCAI–2020–01599–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. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those 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, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
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 NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
VerDate Sep<11>2014
16:27 Mar 19, 2021
Jkt 253001
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 Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft
Section, International Validation
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax
206–231–3229; email
Vladimir.Ulyanov@faa.gov. 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
2020–0265, dated December 2, 2020
(EASA AD 2020–0265) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A330–201,
A330–202, A330–203, A330–223, A330–
243, A330–223F, A330–243F, A330–
301, A330–302, A330–303, A330–321,
A330–322, A330–323, A330–341, A330–
342, A330–343, A340–211, A340–212,
A340–213, A340–311, A340–312, and
A340–313 airplanes.
This proposed AD was prompted by
a report that the APU aft fuel pump PCB
varnish had deteriorated. The varnish is
one of the layers of protection against
development of an ignition source. The
root cause for the varnish deterioration
is unknown, but suspected to be linked
to aging. The FAA is proposing this AD
to address PCB varnish deterioration.
This condition, if not addressed, could,
in case of a spark or flame in the area
of the pump PCB, result in a fire or
explosion and consequent loss of the
airplane. See the MCAI for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0265 describes
procedures for replacing each affected
APU aft fuel pump. 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
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
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 2020–0265 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
2020–0265 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0265
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
2020–0265 that is required for
compliance with EASA AD 2020–0265
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0184 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 112 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
E:\FR\FM\22MRP1.SGM
22MRP1
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
15153
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
4 work-hours × $85 per hour = $340 ..........................................................................................
$7,000
$7,340
$822,080
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
operators. The FAA does not control
warranty coverage for affected operators.
As a result, the FAA has included all
known costs in the cost estimate.
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
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.
jbell on DSKJLSW7X2PROD with PROPOSALS
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
VerDate Sep<11>2014
19:01 Mar 19, 2021
Jkt 253001
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:
■
Airbus SAS: Docket No. FAA–2021–0184;
Project Identifier MCAI–2020–01599–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by May 6,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes, certificated in any category,
specified in paragraphs (c)(1) through (5) of
this AD.
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–223F and –243F airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A340–211, –212, and –213
airplanes.
(5) Model A340–311, –312, and –313
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel system.
(e) Reason
This AD was prompted by a report that the
auxiliary power unit (APU) aft fuel pump
printed circuit board (PCB) varnish had
deteriorated; the varnish is one of the layers
of protection against development of an
ignition source. The FAA is issuing this AD
to address PCB varnish deterioration. This
condition, if not addressed, could, in case of
a spark or flame in the area of the pump PCB,
result in a fire or explosion and consequent
loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
(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 2020–0265, dated
December 2, 2020 (EASA AD 2020–0265).
(h) Exceptions to EASA AD 2020–0265
(1) Where EASA AD 2020–0265 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0265 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0265 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 responsible Flight
Standards 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 responsible
Flight Standards 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): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
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
E:\FR\FM\22MRP1.SGM
22MRP1
15154
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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–
0265, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+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. 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–2021–0184.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
Vladimir.Ulyanov@faa.gov.
Issued on March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–05395 Filed 3–19–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Parts 655 and 656
[Docket No. ETA–2020–0006]
RIN 1205–AC00
Strengthening Wage Protections for
the Temporary and Permanent
Employment of Certain Immigrants and
Non-Immigrants in the United States:
Proposed Delay of Effective and
Transition Dates
Employment and Training
Administration, Department of Labor.
ACTION: Proposed delay of effective and
transition dates; request for comments.
AGENCY:
On March 12, 2021, the
Department of Labor (Department or
DOL) published a final rule delaying the
effective date of the rule entitled
Strengthening Wage Protections for the
Temporary and Permanent Employment
of Certain Aliens in the United States
(the rule or Final Rule), published in the
Federal Register on January 14, 2021,
from March 15, 2021 until May 14,
2021. This action proposes to further
delay the effective date of the rule by
eighteen months or until November 14,
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:27 Mar 19, 2021
Jkt 253001
2022, along with corresponding
proposed delays to the rule’s transition
dates. This additional delay will
provide a sufficient amount of time to
thoroughly consider the legal and policy
issues raised in the rule, and offer the
public, through the issuance of a
separate Request for Information, an
opportunity to provide information on
the sources and methods for
determining prevailing wage levels
covering employment opportunities that
United States (U.S.) employers seek to
fill with foreign workers on a permanent
or temporary basis through certain
employment-based immigrant visas or
through H–1B, H–1B1, or E–3
nonimmigrant visas. This proposed
delay will also provide agency officials
with a sufficient amount of time to
compute and validate prevailing wage
data covering specific occupations and
geographic areas, complete and
thoroughly test system modifications,
train staff, and conduct public outreach
to ensure an effective and orderly
implementation of any revisions to the
prevailing wage levels.
DATES: The Department invites written
comments on the proposed delayed
effective date and transition dates from
interested parties. Written comments
must be received by April 21, 2021.
ADDRESSES: You may submit written
comments electronically by the
following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Instructions. Include the docket
number ETA–2020–0006 in your
comments. All comments received will
be posted without change to https://
www.regulations.gov. Please do not
include any personally identifiable or
confidential business information you
do not want publicly disclosed.
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, Department of Labor,
200 Constitution Avenue NW, Room N–
5311, Washington, DC 20210, telephone:
(202) 693–8200 (this is not a toll-free
number). Individuals with hearing or
speech impairments may access the
telephone numbers above via TTY/TDD
by calling the toll-free Federal
Information Relay Service at 1 (877)
889–5627.
SUPPLEMENTARY INFORMATION:
I. Background
On January 14, 2021 (86 FR 3608), the
Department published a final rule in the
Federal Register, which adopted
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
changes to an interim final rule (IFR),
published on October 8, 2020 (85 FR
63872), that amended Employment and
Training Administration (ETA)
regulations governing the prevailing
wages for employment opportunities
that U.S. employers seek to fill with
foreign workers on a permanent or
temporary basis through certain
employment-based immigrant visas or
through H–1B, H–1B1, or E–3
nonimmigrant visas. Specifically, the
IFR amended the Department’s
regulations governing permanent
(PERM) labor certifications and Labor
Condition Applications (LCAs) to
incorporate changes to the computation
of wage levels under the Department’s
four-tiered wage structure based on the
Occupational Employment Statistics
(OES) wage survey administered by the
Bureau of Labor Statistics (BLS). A
general overview of the labor
certification and prevailing wage
process as well as further background
on the rulemaking is available in the
Department’s Final Rule, as published
in the Federal Register on January 14,
2021, and will not be restated herein. 86
FR 3608, 3608–3611.
Although the Final Rule contained an
effective date of March 15, 2021, the
Department also included two sets of
transition periods under which
adjustments to the new wage levels will
not begin until July 1, 2021. 86 FR 3608,
3642. For most job opportunities, the
transition would occur in two steps and
conclude on July 1, 2022. For job
opportunities that will be filled by
workers who are the beneficiary of an
approved Immigrant Petition for Alien
Worker, or successor form, or are
eligible for an extension of their H–1B
status under sections 106(a) and (b) of
the American Competitiveness in the
Twenty-first Century Act of 2000, Public
Law 106–313, as amended by the 21st
Century Department of Justice
Appropriations Authorization Act,
Public Law 107–273 (2002), the
transition would occur in four steps and
conclude on July 1, 2024. 86 FR 3608,
3660.
On February 1, 2021 (86 FR 7656), the
Department published a notice of
proposed rulemaking (NPRM) in the
Federal Register (60-day NPRM)
proposing to delay the effective date of
the Final Rule for 60 days. The
Department based the action on the
Presidential directive as expressed in
the memorandum of January 20, 2021,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review.’’ The
memorandum directs agencies to
consider delaying the effective date for
regulations for the purpose of reviewing
E:\FR\FM\22MRP1.SGM
22MRP1
]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Proposed Rules]
[Pages 15151-15154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05395]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0184; Project Identifier MCAI-2020-01599-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, and A340-300 series airplanes. This proposed AD was prompted by a
report that the auxiliary power unit (APU) aft fuel pump printed
circuit board (PCB) varnish had deteriorated; the varnish is one of the
layers of protection against development of an ignition source. This
proposed AD would require replacing each affected APU aft fuel pump, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation 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 May 6,
2021.
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 that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +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
[[Page 15152]]
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-2021-0184.
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-2021-
0184; 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.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3229;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0184; Project Identifier
MCAI-2020-01599-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. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those 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, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed 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 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
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3229; email
[email protected]. 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 2020-0265, dated December 2, 2020
(EASA AD 2020-0265) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A330-201, A330-202, A330-203, A330-223, A330-
243, A330-223F, A330-243F, A330-301, A330-302, A330-303, A330-321,
A330-322, A330-323, A330-341, A330-342, A330-343, A340-211, A340-212,
A340-213, A340-311, A340-312, and A340-313 airplanes.
This proposed AD was prompted by a report that the APU aft fuel
pump PCB varnish had deteriorated. The varnish is one of the layers of
protection against development of an ignition source. The root cause
for the varnish deterioration is unknown, but suspected to be linked to
aging. The FAA is proposing this AD to address PCB varnish
deterioration. This condition, if not addressed, could, in case of a
spark or flame in the area of the pump PCB, result in a fire or
explosion and consequent loss of the airplane. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0265 describes procedures for replacing each affected
APU aft fuel pump. 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 2020-0265 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 2020-0265
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0265 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 2020-0265 that is required for compliance with EASA AD 2020-
0265 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0184 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 112 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 15153]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340........................... $7,000 $7,340 $822,080
----------------------------------------------------------------------------------------------------------------
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 operators. The FAA does not control warranty
coverage for affected operators. 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
Airbus SAS: Docket No. FAA-2021-0184; Project Identifier MCAI-2020-
01599-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by May 6, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes, certificated in any
category, specified in paragraphs (c)(1) through (5) of this AD.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A340-211, -212, and -213 airplanes.
(5) Model A340-311, -312, and -313 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel system.
(e) Reason
This AD was prompted by a report that the auxiliary power unit
(APU) aft fuel pump printed circuit board (PCB) varnish had
deteriorated; the varnish is one of the layers of protection against
development of an ignition source. The FAA is issuing this AD to
address PCB varnish deterioration. This condition, if not addressed,
could, in case of a spark or flame in the area of the pump PCB,
result in a fire or explosion and consequent loss 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
2020-0265, dated December 2, 2020 (EASA AD 2020-0265).
(h) Exceptions to EASA AD 2020-0265
(1) Where EASA AD 2020-0265 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0265 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0265
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 responsible Flight
Standards 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
responsible Flight Standards 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): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those 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
[[Page 15154]]
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 2020-0265, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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. 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-
2021-0184.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3229; email [email protected].
Issued on March 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-05395 Filed 3-19-21; 8:45 am]
BILLING CODE 4910-13-P
