81 FR 63691 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63691-63694 | |
| FR Document | 2016-22178 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Rules and Regulations] [Pages 63691-63694] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22178] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9108; Directorate Identifier 2016-NM-133-AD; Amendment 39-18655; AD 2016-19-06] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200, Model A330-300, Model A340-200, and Model A340- 300 series airplanes. This AD requires an inspection to determine the part number and serial number of certain escape slides on the left and right sides of the airplane, and replacement if necessary. This AD was prompted by a report indicating that the aspirator on certain escape slides might have been damaged because of incorrect packing during overhaul. We are issuing this AD to detect and correct damaged aspirators on escape slides. Failure of an aspirator to inflate an escape slide could prevent deployment of the escape slide during an emergency, possibly resulting in reduced evacuation capacity from the airplane and consequent injury to occupants. DATES: This AD becomes effective October 3, 2016. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 3, 2016. We must receive comments on this AD by October 31, 2016. 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 http://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: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this final rule, contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. 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-2016- 9108. 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-2016- 9108; or in person at the Docket Operations office 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 Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0137R1, dated July 21, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus Model A330-200 Freighter, Model A330-200, Model A330-300, Model A340-200, and Model A340-300 series airplanes. The MCAI states: It has been reported that some door 3, Type 1, escape slides Part Number (P/N) 7A1509-series may have sustained damage to the slide aspirator, due to an incorrect packing during last overhaul. This damage affects the air inlet end of the slide aspirator by either permanently deforming the inlet, or leading to cracks in the supply line to the aspirator nozzle. This condition, if not detected and corrected, could lead to failure of the slide aspirator to perform its intended function to inflate the evacuation slide, preventing slide deployment during an emergency, possibly resulting in reduced evacuation capacity from the aeroplane and consequent injury to occupants. Prompted by these findings, Airbus issued Alert Operators Transmission (AOT) A25L009-16 to provide instructions to identify and replace the affected slides. Consequently, EASA issued AD 2016-0137, requiring identification of the door 3, Type 1, slide installed on the aeroplane, and, depending on findings, the replacement of the slide with a serviceable part. Since that [EASA] AD was issued, it was identified that affected slides cannot be installed on aeroplanes embodying optional Airbus mod 40161. For the reason described above, this [EASA] AD is revised to reduce the Applicability, by excluding aeroplanes that have embodied Airbus mod 40161 in production. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9108. Related Service Information Under 1 CFR Part 51 Airbus has issued Alert Operators Transmission A25L009-16, dated July 7, 2016. The service information describes procedures for the identifying the part number and serial number of door 3, Type 1, escape slides and replacing the escape slides. 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. [[Page 63692]] FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of these same type designs. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure of an aspirator to inflate a door 3, Type 1, escape slide could prevent deployment of the escape slide during an emergency, possibly resulting in reduced evacuation capacity from the airplane and consequent injury to occupants. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9108; Directorate Identifier 2016-NM-133-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance We estimate that this AD affects 104 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 ---------------------------------------------------------------------------------------------------------------- Inspection.......................... 1 work-hour x $85 per $0 $85 $8,840 hour = $85. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary replacement that will be required based on the results of the inspection. We have no way of determining the number of airplanes that might need this replacement: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement.................................. 2 work-hours x $85 per hour = $45,000 $45,170 $170. ---------------------------------------------------------------------------------------------------------------- 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 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): 2016-19-06 Airbus: Amendment 39-18655; Docket No. FAA-2016-9108; Directorate Identifier 2016-NM-133-AD. [[Page 63693]] (a) Effective Date This AD becomes effective October 3, 2016. (b) Affected ADs None. (c) Applicability This AD applies to the Airbus airplanes, certificated in any category, identified in paragraphs (c)(1) through (c)(4) of this AD, all manufacturer serial numbers, except those that have embodied Airbus Modification 40161 in production. (1) Airbus Model A330-201, -202, -203, -223, and -243 airplanes. (2) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, - 342, and -343 airplanes. (3) Airbus Model A340-211, -212, and -213 airplanes. (4) Airbus Model A340-311, -312, and -313 airplanes. (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/ Furnishings. (e) Reason This AD was prompted by a report indicating that the aspirator on certain door 3, Type 1, escape slides might have been damaged because of incorrect packing during overhaul. We are issuing this AD to detect and correct damaged aspirators on door 3, Type 1, escape slides. Failure of an aspirator to inflate a door 3, Type 1, escape slide could prevent deployment of the escape slide during an emergency, possibly resulting in reduced evacuation capacity from the airplane and consequent injury to occupants. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection To Determine Part Number and Serial Number Within 30 days after the effective date of this AD: Do an inspection to determine the part number and serial number of the door 3, Type 1, escape slides on the left and right sides of the airplane, in accordance with the instructions of Airbus Alert Operators Transmission (AOT) A25L009-16, dated July 7, 2016. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number and serial number of the door 3, Type 1, escape slides can be conclusively determined from that review. Note 1 to paragraph (g) of this AD: Airbus AOT A25L009-16, dated July 7, 2016, lists the corresponding airplane manufacturer serial numbers on which the affected slides (specified in table 1 to paragraphs (g), (i), and (j) of this AD) were re-installed after the last maintenance. That list of airplane manufacturer serial numbers is for information only because a potentially affected slide might have been removed from an airplane and later re-installed on another airplane. Table 1 to Paragraphs (g), (i), and (j) of This AD--Affected Slides ------------------------------------------------------------------------ Slide part No. Slide serial No. ------------------------------------------------------------------------ 7A1509-027........................ AD0918, AD0975, AD0979, AD1111, and AD1155. 7A1509-037........................ AD0488, AD0759, AD0942, AD0960, AD1025, AD1033, AD1034, AD1080, and AD1184. 7A1509-123........................ AD1231, AD1232, AD1450, AD1565, AD1730, AD1737, AD1805, AD1822, and AD1860. 7A1509-125........................ AD1769, AD1780, AD1781, AD1816, AD1834, AD1841, AD1862, AD1869, AD2066, AD2103, AD2104, AD2178, AD2223, AD2263, AD2279, AD2301, AD2407, AD2409, and AD2497. ------------------------------------------------------------------------ (h) Corrective Action If, during the inspection required by paragraph (g) of this AD, any door 3, Type 1, escape slide having a part number and a serial number identified in table 1 to paragraphs (g), (i), and (j) of this AD is found: At the applicable compliance time specified in paragraph (h)(1) or paragraph (h)(2) of this AD, replace each affected door 3, Type 1, escape slide with a serviceable escape slide, in accordance with the instructions of Airbus Alert Operators Transmission A25L009-16, dated July 7, 2016. (1) For affected slides on both the left and right sides of the airplane: Within 30 days after the effective date of this AD, after identification as required by paragraph (g) of this AD, replace at least one slide; and, within 10 months or 4,100 flight hours, whichever occurs first after the effective date of this AD, replace the second slide. (2) For one affected slide on either the left or right side of the airplane: Within 10 months or 4,100 flight hours, whichever occurs first after the effective date of this AD, replace the slide. (i) Serviceable Escape Slide For the purpose of this AD, a serviceable escape slide is a brand new escape slide or one that has a part number and serial number identified in table 1 to paragraphs (g), (i) and (j) of this AD and was overhauled after May 1, 2016. (j) Parts Installation Limitation As of the effective date of this AD, an affected slide having a part number and serial number identified in table 1 to paragraphs (g), (i), and (j) of this AD may be installed on any airplane at the door 3, Type 1, position, provided it can be positively determined that the slide was overhauled after May 1, 2016. (k) 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 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. (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. (l) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0137R1, dated July 21, 2016, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9108. (m) 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 A25L009-16, dated July 7, 2016. (ii) Reserved. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For [[Page 63694]] 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 September 6, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-22178 Filed 9-15-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63691
Corporation, Teterboro Airport, P.O. Box of a certain publication listed in this AD Discussion
2000, South Hackensack, NJ 07606; as of October 3, 2016.
telephone 201–440–6700; Internet http:// We must receive comments on this The European Aviation Safety Agency
www.dassaultfalcon.com. (EASA), which is the Technical Agent
(5) You may view this service information AD by October 31, 2016.
for the Member States of the European
at the FAA, Transport Airplane Directorate, ADDRESSES: You may send comments,
Union, has issued EASA Airworthiness
1601 Lind Avenue SW., Renton, WA. For using the procedures found in 14 CFR
information on the availability of this
Directive 2016–0137R1, dated July 21,
11.43 and 11.45, by any of the following 2016 (referred to after this as the
material at the FAA, call 425–227–1221. methods:
(6) You may view this service information Mandatory Continuing Airworthiness
that is incorporated by reference at the • Federal eRulemaking Portal: Go to Information, or ‘‘the MCAI’’), to correct
National Archives and Records http://www.regulations.gov. Follow the an unsafe condition for certain Airbus
Administration (NARA). For information on instructions for submitting comments. Model A330–200 Freighter, Model
the availability of this material at NARA, call • Fax: 202–493–2251. A330–200, Model A330–300, Model
202–741–6030, or go to http:// • Mail: U.S. Department of A340–200, and Model A340–300 series
www.archives.gov/federal-register/cfr/ibr- Transportation, Docket Operations, M–
locations.html.
airplanes. The MCAI states:
30, West Building Ground Floor, Room
Issued in Renton, Washington, on It has been reported that some door 3, Type
W12–140, 1200 New Jersey Avenue SE.,
September 7, 2016. 1, escape slides Part Number (P/N) 7A1509-
Washington, DC 20590. series may have sustained damage to the
Michael Kaszycki, • Hand Delivery: U.S. Department of slide aspirator, due to an incorrect packing
Acting Manager, Transport Airplane Transportation, Docket Operations, M– during last overhaul. This damage affects the
Directorate, Aircraft Certification Service. 30, West Building Ground Floor, Room air inlet end of the slide aspirator by either
[FR Doc. 2016–22177 Filed 9–15–16; 8:45 am] W12–140, 1200 New Jersey Avenue SE., permanently deforming the inlet, or leading
BILLING CODE 4910–13–P Washington, DC, between 9 a.m. and 5 to cracks in the supply line to the aspirator
p.m., Monday through Friday, except nozzle.
Federal holidays. This condition, if not detected and
DEPARTMENT OF TRANSPORTATION For service information identified in corrected, could lead to failure of the slide
this final rule, contact Airbus SAS, aspirator to perform its intended function to
Federal Aviation Administration inflate the evacuation slide, preventing slide
Airworthiness Office—EAL, 1 Rond
Point Maurice Bellonte, 31707 Blagnac deployment during an emergency, possibly
14 CFR Part 39 resulting in reduced evacuation capacity
Cedex, France; telephone +33 5 61 93 36
[Docket No. FAA–2016–9108; Directorate 96; fax +33 5 61 93 45 80; email from the aeroplane and consequent injury to
Identifier 2016–NM–133–AD; Amendment occupants.
airworthiness.A330–A340@airbus.com;
39–18655; AD 2016–19–06] Prompted by these findings, Airbus issued
Internet http://www.airbus.com. You
Alert Operators Transmission (AOT)
RIN 2120–AA64 may view this referenced service A25L009–16 to provide instructions to
information at the FAA, Transport identify and replace the affected slides.
Airworthiness Directives; Airbus Airplane Directorate, 1601 Lind Avenue Consequently, EASA issued AD 2016–
Airplanes SW., Renton, WA. For information on 0137, requiring identification of the door 3,
the availability of this material at the Type 1, slide installed on the aeroplane, and,
AGENCY: Federal Aviation
FAA, call 425–227–1221. It is also depending on findings, the replacement of
Administration (FAA), DOT.
available on the Internet at http:// the slide with a serviceable part.
ACTION: Final rule; request for
www.regulations.gov by searching for Since that [EASA] AD was issued, it was
comments. and locating Docket No. FAA–2016– identified that affected slides cannot be
SUMMARY: We are adopting a new 9108. installed on aeroplanes embodying optional
Airbus mod 40161.
airworthiness directive (AD) for certain Examining the AD Docket For the reason described above, this
Airbus Model A330–200, Model A330– [EASA] AD is revised to reduce the
300, Model A340–200, and Model You may examine the AD docket on
the Internet at http:// Applicability, by excluding aeroplanes that
A340–300 series airplanes. This AD have embodied Airbus mod 40161 in
requires an inspection to determine the www.regulations.gov by searching for
production.
part number and serial number of and locating Docket No. FAA–2016–
certain escape slides on the left and 9108; or in person at the Docket You may examine the MCAI on the
right sides of the airplane, and Operations office between 9 a.m. and 5 Internet at http://www.regulations.gov
replacement if necessary. This AD was p.m., Monday through Friday, except by searching for and locating Docket No.
prompted by a report indicating that the Federal holidays. The AD docket FAA–2016–9108.
aspirator on certain escape slides might contains this AD, the regulatory
evaluation, any comments received, and Related Service Information Under 1
have been damaged because of incorrect
other information. The street address for CFR Part 51
packing during overhaul. We are issuing
this AD to detect and correct damaged the Docket Operations office (telephone
Airbus has issued Alert Operators
aspirators on escape slides. Failure of an 800–647–5527) is in the ADDRESSES
Transmission A25L009–16, dated July 7,
aspirator to inflate an escape slide could section. Comments will be available in
2016. The service information describes
prevent deployment of the escape slide the AD docket shortly after receipt.
procedures for the identifying the part
during an emergency, possibly resulting FOR FURTHER INFORMATION CONTACT: number and serial number of door 3,
in reduced evacuation capacity from the Vladimir Ulyanov, Aerospace Engineer, Type 1, escape slides and replacing the
Lhorne on DSK30JT082PROD with RULES
airplane and consequent injury to International Branch, ANM–116, escape slides. This service information
occupants. Transport Airplane Directorate, FAA, is reasonably available because the
DATES: This AD becomes effective 1601 Lind Avenue SW., Renton, WA interested parties have access to it
October 3, 2016. 98057–3356; telephone 425–227–1138; through their normal course of business
The Director of the Federal Register fax 425–227–1149. or by the means identified in the
approved the incorporation by reference SUPPLEMENTARY INFORMATION: ADDRESSES section.
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FAA’s Determination and Requirements and comment prior to adoption of this Include ‘‘Docket No. FAA–2016–9108;
of This AD rule because failure of an aspirator to Directorate Identifier 2016–NM–133–
This product has been approved by inflate a door 3, Type 1, escape slide AD’’ at the beginning of your comments.
the aviation authority of another could prevent deployment of the escape We specifically invite comments on the
country, and is approved for operation slide during an emergency, possibly overall regulatory, economic,
in the United States. Pursuant to our resulting in reduced evacuation capacity environmental, and energy aspects of
bilateral agreement with the State of from the airplane and consequent injury this AD. We will consider all comments
Design Authority, we have been notified to occupants. Therefore, we determined received by the closing date and may
of the unsafe condition described in the that notice and opportunity for public amend this AD based on those
MCAI and service information comment before issuing this AD are comments.
referenced above. We are issuing this impracticable and that good cause exists We will post all comments we
AD because we evaluated all pertinent for making this amendment effective in receive, without change, to http://
information and determined the unsafe fewer than 30 days. www.regulations.gov, including any
condition exists and is likely to exist or Comments Invited personal information you provide. We
develop on other products of these same will also post a report summarizing each
type designs. This AD is a final rule that involves substantive verbal contact we receive
requirements affecting flight safety, and about this AD.
FAA’s Determination of the Effective we did not precede it by notice and
Date Costs of Compliance
opportunity for public comment. We
An unsafe condition exists that invite you to send any written relevant We estimate that this AD affects 104
requires the immediate adoption of this data, views, or arguments about this AD. airplanes of U.S. registry.
AD. The FAA has found that the risk to Send your comments to an address We estimate the following costs to
the flying public justifies waiving notice listed under the ADDRESSES section. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Inspection ........................................................ 1 work-hour × $85 per hour = $85 ................. $0 $85 $8,840
We estimate the following costs to do required based on the results of the determining the number of airplanes
any necessary replacement that will be inspection. We have no way of that might need this replacement:
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Replacement ................................................................. 2 work-hours × $85 per hour = $170 ........................... $45,000 $45,170
Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39
Title 49 of the United States Code We determined that this AD will not Air transportation, Aircraft, Aviation
specifies the FAA’s authority to issue have federalism implications under safety, Incorporation by reference,
rules on aviation safety. Subtitle I, Executive Order 13132. This AD will Safety.
section 106, describes the authority of not have a substantial direct effect on Adoption of the Amendment
the FAA Administrator. ‘‘Subtitle VII: the States, on the relationship between
Aviation Programs,’’ describes in more the national government and the States, Accordingly, under the authority
detail the scope of the Agency’s or on the distribution of power and delegated to me by the Administrator,
authority. responsibilities among the various the FAA amends 14 CFR part 39 as
levels of government. follows:
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII, For the reasons discussed above, I
PART 39—AIRWORTHINESS
Part A, Subpart III, Section 44701: certify that this AD:
DIRECTIVES
General requirements.’’ Under that 1. Is not a ‘‘significant regulatory
section, Congress charges the FAA with action’’ under Executive Order 12866; ■ 1. The authority citation for part 39
promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the continues to read as follows:
air commerce by prescribing regulations DOT Regulatory Policies and Procedures Authority: 49 U.S.C. 106(g), 40113, 44701.
for practices, methods, and procedures (44 FR 11034, February 26, 1979);
the Administrator finds necessary for § 39.13 [Amended]
3. Will not affect intrastate aviation in
Lhorne on DSK30JT082PROD with RULES
safety in air commerce. This regulation Alaska; and ■ 2. The FAA amends § 39.13 by adding
is within the scope of that authority 4. Will not have a significant the following new airworthiness
because it addresses an unsafe condition economic impact, positive or negative, directive (AD):
that is likely to exist or develop on on a substantial number of small entities 2016–19–06 Airbus: Amendment 39–18655;
products identified in this rulemaking under the criteria of the Regulatory Docket No. FAA–2016–9108; Directorate
action. Flexibility Act. Identifier 2016–NM–133–AD.
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![63694 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
information on the availability of this requirements provided for at INA Unfunded Mandates Reform Act of 1995
material at the FAA, call 425–227–1221. 203(c), 8 U.S.C. 1153(c), and 22 CFR
(5) You may view this service information The Unfunded Mandates Reform Act
42.33. of 1995 (codified at 2 U.S.C. 1532)
that is incorporated by reference at the
National Archives and Records Previously, 22 CFR 42.33(b)(2) generally requires agencies to prepare a
Administration (NARA). For information on required that photographs submitted statement before proposing any rule that
the availability of this material at NARA, call with the diversity visa petition to be may result in an annual expenditure of
202–741–6030, or go to: http:// ‘‘recent.’’ 22 CFR 42.33(b)(2)(vii) only $100 million or more by State, local, or
www.archives.gov/federal-register/cfr/ibr- prohibited the wearing of sunglasses tribal governments, or by the private
locations.html. and other paraphernalia in photographs. sector. This rule will not result in any
Issued in Renton, Washington, on The Department is amending the rule by such expenditure, nor will it
September 6, 2016. adding a new subparagraph at significantly or uniquely affect small
Michael Kaszycki, § 42.33(b)(2)(iv) to require that the governments.
Acting Manager, Transport Airplane photograph be taken no more than six Small Business Regulatory Enforcement
Directorate, Aircraft Certification Service. months prior to the date of the Fairness Act of 1996
[FR Doc. 2016–22178 Filed 9–15–16; 8:45 am] submission, and amending the
This rule is not a major rule as
BILLING CODE 4910–13–P photograph requirement to prohibit
defined by 5 U.S.C. 804. The
eyeglasses. The Department is also
Department is aware of no monetary
making a minor change by replacing
effect on the U.S. economy that will
DEPARTMENT OF STATE ‘‘electronic entry form’’ with ‘‘petition’’
result from this rulemaking.
in the opening sentence of § 42.33(b)(2)
22 CFR Part 42 to be consistent with the other parts of Executive Orders 12866 and 13563
[Public Notice: 9700] § 42.33(b). The Department has reviewed this
Why is the Department promulgating rule to ensure its consistency with the
RIN 1400–AD98
this rule? regulatory philosophy and principles set
Visas: Diversity Immigrants forth in Executive Order 12866, and has
The Department receives determined that the benefits of this
AGENCY: State Department. unauthorized entries for the diversity regulation outweigh any cost. The
ACTION: Final rule. visa lottery each year, including entries Department has considered this rule in
submitted by criminal enterprises. light of Executive Order 13563 and
SUMMARY: This final rule is promulgated Requiring a new photograph be affirms that this regulation is consistent
to clarify that photographs submitted as submitted each year reduces the ability with the guidance therein. The
part of a diversity visa lottery entry for a third party to submit entries Department does not consider this rule
package must have been taken no more without an applicant’s knowledge. The to be a significant rulemaking action.
than six months before the date the added specificity also will support the
entry is made and prohibit applicants Executive Orders 12372 and 13132:
Department’s practice of automatically Federalism
from wearing eyeglasses in photographs. disqualifying any applications for which
DATES: This rule is effective on October a duplicate photograph was submitted, This regulation will not have
17, 2016. which also reduces the possibility of substantial direct effects on the States,
fraud, including fraud committed by on the relationship between the national
FOR FURTHER INFORMATION CONTACT:
criminal enterprises. government and the States, or the
Andrea Lage, Legislation and
distribution of power and
Regulations Division, Visa Services, Regulatory Findings responsibilities among the various
Bureau of Consular Affairs, Department
levels of government. The rule will not
of State, 600 19th St. NW., Washington, Administrative Procedure Act
have federalism implications warranting
DC 20006, (202) 485–7585.
This regulation is exempt from the the application of Executive Orders
SUPPLEMENTARY INFORMATION: 12372 and 13132.
Administrative Procedure Act (APA) as
What changes are in the amended rule? it involves a foreign affairs function of Executive Order 12988: Civil Justice
The Diversity Immigrant Visa Program the United States and, therefore, in Reform
is administered annually by the accordance with 5 U.S.C. 553(a)(1), is
The Department has reviewed the
Department of State (‘‘Department’’). exempt from the requirements of 5
regulation in light of sections 3(a) and
Section 203(c) of the Immigration and U.S.C. 553. Since this rulemaking is
3(b)(2) of Executive Order 12988 to
Nationality Act (INA), 8 U.S.C. 1153(c), exempt from section 553, the provisions
eliminate ambiguity, minimize
provides for a class of immigrants of 5 U.S.C. 553(d) do not apply, and this
litigation, establish clear legal
known as ‘‘diversity immigrants’’ from rulemaking is effective immediately.
standards, and reduce burden.
countries with historically low rates of Regulatory Flexibility Act/Executive
immigration to the United States. From Executive Order 13175—Consultation
Order 13272: Small Business and Coordination With Indian Tribal
millions of applicants, certain
individuals are selected through a Because this final rule is exempt from Governments
randomized computer drawing notice-and-comment rulemaking under The Department has determined that
(‘‘selectees’’) for consideration for one of 5 U.S.C. 553, it is exempt from the this rulemaking will not have tribal
the 50,000 available diversity visa Regulatory Flexibility Act (5 U.S.C. 603 implications, will not impose
Lhorne on DSK30JT082PROD with RULES
numbers. These selectees are then given and 604). Nonetheless, consistent with substantial direct compliance costs on
the opportunity to apply for a diversity the Regulatory Flexibility Act (5 U.S.C. Indian tribal governments, and will not
immigrant visa or if present in the 605(b)), the Department certifies that pre-empt tribal law. Accordingly, the
United States to apply for adjustment of this rule will not have a significant requirements of Section 5 of Executive
status. To qualify for a visa, these economic impact on a substantial Order 13175 do not apply to this
‘‘selectees’’ must meet certain number of small entities. rulemaking.
VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1](https://thefederalregister.org/doc/81_FR_63871/page/4.svg)
Document Created: 2016-09-16 00:25:14
Document Modified: 2016-09-16 00:25:14
| 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; request for comments. | |
| Dates | This AD becomes effective October 3, 2016. | |
| Contact | Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. | |
| FR Citation | 81 FR 63691 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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