83_FR_1536 83 FR 1527 - Airworthiness Directives; Airbus Airplanes

83 FR 1527 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1527-1529
FR Document2018-00343

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-115 and A319-133 airplanes. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition on these products, and doing the actions specified in those instructions. This AD was prompted by a fire during a flight, in the vicinity of the gaseous oxygen system (GOS) for passengers. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1527-1529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00343]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1244; Product Identifier 2013-NM-145-AD; Amendment 
39-19152; AD 2018-01-11]
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 A319-115 and A319-133 airplanes. This AD requires 
contacting the FAA to obtain instructions for addressing the unsafe 
condition on these products, and doing the actions specified in those 
instructions. This AD was prompted by a fire during a flight, in the 
vicinity of the gaseous oxygen system (GOS) for passengers. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective January 29, 2018.
    We must receive comments on this AD by February 26, 2018.

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.

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-2017-
1244; 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: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1405; 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 AD 
2014-0045, dated February 25, 2014; corrected March 4, 2014 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A319-115 and A319-133 airplanes. The MCAI states:

    Following an ECAM [electronic centralized aircraft monitor] 
warning ``CARGO SMOKE'' during flight, the flight crew elected to 
divert and the aeroplane made an uneventful landing. The post-flight 
inspection evidenced a heavy fire in the vicinity of the Gaseous 
Oxygen System (GOS) for passengers, located close to the cargo area. 
The origin of the fire has not been clearly identified. After more 
investigation, Airbus determined that the current optional passenger 
GOS design, specific to A319 aeroplanes, is not robust enough to 
prevent further events of this kind.
    This condition, if not detected and corrected, could lead to an 
uncontrolled fire, possibly resulting in loss of the aeroplane.
    To address this potential unsafe condition, Airbus developed mod 
153555 to improve

[[Page 1528]]

the (optional) A319 GOS for passengers and published Service 
Bulletin (SB) A320-35-1062 to provide that modification for in-
service application.
    Consequently, EASA issued AD 2013-0153 to require modification 
of the passenger GOS installation.
    Since that [EASA] AD was issued, a mistake was identified in 
Airbus SB A320-35-1062 concerning the pressure relief valve 
installation and the SB has been corrected and revised accordingly 
with mod 155860.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0153, which is superseded, but requires 
those actions to be done in accordance with the instructions of 
Airbus SB 35-1062 Revision 01.
    This [EASA] AD has been republished to correct an error that 
referenced the wrong effective date for EASA AD 2013-0153.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1244.

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. 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 the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and 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-2017-1244; Product 
Identifier 2013-NM-145-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

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD, we are 
providing the following cost estimates for an affected airplane that is 
placed on the U.S. Register in the future:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                           Labor cost                  Parts cost                             Cost per product
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger GOS modification...........  Up to 33 work-hours x $85 per  Up to $30,782...........                                             Up to $33,587
                                        hour = $2,805.
Placard modification.................  5 work-hours x $85 per hour =  $0......................                                                      $425
                                        $425.
Pressure hose modification...........  8 work-hours x $85 per hour =  $9,690..................                                                   $10,370
                                        $680.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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:


[[Page 1529]]


    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):

2018-01-11 Airbus: Amendment 39-19152; Docket No. FAA-2017-1244; 
Product Identifier 2013-NM-145-AD.

(a) Effective Date

    This AD becomes effective January 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-115 and A319-133 airplanes, 
certificated in any category, all manufacturer serial numbers, 
having received in production Airbus modification 33125 
(installation of Gaseous Oxygen System (GOS) for passengers), except 
those on which Airbus modification 153555 and 155860 have been 
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a fire during a flight, in the vicinity 
of the GOS for passengers. We are issuing this AD to prevent an 
uncontrolled fire in the vicinity of the GOS for passengers, near 
the cargo area, which could result in loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the actions at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2014-0045, dated 
February 25, 2014; corrected March 4, 2014.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the International Section, send it to the 
attention of the person identified in paragraph (i)(2) of this AD. 
Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.

(i) Related Information

    (1) Refer to MCAI EASA AD 2014-0045, dated February 25, 2014; 
corrected March 4, 2014, for related information. You may examine 
the MCAI on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2017-1244.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 
425-227-1405; fax: 425-227-1149.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00343 Filed 1-11-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                       Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations                                                                                        1527

                                              PART 1083—CIVIL PENALTY                                               ■ 2. Section 1083.1 is revised to read as                                  accordance with the Federal Civil
                                              ADJUSTMENTS                                                           follows:                                                                   Penalties Inflation Adjustment Act of
                                                                                                                                                                                               1990, as amended by the Debt
                                              ■ 1. The authority citation for part 1083                             § 1083.1 Adjustments of civil penalty
                                                                                                                    amounts.                                                                   Collection Improvement Act of 1996
                                              continues to read as follows:                                                                                                                    and further amended by the Federal
                                                Authority: 12 U.S.C. 2609(d); 12 U.S.C.                               (a) The maximum amount of each                                           Civil Penalties Inflation Adjustment Act
                                              5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C.                              civil penalty within the jurisdiction of
                                                                                                                                                                                               Improvements Act of 2015 (28 U.S.C.
                                              1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461                          the Consumer Financial Protection
                                                                                                                                                                                               2461 note), as follows:
                                              note.                                                                 Bureau to impose is adjusted in

                                                                                                                                                                                                                                               Adjusted
                                                                                                                                                                                                                                               maximum
                                                                             U.S. Code citation                                                                           Civil penalty description                                              civil
                                                                                                                                                                                                                                                penalty
                                                                                                                                                                                                                                                amount

                                              12   U.S.C.   5565(c)(2)(A) ..............................................................     Tier 1 penalty .............................................................................           $5,639
                                              12   U.S.C.   5565(c)(2)(B) ..............................................................     Tier 2 penalty .............................................................................           28,195
                                              12   U.S.C.   5565(c)(2)(C) ..............................................................     Tier 3 penalty .............................................................................        1,127,799
                                              15   U.S.C.   1717a(a)(2) ................................................................     Per violation ...............................................................................           1,964
                                              15   U.S.C.   1717a(a)(2) ................................................................     Annual cap .................................................................................        1,963,870
                                              12   U.S.C.   2609(d)(1) ..................................................................    Per failure ...................................................................................            92
                                              12   U.S.C.   2609(d)(1) ..................................................................    Annual cap .................................................................................          184,767
                                              12   U.S.C.   2609(d)(2)(A) ..............................................................     Per failure, where intentional .....................................................                      185
                                              12   U.S.C.   5113(d)(2) ..................................................................    Per violation ...............................................................................          28,474
                                              15   U.S.C.   1639e(k)(1) .................................................................    First violation ..............................................................................         11,279
                                              15   U.S.C.   1639e(k)(2) .................................................................    Subsequent violations ................................................................                 22,556



                                                (b) The adjustments in paragraph (a)                                in the vicinity of the gaseous oxygen                                      the Docket Operations office (telephone:
                                              of this section shall apply to civil                                  system (GOS) for passengers. We are                                        800–647–5527) is in the ADDRESSES
                                              penalties assessed after January 15,                                  issuing this AD to address the unsafe                                      section. Comments will be available in
                                              2018, regardless of when the violation                                condition on these products.                                               the AD docket shortly after receipt.
                                              for which the penalty is assessed                                     DATES: This AD becomes effective                                           FOR FURTHER INFORMATION CONTACT:
                                              occurred.                                                             January 29, 2018.                                                          Sanjay Ralhan, Aerospace Engineer,
                                                Dated: January 4, 2018.                                                We must receive comments on this                                        International Section, Transport
                                              Mick Mulvaney,                                                        AD by February 26, 2018.                                                   Standards Branch, FAA, 1601 Lind
                                              Acting Director, Bureau of Consumer                                   ADDRESSES: You may send comments,                                          Avenue SW, Renton, WA 98057–3356;
                                              Financial Protection.                                                 using the procedures found in 14 CFR                                       telephone: 425–227–1405; fax: 425–
                                              [FR Doc. 2018–00399 Filed 1–11–18; 8:45 am]                           11.43 and 11.45, by any of the following                                   227–1149.
                                              BILLING CODE 4810–AM–P                                                methods:                                                                   SUPPLEMENTARY INFORMATION:
                                                                                                                       • Federal eRulemaking Portal: Go to                                     Discussion
                                                                                                                    http://www.regulations.gov. Follow the
                                                                                                                    instructions for submitting comments.                                        The European Aviation Safety Agency
                                              DEPARTMENT OF TRANSPORTATION                                                                                                                     (EASA), which is the Technical Agent
                                                                                                                       • Fax: 202–493–2251.
                                                                                                                       • Mail: U.S. Department of                                              for the Member States of the European
                                              Federal Aviation Administration
                                                                                                                    Transportation, Docket Operations, M–                                      Union, has issued EASA AD 2014–0045,
                                                                                                                    30, West Building Ground Floor, Room                                       dated February 25, 2014; corrected
                                              14 CFR Part 39
                                                                                                                    W12–140, 1200 New Jersey Avenue SE,                                        March 4, 2014 (referred to after this as
                                              [Docket No. FAA–2017–1244; Product                                                                                                               the Mandatory Continuing
                                              Identifier 2013–NM–145–AD; Amendment
                                                                                                                    Washington, DC 20590.
                                                                                                                       • Hand Delivery: U.S. Department of                                     Airworthiness Information, or ‘‘the
                                              39–19152; AD 2018–01–11]                                                                                                                         MCAI’’), to correct an unsafe condition
                                                                                                                    Transportation, Docket Operations, M–
                                              RIN 2120–AA64                                                         30, West Building Ground Floor, Room                                       for certain Airbus Model A319–115 and
                                                                                                                    W12–140, 1200 New Jersey Avenue SE,                                        A319–133 airplanes. The MCAI states:
                                              Airworthiness Directives; Airbus                                      Washington, DC, between 9 a.m. and 5                                         Following an ECAM [electronic centralized
                                              Airplanes                                                             p.m., Monday through Friday, except                                        aircraft monitor] warning ‘‘CARGO SMOKE’’
                                                                                                                    Federal holidays.                                                          during flight, the flight crew elected to divert
                                              AGENCY:  Federal Aviation
                                                                                                                                                                                               and the aeroplane made an uneventful
                                              Administration (FAA), DOT.                                            Examining the AD Docket                                                    landing. The post-flight inspection evidenced
                                              ACTION: Final rule; request for                                                                                                                  a heavy fire in the vicinity of the Gaseous
                                              comments.                                                               You may examine the AD docket on                                         Oxygen System (GOS) for passengers, located
                                                                                                                    the internet at http://                                                    close to the cargo area. The origin of the fire
                                              SUMMARY:   We are adopting a new                                      www.regulations.gov by searching for                                       has not been clearly identified. After more
                                              airworthiness directive (AD) for certain                              and locating Docket No. FAA–2017–                                          investigation, Airbus determined that the
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                                              Airbus Model A319–115 and A319–133                                    1244; or in person at the Docket                                           current optional passenger GOS design,
                                              airplanes. This AD requires contacting                                Operations office between 9 a.m. and 5                                     specific to A319 aeroplanes, is not robust
                                                                                                                                                                                               enough to prevent further events of this kind.
                                              the FAA to obtain instructions for                                    p.m., Monday through Friday, except                                          This condition, if not detected and
                                              addressing the unsafe condition on                                    Federal holidays. The AD docket                                            corrected, could lead to an uncontrolled fire,
                                              these products, and doing the actions                                 contains this AD, the regulatory                                           possibly resulting in loss of the aeroplane.
                                              specified in those instructions. This AD                              evaluation, any comments received, and                                       To address this potential unsafe condition,
                                              was prompted by a fire during a flight,                               other information. The street address for                                  Airbus developed mod 153555 to improve



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                                              1528                   Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations

                                              the (optional) A319 GOS for passengers and                bilateral agreement with the State of                       Include ‘‘Docket No. FAA–2017–1244;
                                              published Service Bulletin (SB) A320–35–                  Design Authority, we have been notified                     Product Identifier 2013–NM–145–AD’’
                                              1062 to provide that modification for in-                 of the unsafe condition described in the                    at the beginning of your comments. We
                                              service application.
                                                 Consequently, EASA issued AD 2013–0153
                                                                                                        MCAI. We are issuing this AD because                        specifically invite comments on the
                                              to require modification of the passenger GOS              we evaluated all pertinent information                      overall regulatory, economic,
                                              installation.                                             and determined the unsafe condition                         environmental, and energy aspects of
                                                 Since that [EASA] AD was issued, a                     exists and is likely to exist or develop                    this AD. We will consider all comments
                                              mistake was identified in Airbus SB A320–                 on other products of the same type                          received by the closing date and may
                                              35–1062 concerning the pressure relief valve              design.                                                     amend this AD based on those
                                              installation and the SB has been corrected                                                                            comments.
                                              and revised accordingly with mod 155860.                  FAA’s Determination of the Effective
                                                 For the reason described above, this                   Date                                                           We will post all comments we
                                              [EASA] AD retains the requirements of EASA                                                                            receive, without change, to http://
                                              AD 2013–0153, which is superseded, but                      Since there are currently no domestic
                                                                                                                                                                    www.regulations.gov, including any
                                              requires those actions to be done in                      operators of this product, we find good
                                                                                                                                                                    personal information you provide. We
                                              accordance with the instructions of Airbus                cause that notice and opportunity for
                                                                                                                                                                    will also post a report summarizing each
                                              SB 35–1062 Revision 01.                                   prior public comment are unnecessary.
                                                 This [EASA] AD has been republished to                                                                             substantive verbal contact we receive
                                                                                                        In addition, for the reason(s) stated
                                              correct an error that referenced the wrong                                                                            about this AD.
                                                                                                        above, we find that good cause exists for
                                              effective date for EASA AD 2013–0153.                     making this amendment effective in less                     Costs of Compliance
                                                You may examine the MCAI on the                         than 30 days.
                                              internet at http://www.regulations.gov                                                                                  Currently, there are no affected U.S.-
                                                                                                        Comments Invited                                            registered airplanes. This AD requires
                                              by searching for and locating Docket No.
                                              FAA–2017–1244.                                               This AD is a final rule that involves                    contacting the FAA to obtain
                                                                                                        requirements affecting flight safety, and                   instructions for addressing the unsafe
                                              FAA’s Determination and Requirements                      we did not precede it by notice and                         condition, and doing the actions
                                              of This AD                                                opportunity for public comment. We                          specified in those instructions. Based on
                                                This product has been approved by                       invite you to send any written relevant                     the actions specified in the MCAI AD,
                                              the aviation authority of another                         data, views, or arguments about this AD.                    we are providing the following cost
                                              country, and is approved for operation                    Send your comments to an address                            estimates for an affected airplane that is
                                              in the United States. Pursuant to our                     listed under the ADDRESSES section.                         placed on the U.S. Register in the future:

                                                                                                                        ESTIMATED COSTS
                                                            Action                                 Labor cost                   Parts cost                                  Cost per product

                                              Passenger GOS modification              Up to 33 work-hours × $85              Up to $30,782                                                        Up to $33,587
                                                                                        per hour = $2,805.
                                              Placard modification ................   5 work-hours × $85 per hour            $0 ...................                                                        $425
                                                                                        = $425.
                                              Pressure hose modification ....         8 work-hours × $85 per hour            $9,690 ............                                                        $10,370
                                                                                        = $680.



                                              Authority for This Rulemaking                             Director, Aircraft Certification Service,                     2. Is not a ‘‘significant rule’’ under the
                                                 Title 49 of the United States Code                     as authorized by FAA Order 8000.51C.                        DOT Regulatory Policies and Procedures
                                              specifies the FAA’s authority to issue                    In accordance with that order, issuance                     (44 FR 11034, February 26, 1979);
                                              rules on aviation safety. Subtitle I,                     of ADs is normally a function of the                          3. Will not affect intrastate aviation in
                                              section 106, describes the authority of                   Compliance and Airworthiness                                Alaska; and
                                              the FAA Administrator. ‘‘Subtitle VII:                    Division, but during this transition                          4. Will not have a significant
                                              Aviation Programs,’’ describes in more                    period, the Executive Director has                          economic impact, positive or negative,
                                              detail the scope of the Agency’s                          delegated the authority to issue ADs                        on a substantial number of small entities
                                              authority.                                                applicable to transport category                            under the criteria of the Regulatory
                                                 We are issuing this rulemaking under                   airplanes to the Director of the System                     Flexibility Act.
                                              the authority described in ‘‘Subtitle VII,                Oversight Division.
                                                                                                                                                                    List of Subjects in 14 CFR Part 39
                                              Part A, Subpart III, Section 44701:                       Regulatory Findings                                           Air transportation, Aircraft, Aviation
                                              General requirements.’’ Under that
                                                                                                          We determined that this AD will not                       safety, Incorporation by reference,
                                              section, Congress charges the FAA with
                                                                                                        have federalism implications under                          Safety.
                                              promoting safe flight of civil aircraft in
                                              air commerce by prescribing regulations                   Executive Order 13132. This AD will                         Adoption of the Amendment
                                              for practices, methods, and procedures                    not have a substantial direct effect on
                                                                                                        the States, on the relationship between                       Accordingly, under the authority
                                              the Administrator finds necessary for                                                                                 delegated to me by the Administrator,
                                              safety in air commerce. This regulation                   the national government and the States,
                                                                                                                                                                    the FAA amends 14 CFR part 39 as
sradovich on DSK3GMQ082PROD with RULES




                                              is within the scope of that authority                     or on the distribution of power and
                                                                                                        responsibilities among the various                          follows:
                                              because it addresses an unsafe condition
                                              that is likely to exist or develop on                     levels of government.
                                                                                                                                                                    PART 39—AIRWORTHINESS
                                              products identified in this rulemaking                      For the reasons discussed above, I                        DIRECTIVES
                                              action.                                                   certify that this AD:
                                                 This AD is issued in accordance with                     1. Is not a ‘‘significant regulatory                      ■ 1. The authority citation for part 39
                                              authority delegated by the Executive                      action’’ under Executive Order 12866;                       continues to read as follows:


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                                                                  Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations                                           1529

                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.          inspector, the manager of the local flight             (C&DS), 2600 Westminster Blvd., MC
                                                                                                      standards district office/certificate holding          110–SK57, Seal Beach, CA 90740;
                                              § 39.13   [Amended]                                     district office.                                       telephone 562–797–1717; internet
                                              ■ 2. The FAA amends § 39.13 by adding                   (i) Related Information                                https://www.myboeingfleet.com. You
                                              the following new airworthiness                                                                                may view this service information at the
                                                                                                         (1) Refer to MCAI EASA AD 2014–0045,
                                              directive (AD):                                         dated February 25, 2014; corrected March 4,            FAA, Transport Standards Branch, 1601
                                              2018–01–11 Airbus: Amendment 39–19152;                  2014, for related information. You may                 Lind Avenue SW, Renton, WA. For
                                                  Docket No. FAA–2017–1244; Product                   examine the MCAI on the internet at http://            information on the availability of this
                                                  Identifier 2013–NM–145–AD.                          www.regulations.gov by searching for and               material at the FAA, call 425–227–1221.
                                                                                                      locating Docket No. FAA–2017–1244.                     It is also available on the internet at
                                              (a) Effective Date
                                                                                                         (2) For more information about this AD,             http://www.regulations.gov by searching
                                                This AD becomes effective January 29,                 contact Sanjay Ralhan, Aerospace Engineer,             for and locating Docket No. FAA–2017–
                                              2018.                                                   International Section, Transport Standards             0629.
                                              (b) Affected ADs                                        Branch, FAA, 1601 Lind Avenue SW,
                                                                                                      Renton, WA 98057–3356; telephone: 425–                 Examining the AD Docket
                                                None.                                                 227–1405; fax: 425–227–1149.
                                                                                                                                                               You may examine the AD docket on
                                              (c) Applicability                                       (j) Material Incorporated by Reference                 the internet at http://
                                                 This AD applies to Airbus Model A319–                   None.                                               www.regulations.gov by searching for
                                              115 and A319–133 airplanes, certificated in                                                                    and locating Docket No. FAA–2017–
                                              any category, all manufacturer serial                      Issued in Renton, Washington, on January
                                                                                                      2, 2018.                                               0629; or in person at the Docket
                                              numbers, having received in production
                                              Airbus modification 33125 (installation of
                                                                                                                                                             Management Facility between 9 a.m.
                                                                                                      Michael Kaszycki,
                                              Gaseous Oxygen System (GOS) for                                                                                and 5 p.m., Monday through Friday,
                                                                                                      Acting Director, System Oversight Division,
                                              passengers), except those on which Airbus                                                                      except Federal holidays. The AD docket
                                                                                                      Aircraft Certification Service.
                                              modification 153555 and 155860 have been                                                                       contains this final rule, the regulatory
                                                                                                      [FR Doc. 2018–00343 Filed 1–11–18; 8:45 am]
                                              embodied in production.                                                                                        evaluation, any comments received, and
                                                                                                      BILLING CODE 4910–13–P                                 other information. The address for the
                                              (d) Subject
                                                                                                                                                             Docket Office (phone: 800–647–5527) is
                                                Air Transport Association (ATA) of                                                                           Docket Management Facility, U.S.
                                              America Code 35, Oxygen.                                DEPARTMENT OF TRANSPORTATION                           Department of Transportation, Docket
                                              (e) Reason
                                                                                                      Federal Aviation Administration                        Operations, M–30, West Building
                                                 This AD was prompted by a fire during a                                                                     Ground Floor, Room W12–140, 1200
                                              flight, in the vicinity of the GOS for                  14 CFR Part 39                                         New Jersey Avenue SE, Washington, DC
                                              passengers. We are issuing this AD to prevent                                                                  20590.
                                              an uncontrolled fire in the vicinity of the             [Docket No. FAA–2017–0629; Product                     FOR FURTHER INFORMATION CONTACT:
                                              GOS for passengers, near the cargo area,                Identifier 2016–NM–184–AD; Amendment                   George Garrido, Aerospace Engineer,
                                              which could result in loss of the airplane.             39–19149; AD 2018–01–08]
                                                                                                                                                             Airframe Section, FAA, Los Angeles
                                              (f) Compliance                                          RIN 2120–AA64                                          ACO Branch, 3960 Paramount
                                                 Comply with this AD within the                                                                              Boulevard, Lakewood, CA 90712–4137;
                                              compliance times specified, unless already              Airworthiness Directives; The Boeing                   phone: 562–627–5232; fax: 562–627–
                                              done.                                                   Company Airplanes                                      5210; email: george.garrido@faa.gov.
                                              (g) Required Action(s)                                  AGENCY:  Federal Aviation                              SUPPLEMENTARY INFORMATION:

                                                 Within 30 days after the effective date of           Administration (FAA), DOT.                             Discussion
                                              this AD, request instructions from the                  ACTION: Final rule.
                                                                                                                                                                We issued a notice of proposed
                                              Manager, International Section, Transport
                                              Standards Branch, FAA, to address the                   SUMMARY:   We are adopting a new                       rulemaking (NPRM) to amend 14 CFR
                                              unsafe condition specified in paragraph (e) of          airworthiness directive (AD) for all The               part 39 by adding an AD that would
                                              this AD; and accomplish the actions at the              Boeing Company Model 737–100, –200,                    apply to all The Boeing Company Model
                                              times specified in, and in accordance with,             –200C, –300, –400, and –500 series                     737–100, –200, –200C, –300, –400, and
                                              those instructions. Guidance can be found in            airplanes. This AD was prompted by                     –500 series airplanes. The NPRM
                                              Mandatory Continuing Airworthiness                      reports of fatigue cracking in the frame               published in the Federal Register on
                                              Information (MCAI) European Aviation                                                                           June 30, 2017 (82 FR 29792). The NPRM
                                              Safety Agency (EASA) AD 2014–0045, dated
                                                                                                      outboard chord and in the radius of the
                                                                                                      auxiliary chord at a certain area. This                was prompted by reports of fatigue
                                              February 25, 2014; corrected March 4, 2014.                                                                    cracking in the frame outboard chord
                                                                                                      AD requires inspections to detect this
                                              (h) Alternative Methods of Compliance                   cracking, and corrective action if                     and in the radius of the auxiliary chord
                                              (AMOCs)                                                 necessary. We are issuing this AD to                   at a certain area. The NPRM proposed
                                                 The Manager, International Section,                  address the unsafe condition on these                  to require inspections to detect this
                                              Transport Standards Branch, FAA, has the                products.                                              cracking, and corrective action if
                                              authority to approve AMOCs for this AD, if                                                                     necessary. We are issuing this AD to
                                              requested using the procedures found in 14              DATES: This AD is effective February 16,               detect and correct fatigue cracking of the
                                              CFR 39.19. In accordance with 14 CFR 39.19,             2018 .                                                 outboard and auxiliary chords, which
                                              send your request to your principal inspector             The Director of the Federal Register                 could result in reduced structural
                                              or local Flight Standards District Office, as           approved the incorporation by reference                integrity of the outboard chord and
sradovich on DSK3GMQ082PROD with RULES




                                              appropriate. If sending information directly            of a certain publication listed in this AD
                                              to the International Section, send it to the                                                                   consequent rapid decompression of the
                                                                                                      as of December 26, 2012 (77 FR 69747,                  airplane.
                                              attention of the person identified in                   November 21, 2012).
                                              paragraph (i)(2) of this AD. Information may                                                                   Comments
                                              be emailed to: 9-ANM-116-AMOC-                          ADDRESSES: For service information
                                              REQUESTS@faa.gov. Before using any                      identified in this final rule, contact                   We gave the public the opportunity to
                                              approved AMOC, notify your appropriate                  Boeing Commercial Airplanes,                           participate in developing this final rule.
                                              principal inspector, or lacking a principal             Attention: Contractual & Data Services                 The following presents the comments


                                         VerDate Sep<11>2014   17:21 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\12JAR1.SGM   12JAR1



Document Created: 2018-10-26 09:51:33
Document Modified: 2018-10-26 09:51:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD becomes effective January 29, 2018.
ContactSanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425- 227-1149.
FR Citation83 FR 1527 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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