81 FR 53255 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 156 (August 12, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53255-53261 | |
| FR Document | 2016-18169 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Rules and Regulations] [Pages 53255-53261] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18169] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3989; Directorate Identifier 2014-NM-250-AD; Amendment 39-18600; AD 2016-16-02] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by reports of premature aging of certain passenger chemical oxygen generators that resulted in the generators failing to activate. This AD requires an inspection to determine if certain passenger chemical oxygen generators are installed and replacement of affected passenger chemical oxygen generators. We are issuing this AD to prevent failure of the passenger chemical oxygen generator to activate and consequently not deliver oxygen during an emergency, possibly resulting in injury to the airplane occupants. DATES: This AD is effective September 16, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 16, 2016. ADDRESSES: For Airbus service information identified in this final rule, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. For B/E Aerospace service information identified in this final rule, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; telephone: 913-338-9800; fax: 913-469-8419; Internet: http://beaerospace.com/home/globalsupport. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3989. [[Page 53256]] Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3989; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM published in the Federal Register on October 19, 2015 (80 FR 63136) (``the NPRM''). The NPRM was prompted by reports of premature aging of certain passenger chemical oxygen generators that resulted in the generators failing to activate. The NPRM proposed to require an inspection to determine if certain passenger chemical oxygen generators are installed and replacement of affected passenger chemical oxygen generators. We are issuing this AD to prevent failure of the passenger chemical oxygen generator to activate and consequently not deliver oxygen during an emergency, possibly resulting in injury to the airplane occupants. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0117, dated June 24, 2015; corrected August 7, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''); to correct an unsafe condition for all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states: Reports have been received indicating premature ageing of certain chemical oxygen generators, Part Number (P/N) 117042-XX (XX representing any numerical value), manufactured by B/E Aerospace. Some operators reported that when they tried to activate generators, some older units failed to activate. Given the number of failed units reported, all generators manufactured in 1999, 2000 and 2001 were considered unreliable. This condition, if not corrected, could lead to failure of the generator to activate and consequently not deliver oxygen during an emergency, possibly resulting in injury to aeroplane occupants. To address this potential unsafe condition, Airbus issued Alert Operators Transmission (AOT) A35N006-14, making reference to B/E Aerospace Service Information Letter (SIL) D1019-01 (currently at Revision 1) and B/E Aerospace Service Bulletin (SB) 117042-35-001. Consequently, EASA issued AD * * * (later revised) to require identification and replacement of the affected oxygen generators. Since EASA AD 2014-0275R1 was issued, and following new investigation results, EASA have decided to introduce a life limitation concerning all P/N 117042-XX chemical oxygen generators, manufactured by B/E Aerospace. For the reason described above, this [EASA] AD retains the requirements of the EASA AD 2014-0275R1, which is superseded, expands the scope of the [EASA] AD to include chemical oxygen generators manufactured after 2001, and requires their removal from service before exceeding 10 years since date of manufacture. This [EASA] AD is re-published to correct a template error, removing the word `Proposed' and replacing the acronym `PAD' with `AD'. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3989. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (80 FR 63136, October 19, 2015) and the FAA's response to each comment. Requests To Extend Compliance Times United Airlines (UAL) and Delta Air Lines, Inc. (DAL) requested an extension of the 30-day compliance time for the part number inspection. UAL stated that the time required for the part number inspection and the size of UAL's fleet is prohibitive to meeting the 30-day compliance time and requested that we extend the initial compliance time to 24 months. DAL stated that the time required for the part number inspection and the size of DAL's fleet is prohibitive to meeting the 30-day compliance time and requested that we extend the initial compliance time for the part number inspection to 90 days. DAL pointed out that a 90-day compliance time would allow ample time to route airplanes and schedule the required work on the first group of affected airplanes. We disagree with the requests to extend the 30-day compliance time for the part number inspection. The commenters did not provide any justification to substantiate how increasing the compliance time from 30 days to 90 days or 24 months would provide an acceptable level of safety. After considering all of the available information, we have determined that the compliance time, as proposed, represents an appropriate interval of time in which the required actions can be performed in a timely manner with the affected fleet, while still maintaining an adequate level of safety. In developing an appropriated compliance time, we considered the safety implications, parts availability, and normal maintenance schedules for timely accomplishment of the replacement, overall risk to the fleet, including the severity of the identified unsafe condition and the likelihood of the occurrence of the unsafe condition. However, under the provisions of paragraph (n)(1) of this AD, operators may apply for an extension of the compliance time by providing rationale explaining why a compliance time extension provides an acceptable level of safety. We have not changed this AD in this regard. Request To Revise Cost Estimates DAL requested that we revise the Costs of Compliance section provided in the NPRM. DAL pointed out that the cost estimate may not properly account for the number of products per airplane and that they believe the costs are significantly higher than the estimate included in the NPRM. DAL also provided revised cost estimates based on their fleet. We partially agree with the request to revise the Costs of Compliance section. We disagree that the cost estimate should be revised based on airplane configuration, findings, and associated costs based only on the DAL fleet. The configuration of each airplane and inspection findings may vary among U.S. operators. We agree that the Costs of Compliance section provided in the NPRM might not have accurately represented the actual cost. After considering the data presented by DAL, we also agree that the number of work-hours required is higher than our previous estimate. The Costs of Compliance section of this final rule has been revised accordingly. [[Page 53257]] Request To Remove Reporting Requirement UAL requested that we remove the reporting requirement in the proposed AD. UAL pointed out that reporting could expose operators to compliance risk. UAL also pointed out that they do not find any value in the information being requested by the reporting requirement. UAL stated that they will provide any feedback as requested. We disagree with the request to remove the reporting requirement. We disagree that the information requested provides no value. Reporting is necessary for the airframe manufacturer to determine the extent of the unsafe condition and any necessary follow-up actions. We have not changed this AD in this regard. Request To Reference Revised Service Information Mr. Ricardo Erazo requested that we revise the AD to reference B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015. Mr. Erazo did not provide rationale for this request. We agree with the request to revise this AD to reference B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015, and have revised this AD accordingly. B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015, clarifies references to additional service information. As a result, we have also added paragraph (m) to this AD, to give credit for actions accomplished before the effective date of this AD using B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 2014; B/E Aerospace Service Bulletin 117042-35-001, Revision 001, dated April 9, 2015; B/E Aerospace Service Bulletin 117042-35-001, Revision 002, dated May 29, 2015; or B/E Aerospace Service Bulletin 117042-35-001, Revision 003, dated June 25, 2015. Change to Service Information References We have revised paragraphs (h) and (i) of this AD to refer to Airbus AOT A35N006-14, dated December 10, 2014, including Appendix 1, as an additional appropriate source of service information for the 15- minute passenger chemical oxygen generators. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 We reviewed the following service information. Airbus AOT A35N006-14, dated December 10, 2014, including Appendix 1. B/E Aerospace Inc. Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015. This service information describes procedures to replace certain passenger chemical oxygen generators. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 953 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Part number inspection............. 4 work-hours x $85 per hour $0 $340 $324,020 = $340. Reporting.......................... 1 work-hour x $85 per hour 0 85 81,005 = $85. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary replacements that would be required based on the results of the required inspection. We have no way of determining the number of airplanes that might need these replacements: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Replacement............................ Up to 25 work-hours x $85 $390 Up to $2,515. per hour = $2,125. ---------------------------------------------------------------------------------------------------------------- Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120- 0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that [[Page 53258]] 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 We 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; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2016-16-02 Airbus: Amendment 39-18600. Docket No. FAA-2015-3989; Directorate Identifier 2014-NM-250-AD. (a) Effective Date This AD is effective September 16, 2016. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any category; all manufacturer serial numbers, except those that have embodied Airbus modification 33125 (gaseous system for all oxygen containers) in production. (1) Airbus Model A318-111, -112, -121, and -122 airplanes. (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 35, Oxygen. (e) Reason This AD was prompted by reports of premature aging of certain passenger chemical oxygen generators that resulted in the generators failing to activate. We are issuing this AD to prevent failure of the passenger chemical oxygen generator to activate and consequently not deliver oxygen during an emergency, possibly resulting in injury to the airplane occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Part Number Inspection Within 30 days after the effective date of this AD: Do a one- time inspection of passenger chemical oxygen generators, part numbers (P/N) 117042-02 (15 minutes (min)--2 masks), 117042-03 (15 min--3 masks), 117042-04 (15 min--4 masks), 117042-22 (22 min--2 masks), 117042-23 (22 min--3 masks), and 117042-24 (22 min--4 masks) to determine the date of manufacture as specified in Airbus Alert Operators Transmission (AOT) A35N006-14, dated December 10, 2014, including Appendix 1. Refer to figures 1 and 2 to paragraph (g) of this AD for the location of the date. A review of airplane maintenance records is acceptable for the inspection required by this paragraph, provided the date of manufacture can be conclusively determined by that review. [[Page 53259]] [GRAPHIC] [TIFF OMITTED] TR12AU16.004 [[Page 53260]] [GRAPHIC] [TIFF OMITTED] TR12AU16.003 (h) Replacement of Passenger Chemical Oxygen Generators Manufactured in 1999, 2000, or 2001 If, during any inspection required by paragraph (g) of this AD, any passenger chemical oxygen generator having a date of manufacture in 1999, 2000, or 2001 is found: At the applicable time specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD, remove and replace the affected passenger chemical oxygen generator with a serviceable unit, in accordance with Airbus AOT A35N006-14, dated December 10, 2014, including Appendix 1 (for 15-minute and 22-minute passenger chemical oxygen generators); or the Accomplishment Instructions of B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015 (for 15-minute passenger chemical oxygen generators). (1) For passenger chemical oxygen generators that have a date of manufacture in 1999: Within 30 days after the effective date of this AD. (2) For passenger chemical oxygen generators that have a date of manufacture in 2000: Within 6 months after the effective date of this AD. (3) For passenger chemical oxygen generators that have a date of manufacture in 2001: Within 12 months after the effective date of this AD. (i) Replacement of Passenger Chemical Oxygen Generators Manufactured in 2002 and Later If, during any inspection required by paragraph (g) of this AD, any passenger chemical oxygen generator having a date specified in table 1 to paragraph (i) of this AD is found: At the applicable time specified in table 1 to paragraph (i) of this AD, remove and replace the affected passenger chemical oxygen generator with a serviceable unit, in accordance with Airbus AOT A35N006-14, dated December 10, 2014, including Appendix 01, undated (for 15-minute and 22-minute passenger chemical oxygen generators); or the Accomplishment Instructions of B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015 (for 15-minute passenger chemical oxygen generators). Table 1 to Paragraph (i) of This AD--Replacement Compliance Times ------------------------------------------------------------------------ Year of manufacture Compliance time ------------------------------------------------------------------------ 2002............................... Within 12 months after the effective date of this AD. 2003............................... Within 16 months after the effective date of this AD. 2004............................... Within 20 months after the effective date of this AD. 2005............................... Within 24 months after the effective date of this AD. 2006............................... Within 28 months after the effective date of this AD. [[Page 53261]] 2007............................... Within 32 months after the effective date of this AD. 2008............................... Within 36 months after the effective date of this AD. 2009............................... Before exceeding 10 years since date of manufacture of the passenger chemical oxygen generator. ------------------------------------------------------------------------ (j) Definition of Serviceable For the purpose of this AD, a serviceable unit is a passenger chemical oxygen generator having P/N 117042-XX with a manufacturing date not older than 10 years, or any other approved part number, provided that the generator has not exceeded the life limit established for that generator by the manufacturer. (k) Reporting At the applicable time specified in paragraph (k)(1) or (k)(2) of this AD, submit a report of the findings (both positive and negative) of the inspection required by paragraph (g) of this AD, in accordance with paragraph 7, ``Reporting,'' of Airbus AOT A35N006- 14, dated December 10, 2014, including Appendix 1. The report must include the information specified in Appendix 1 of Airbus AOT A35N006-14, dated December 10, 2014. (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. (l) Parts Installation Limitation As of the effective date of this AD, no person may install a passenger chemical oxygen generator, unless it is determined, prior to installation, that the oxygen generator is a serviceable unit as specified in paragraph (j) of this AD. (m) Credit for Previous Actions This paragraph provides credit for actions required by paragraphs (h) and (i) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (m)(1), (m)(2), (m)(3), or (m)(4). (1) B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 2014. (2) B/E Aerospace Service Bulletin 117042-35-001, Revision 001, dated April 9, 2015. (3) B/E Aerospace Service Bulletin 117042-35-001, Revision 002, dated May 29, 2015. (4) B/E Aerospace Service Bulletin 117042-35-001, Revision 003, dated June 25, 2015. (n) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057- 3356; telephone: 425-227-1405; fax: 425-227-1149. 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. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200. (o) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency (EASA) AD 2015-0117, dated June 24, 2015; corrected August 7, 2015; for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA- 2015-3989. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(3) and (p)(4) of this AD. (p) 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) Airbus Alert Operators Transmission A35N006-14, dated December 10, 2014, including Appendix 01, undated. (ii) B/E Aerospace Service Bulletin 117042-35-001, Revision 004, dated October 13, 2015. (3) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. For B/E Aerospace service information identified in this AD, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; telephone: 913-338-9800; fax: 913- 469-8419; Internet: http://beaerospace.com/home/globalsupport. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on July 21, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-18169 Filed 8-11-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53255
using BAE Systems (Operations) Limited (2) Service information identified in this DEPARTMENT OF TRANSPORTATION
Inspection Service Bulletin ISB.57–072, AD that is not incorporated by reference is
dated February 22, 2008; or BAE Systems available at the addresses specified in Federal Aviation Administration
(Operations) Limited Inspection Service paragraphs (p)(5) and (p)(6) of this AD.
Bulletin ISB.57–072, Revision 1, dated
September 25, 2008. (p) Material Incorporated by Reference 14 CFR Part 39
(n) Other FAA AD Provisions (1) The Director of the Federal Register [Docket No. FAA–2015–3989; Directorate
The following provisions also apply to this approved the incorporation by reference Identifier 2014–NM–250–AD; Amendment
AD: (IBR) of the service information listed in this 39–18600; AD 2016–16–02]
(1) Alternative Methods of Compliance paragraph under 5 U.S.C. 552(a) and 1 CFR
(AMOCs): The Manager, International part 51. RIN 2120–AA64
Branch, ANM–116, Transport Airplane (2) You must use this service information
Directorate, FAA, has the authority to as applicable to do the actions required by Airworthiness Directives; Airbus
approve AMOCs for this AD, if requested this AD, unless this AD specifies otherwise. Airplanes
using the procedures found in 14 CFR 39.19. (3) The following service information was
In accordance with 14 CFR 39.19, send your AGENCY: Federal Aviation
request to your principal inspector or local approved for IBR on September 16, 2016.
Administration (FAA), Department of
Flight Standards District Office, as (i) BAE Systems (Operations) Limited
Transportation (DOT).
appropriate. If sending information directly Inspection Service Bulletin ISB.57–072,
Revision 3, dated August 31, 2010. ACTION: Final rule.
to the International Branch, send it to ATTN:
Todd Thompson, Aerospace Engineer, (ii) Reserved.
International Branch, ANM–116, Transport
SUMMARY: We are adopting a new
(4) The following service information was
Airplane Directorate, FAA, 1601 Lind airworthiness directive (AD) for all
approved for IBR on June 21, 2010 (75 FR
Avenue SW., Renton, WA 98057–3356; Airbus Model A318, A319, A320, and
27419, May 17, 2010).
telephone 425–227–1175; fax 425–227–1149. (i) BAE Systems (Operations) Limited
A321 series airplanes. This AD was
Information may be emailed to: 9-ANM-116-
Inspection Service Bulletin ISB.57–072,
prompted by reports of premature aging
AMOC-REQUESTS@faa.gov. Before using of certain passenger chemical oxygen
any approved AMOC, notify your appropriate Revision 1, dated September 25, 2008.
(ii) Reserved. generators that resulted in the
principal inspector, or lacking a principal generators failing to activate. This AD
inspector, the manager of the local flight (5) For service information identified in
standards district office/certificate holding this AD, contact BAE Systems (Operations) requires an inspection to determine if
district office. Limited, Customer Information Department, certain passenger chemical oxygen
(2) Contacting the Manufacturer: As of the Prestwick International Airport, Ayrshire, generators are installed and replacement
effective date of this AD, for any requirement KA9 2RW, Scotland, United Kingdom; of affected passenger chemical oxygen
in this AD to obtain corrective actions from telephone +44 1292 675207; fax +44 1292 generators. We are issuing this AD to
a manufacturer, the action must be 675704; email RApublications@ prevent failure of the passenger
accomplished using a method approved by chemical oxygen generator to activate
baesystems.com; Internet http://
the Manager, International Branch, ANM– and consequently not deliver oxygen
116, Transport Airplane Directorate, FAA; or www.baesystems.com/Businesses/
the EASA; or BAE Systems (Operations) RegionalAircraft/index.htm. during an emergency, possibly resulting
Limited’s EASA DOA. If approved by the (6) You may view this service information in injury to the airplane occupants.
DOA, the approval must include the DOA- at the FAA, Transport Airplane Directorate, DATES: This AD is effective September
authorized signature. 1601 Lind Avenue SW., Renton, WA. For 16, 2016.
(3) Reporting Requirements: A federal information on the availability of this The Director of the Federal Register
agency may not conduct or sponsor, and a material at the FAA, call 425–227–1221. approved the incorporation by reference
person is not required to respond to, nor (7) You may view this service information of certain publications listed in this AD
shall a person be subject to a penalty for that is incorporated by reference at the
failure to comply with a collection of as of September 16, 2016.
National Archives and Records ADDRESSES: For Airbus service
information subject to the requirements of
Administration (NARA). For information on
the Paperwork Reduction Act unless that information identified in this final rule,
collection of information displays a current the availability of this material at NARA, call
contact Airbus, Airworthiness Office—
valid OMB Control Number. The OMB 202–741–6030, or go to: http://
EIAS, 1 Rond Point Maurice Bellonte,
Control Number for this information www.archives.gov/federal-register/cfr/ibr-
31707 Blagnac Cedex, France;
collection is 2120–0056. Public reporting for locations.html.
this collection of information is estimated to telephone: +33 5 61 93 36 96; fax: +33
be approximately 5 minutes per response, Issued in Renton, Washington, on July 27, 5 61 93 44 51; email: account.airworth-
including the time for reviewing instructions, 2016. eas@airbus.com; Internet: http://
completing and reviewing the collection of Victor Wicklund, www.airbus.com. For B/E Aerospace
information. All responses to this collection Acting Manager, Transport Airplane service information identified in this
of information are mandatory. Comments Directorate, Aircraft Certification Service. final rule, contact B/E Aerospace Inc.,
concerning the accuracy of this burden and 10800 Pflumm Road, Lenexa, KS 66215;
suggestions for reducing the burden should [FR Doc. 2016–18821 Filed 8–11–16; 8:45 am]
telephone: 913–338–9800; fax: 913–
be directed to the FAA at: 800 Independence BILLING CODE 4910–13–P
Ave. SW., Washington, DC 20591, Attn: 469–8419; Internet: http://
Information Collection Clearance Officer, beaerospace.com/home/globalsupport.
AES–200. You may view this referenced service
information at the FAA, Transport
(o) Related Information
Airplane Directorate, 1601 Lind Avenue
(1) Refer to Mandatory Continuing SW., Renton, WA. For information on
ehiers on DSK5VPTVN1PROD with RULES
Airworthiness Information (MCAI) EASA the availability of this material at the
Airworthiness Directive 2014–004; corrected
February 26, 2015; for related information.
FAA, call 425–227–1221. It is also
This MCAI may be found in the AD docket available on the Internet at http://
on the Internet at http://www.regulations.gov www.regulations.gov by searching for
by searching for and locating Docket No. and locating Docket No. FAA–2015–
FAA–2016–5465. 3989.
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![53256 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
Examining the AD Docket operators reported that when they tried to allow ample time to route airplanes and
activate generators, some older units failed to schedule the required work on the first
You may examine the AD docket on activate. Given the number of failed units
the Internet at http:// group of affected airplanes.
reported, all generators manufactured in
www.regulations.gov by searching for 1999, 2000 and 2001 were considered We disagree with the requests to
and locating Docket No. FAA–2015– unreliable. extend the 30-day compliance time for
3989; or in person at the Docket This condition, if not corrected, could lead the part number inspection. The
Management Facility between 9 a.m. to failure of the generator to activate and commenters did not provide any
and 5 p.m., Monday through Friday, consequently not deliver oxygen during an justification to substantiate how
except Federal holidays. The AD docket emergency, possibly resulting in injury to
aeroplane occupants. increasing the compliance time from 30
contains this AD, the regulatory days to 90 days or 24 months would
To address this potential unsafe condition,
evaluation, any comments received, and Airbus issued Alert Operators Transmission provide an acceptable level of safety.
other information. The street address for (AOT) A35N006–14, making reference to B/ After considering all of the available
the Docket Office (telephone: 800–647– E Aerospace Service Information Letter (SIL) information, we have determined that
5527) is Docket Management Facility, D1019–01 (currently at Revision 1) and B/E the compliance time, as proposed,
U.S. Department of Transportation, Aerospace Service Bulletin (SB) 117042–35– represents an appropriate interval of
Docket Operations, M–30, West 001.
Consequently, EASA issued AD * * * (later
time in which the required actions can
Building Ground Floor, Room W12–140, be performed in a timely manner with
1200 New Jersey Avenue SE., revised) to require identification and
replacement of the affected oxygen the affected fleet, while still maintaining
Washington, DC 20590. an adequate level of safety. In
generators.
FOR FURTHER INFORMATION CONTACT: Since EASA AD 2014–0275R1 was issued, developing an appropriated compliance
Sanjay Ralhan, Aerospace Engineer, and following new investigation results, time, we considered the safety
International Branch, ANM–116, EASA have decided to introduce a life implications, parts availability, and
Transport Airplane Directorate, FAA, limitation concerning all P/N 117042–XX normal maintenance schedules for
1601 Lind Avenue SW., Renton, WA chemical oxygen generators, manufactured
by B/E Aerospace. timely accomplishment of the
98057–3356; telephone: 425–227–1405; replacement, overall risk to the fleet,
fax: 425–227–1149. For the reason described above, this
[EASA] AD retains the requirements of the including the severity of the identified
SUPPLEMENTARY INFORMATION: EASA AD 2014–0275R1, which is unsafe condition and the likelihood of
Discussion superseded, expands the scope of the [EASA] the occurrence of the unsafe condition.
AD to include chemical oxygen generators However, under the provisions of
We issued a notice of proposed manufactured after 2001, and requires their paragraph (n)(1) of this AD, operators
rulemaking (NPRM) to amend 14 CFR removal from service before exceeding 10
part 39 by adding an AD that would may apply for an extension of the
years since date of manufacture.
apply to all Airbus Model A318, A319, This [EASA] AD is re-published to correct compliance time by providing rationale
A320, and A321 series airplanes. The a template error, removing the word explaining why a compliance time
NPRM published in the Federal ‘Proposed’ and replacing the acronym ‘PAD’ extension provides an acceptable level
Register on October 19, 2015 (80 FR with ‘AD’. of safety. We have not changed this AD
63136) (‘‘the NPRM’’). The NPRM was You may examine the MCAI in the in this regard.
prompted by reports of premature aging AD docket on the Internet at http:// Request To Revise Cost Estimates
of certain passenger chemical oxygen www.regulations.gov by searching for
generators that resulted in the and locating Docket No. FAA–2015– DAL requested that we revise the
generators failing to activate. The NPRM 3989. Costs of Compliance section provided in
proposed to require an inspection to the NPRM. DAL pointed out that the
Comments
determine if certain passenger chemical cost estimate may not properly account
oxygen generators are installed and We gave the public the opportunity to for the number of products per airplane
replacement of affected passenger participate in developing this AD. The and that they believe the costs are
chemical oxygen generators. We are following presents the comments significantly higher than the estimate
issuing this AD to prevent failure of the received on the NPRM (80 FR 63136, included in the NPRM. DAL also
passenger chemical oxygen generator to October 19, 2015) and the FAA’s provided revised cost estimates based
activate and consequently not deliver response to each comment. on their fleet.
oxygen during an emergency, possibly Requests To Extend Compliance Times We partially agree with the request to
resulting in injury to the airplane
United Airlines (UAL) and Delta Air revise the Costs of Compliance section.
occupants.
The European Aviation Safety Agency Lines, Inc. (DAL) requested an extension We disagree that the cost estimate
(EASA), which is the Technical Agent of the 30-day compliance time for the should be revised based on airplane
for the Member States of the European part number inspection. UAL stated that configuration, findings, and associated
Union, has issued EASA AD 2015–0117, the time required for the part number costs based only on the DAL fleet. The
dated June 24, 2015; corrected August 7, inspection and the size of UAL’s fleet is configuration of each airplane and
2015 (referred to after this as the prohibitive to meeting the 30-day inspection findings may vary among
Mandatory Continuing Airworthiness compliance time and requested that we U.S. operators. We agree that the Costs
Information, or ‘‘the MCAI’’); to correct extend the initial compliance time to 24 of Compliance section provided in the
an unsafe condition for all Airbus months. DAL stated that the time NPRM might not have accurately
Model A318, A319, A320, and A321 required for the part number inspection represented the actual cost. After
ehiers on DSK5VPTVN1PROD with RULES
series airplanes. The MCAI states: and the size of DAL’s fleet is prohibitive considering the data presented by DAL,
to meeting the 30-day compliance time we also agree that the number of work-
Reports have been received indicating
premature ageing of certain chemical oxygen and requested that we extend the initial hours required is higher than our
generators, Part Number (P/N) 117042–XX compliance time for the part number previous estimate. The Costs of
(XX representing any numerical value), inspection to 90 days. DAL pointed out Compliance section of this final rule has
manufactured by B/E Aerospace. Some that a 90-day compliance time would been revised accordingly.
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![53258 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
section, Congress charges the FAA with Adoption of the Amendment (d) Subject
promoting safe flight of civil aircraft in Accordingly, under the authority Air Transport Association (ATA) of
air commerce by prescribing regulations delegated to me by the Administrator, America Code 35, Oxygen.
for practices, methods, and procedures the FAA amends 14 CFR part 39 as
the Administrator finds necessary for (e) Reason
follows:
safety in air commerce. This regulation This AD was prompted by reports of
is within the scope of that authority PART 39—AIRWORTHINESS premature aging of certain passenger
because it addresses an unsafe condition DIRECTIVES chemical oxygen generators that resulted in
that is likely to exist or develop on the generators failing to activate. We are
products identified in this rulemaking ■ 1. The authority citation for part 39 issuing this AD to prevent failure of the
action. continues to read as follows: passenger chemical oxygen generator to
Authority: 49 U.S.C. 106(g), 40113, 44701. activate and consequently not deliver oxygen
Regulatory Findings during an emergency, possibly resulting in
We determined that this AD will not § 39.13 [Amended] injury to the airplane occupants.
have federalism implications under ■ 2. The FAA amends § 39.13 by adding (f) Compliance
Executive Order 13132. This AD will the following new airworthiness
not have a substantial direct effect on Comply with this AD within the
directive (AD):
the States, on the relationship between compliance times specified, unless already
2016–16–02 Airbus: Amendment 39–18600. done.
the national government and the States,
Docket No. FAA–2015–3989; Directorate
or on the distribution of power and Identifier 2014–NM–250–AD. (g) Part Number Inspection
responsibilities among the various
levels of government. (a) Effective Date Within 30 days after the effective date of
For the reasons discussed above, I This AD is effective September 16, 2016. this AD: Do a one-time inspection of
certify that this AD: passenger chemical oxygen generators, part
(b) Affected ADs numbers (P/N) 117042–02 (15 minutes
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866; None. (min)—2 masks), 117042–03 (15 min—3
2. Is not a ‘‘significant rule’’ under the (c) Applicability masks), 117042–04 (15 min—4 masks),
DOT Regulatory Policies and Procedures 117042–22 (22 min—2 masks), 117042–23
This AD applies to the airplanes identified
(44 FR 11034, February 26, 1979); (22 min—3 masks), and 117042–24 (22 min—
in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4)
3. Will not affect intrastate aviation in of this AD; certificated in any category; all 4 masks) to determine the date of
Alaska; and manufacturer serial numbers, except those manufacture as specified in Airbus Alert
4. Will not have a significant that have embodied Airbus modification Operators Transmission (AOT) A35N006–14,
economic impact, positive or negative, 33125 (gaseous system for all oxygen dated December 10, 2014, including
on a substantial number of small entities containers) in production. Appendix 1. Refer to figures 1 and 2 to
under the criteria of the Regulatory (1) Airbus Model A318–111, –112, –121, paragraph (g) of this AD for the location of
and –122 airplanes. the date. A review of airplane maintenance
Flexibility Act. (2) Airbus Model A319–111, –112, –113, records is acceptable for the inspection
List of Subjects in 14 CFR Part 39 –114, –115, –131, –132, and –133 airplanes.
required by this paragraph, provided the date
(3) Airbus Model A320–211, –212, –214,
Air transportation, Aircraft, Aviation –231, –232, and –233 airplanes. of manufacture can be conclusively
safety, Incorporation by reference, (4) Airbus Model A321–111, –112, –131, determined by that review.
Safety. –211, –212, –213, –231, and –232 airplanes.
ehiers on DSK5VPTVN1PROD with RULES
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![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53261
TABLE 1 TO PARAGRAPH (i) OF THIS AD—REPLACEMENT COMPLIANCE TIMES—Continued
Year of Compliance time
manufacture
2007 .................. Within 32 months after the effective date of this AD.
2008 .................. Within 36 months after the effective date of this AD.
2009 .................. Before exceeding 10 years since date of manufacture of the passenger chemical oxygen generator.
(j) Definition of Serviceable In accordance with 14 CFR 39.19, send your available at the addresses specified in
For the purpose of this AD, a serviceable request to your principal inspector or local paragraphs (p)(3) and (p)(4) of this AD.
unit is a passenger chemical oxygen Flight Standards District Office, as
appropriate. If sending information directly (p) Material Incorporated by Reference
generator having P/N 117042–XX with a
manufacturing date not older than 10 years, to the International Branch, send it to ATTN: (1) The Director of the Federal Register
or any other approved part number, provided Sanjay Ralhan, Aerospace Engineer, approved the incorporation by reference
that the generator has not exceeded the life International Branch, ANM–116, Transport (IBR) of the service information listed in this
limit established for that generator by the Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356; paragraph under 5 U.S.C. 552(a) and 1 CFR
manufacturer. part 51.
telephone: 425–227–1405; fax: 425–227–
(k) Reporting 1149. Information may be emailed to: 9- (2) You must use this service information
At the applicable time specified in ANM-116-AMOC-REQUESTS@faa.gov. as applicable to do the actions required by
paragraph (k)(1) or (k)(2) of this AD, submit Before using any approved AMOC, notify this AD, unless this AD specifies otherwise.
a report of the findings (both positive and your appropriate principal inspector, or (i) Airbus Alert Operators Transmission
negative) of the inspection required by lacking a principal inspector, the manager of A35N006–14, dated December 10, 2014,
paragraph (g) of this AD, in accordance with the local flight standards district office/ including Appendix 01, undated.
paragraph 7, ‘‘Reporting,’’ of Airbus AOT certificate holding district office. The AMOC (ii) B/E Aerospace Service Bulletin
A35N006–14, dated December 10, 2014, approval letter must specifically reference
117042–35–001, Revision 004, dated October
including Appendix 1. The report must this AD.
(2) Contacting the Manufacturer: For any 13, 2015.
include the information specified in
requirement in this AD to obtain corrective (3) For Airbus service information
Appendix 1 of Airbus AOT A35N006–14,
dated December 10, 2014. actions from a manufacturer, the action must identified in this AD, contact Airbus,
(1) If the inspection was done on or after be accomplished using a method approved Airworthiness Office—EIAS, 1 Rond Point
the effective date of this AD: Submit the by the Manager, International Branch, ANM– Maurice Bellonte, 31707 Blagnac Cedex,
report within 30 days after the inspection. 116, Transport Airplane Directorate, FAA; or France; telephone: +33 5 61 93 36 96; fax:
(2) If the inspection was done before the the European Aviation Safety Agency +33 5 61 93 44 51; email: account.airworth-
effective date of this AD: Submit the report (EASA); or Airbus’s EASA Design eas@airbus.com; Internet: http://
within 30 days after the effective date of this Organization Approval (DOA). If approved by www.airbus.com. For B/E Aerospace service
AD. the DOA, the approval must include the
information identified in this AD, contact
DOA-authorized signature.
(l) Parts Installation Limitation (3) Reporting Requirements: A federal B/E Aerospace Inc., 10800 Pflumm Road,
As of the effective date of this AD, no agency may not conduct or sponsor, and a Lenexa, KS 66215; telephone: 913–338–9800;
person may install a passenger chemical person is not required to respond to, nor fax: 913–469–8419; Internet: http://
oxygen generator, unless it is determined, shall a person be subject to a penalty for beaerospace.com/home/globalsupport.
prior to installation, that the oxygen failure to comply with, a collection of (4) You may view this service information
generator is a serviceable unit as specified in information subject to the requirements of at the FAA, Transport Airplane Directorate,
paragraph (j) of this AD. the Paperwork Reduction Act unless that 1601 Lind Avenue SW., Renton, WA. For
collection of information displays a current information on the availability of this
(m) Credit for Previous Actions valid OMB Control Number. The OMB material at the FAA, call 425–227–1221.
This paragraph provides credit for actions Control Number for this information
(5) You may view this service information
required by paragraphs (h) and (i) of this AD, collection is 2120–0056. Public reporting for
if those actions were performed before the this collection of information is estimated to that is incorporated by reference at the
effective date of this AD using the service be approximately 5 minutes per response, National Archives and Records
information specified in paragraphs (m)(1), including the time for reviewing instructions, Administration (NARA). For information on
(m)(2), (m)(3), or (m)(4). completing and reviewing the collection of the availability of this material at NARA, call
(1) B/E Aerospace Service Bulletin information. All responses to this collection 202–741–6030, or go to: http://
117042–35–001, dated December 10, 2014. of information are mandatory. Comments www.archives.gov/federal-register/cfr/ibr-
(2) B/E Aerospace Service Bulletin concerning the accuracy of this burden and locations.html.
117042–35–001, Revision 001, dated April 9, suggestions for reducing the burden should
2015. be directed to the FAA at: 800 Independence Issued in Renton, Washington, on July 21,
(3) B/E Aerospace Service Bulletin Ave. SW., Washington, DC 20591, Attn: 2016.
117042–35–001, Revision 002, dated May 29, Information Collection Clearance Officer, Michael Kaszycki,
2015. AES–200.
Acting Manager, Transport Airplane
(4) B/E Aerospace Service Bulletin
(o) Related Information Directorate, Aircraft Certification Service.
117042–35–001, Revision 003, dated June 25,
2015. (1) Refer to Mandatory Continuing [FR Doc. 2016–18169 Filed 8–11–16; 8:45 am]
Airworthiness Information (MCAI) European BILLING CODE 4910–13–P
(n) Other FAA AD Provisions Aviation Safety Agency (EASA) AD 2015–
The following provisions also apply to this 0117, dated June 24, 2015; corrected August
ehiers on DSK5VPTVN1PROD with RULES
AD: 7, 2015; for related information. This MCAI
(1) Alternative Methods of Compliance may be found in the AD docket on the
(AMOCs): The Manager, International Internet at http://www.regulations.gov by
Branch, ANM–116, Transport Airplane searching for and locating Docket No. FAA–
Directorate, FAA, has the authority to 2015–3989.
approve AMOCs for this AD, if requested (2) Service information identified in this
using the procedures found in 14 CFR 39.19. AD that is not incorporated by reference is
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Document Created: 2018-02-09 11:32:52
Document Modified: 2018-02-09 11:32:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective September 16, 2016. | |
| Contact | Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-227-1149. | |
| FR Citation | 81 FR 53255 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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