[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65860-65864]
[FR Doc No: 2016-22460]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5039; Directorate Identifier 2013-NM-148-AD;
Amendment 39-18659; AD 2016-19-10]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2000-10-18 for
certain Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R,
F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes); and Model A310
series airplanes. AD 2000-10-18 required repetitive inspections to
detect cracks in the lower spar of the engine pylons between ribs 6 and
7, and repair if necessary. This new AD reduces the compliance times
for the initial inspection and the repetitive intervals. This AD was
prompted by the determination that the compliance times for the initial
inspection and the repetitive intervals must be reduced to allow timely
detection of cracks in the engine pylon's lower spar between ribs 6 and
7. We are issuing this AD to detect and correct fatigue cracking, which
could result in reduced structural integrity of the engine pylon's
lower spar, and possible separation of the engine from the airplane.

DATES: This AD is effective October 31, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 31,
2016.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>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<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5039.

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-
5039; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2000-10-18, Amendment 39-11742 (65 FR 34055,
May 26, 2000) (``AD 2000-10-18''). AD 2000-10-18 applied to certain
Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, F4-600R
series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes); and Model A310
series airplanes. The NPRM published in the Federal Register on April
5, 2016 (81 FR 19505) (``the NPRM''). The NPRM was prompted by a
determination that the compliance times for the initial inspection and
the repetitive intervals must be reduced to allow timely detection of
cracks in the engine pylon's lower spar between ribs 6 and 7. The NPRM
proposed to continue to require repetitive inspections to detect cracks
in the lower spar of the engine pylons between ribs 6 and 7, and repair
if necessary. The NPRM also proposed to reduce the compliance times for
the initial inspection and the repetitive intervals. We are issuing
this AD to detect and correct fatigue cracking, which could result in
reduced structural integrity of the engine pylon's lower spar, and
possible separation of the engine from the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent

for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0167, dated July 26, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition. The MCAI states:

    Cracks were found between ribs 6 and 7 in the lower spar of
engine pylons on A310, A300 and A300-600 aeroplanes. To prevent
crack initiation, a first inspection programme of this area was
rendered mandatory by DGAC [Direction G[eacute]n[eacute]rale de
l'Aviation Civile] France AD 93-228-154 (later revised, currently at
Revision 3) [which corresponds to certain actions in FAA AD 2000-10-
18] for A300 and A300-600 aeroplanes.
    At a later date and due to new findings, a specific inspection
programme for A310 aeroplanes was rendered mandatory by DGAC France
AD 1999-239-287(B) [which corresponds to certain other actions in
FAA AD 2000-10-18]. That [French] AD was later superseded by EASA AD
2008-0001, which introduced new thresholds and intervals in the
frame of the A310 extended service goal (ESG) exercise.
    Since DGAC France AD 1993-228-154(B)R3 and EASA AD 2008-0001
were issued, a fleet survey and updated Fatigue and Damage Tolerance
analyses have been performed in order to substantiate the second ESG
for A300-600, called ESG2 exercise. The results of these analyses
have shown that the inspection threshold and interval must be
reduced to allow timely detection of cracks in the engine pylon
lower spar between ribs 6 and 7.
    For the reasons described above, this new [EASA] AD retains the
requirements of DGAC France AD 1993-228-154(B)R3 and EASA AD 2008-
0001, which are superseded, and requires accomplishment of the [eddy
current or liquid penetrant] inspections [for cracking] and,
depending on findings, [related investigative and] corrective
actions [repairs], within the new thresholds and intervals specified
in Airbus Service Bulletin (SB) A300-54-0073 Revision 03 [dated
October 11, 2012] or SB A310-54-2017 Revision 06 [dated October 3,
2012] or SB A300-54-6014 Revision 07 [dated September 5, 2012].

    Related investigative actions include eddy current or liquid
penetrant inspections for cracking of areas with removed protection.
The unsafe condition is cracking in the lower spar of the engine pylons
between ribs 6 and 7, which could result in reduced structural
integrity of the engine pylon's lower spar, and possible separation of
the engine from the airplane. You may examine the MCAI in the AD docket
on the Internet at http://www.regulations.gov by searching for and
locating it in Docket No. FAA-2016-5039.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Revise Applicability

    United Parcel Service (UPS) requested that we remove Model A300 F4-
622R airplanes from the proposed applicability. UPS stated that the
NPRM would apply to all Model A300 airplanes except those that have
Airbus Modification 10599 incorporated in production. UPS explained
that Airbus Modification 10559 was embodied on airplane manufacturer
serial number (MSN) 723 and all subsequent airplane serial numbers; and
that the first Model A300 F4-622R airplane with this modification
embodied was MSN 805.
    We infer that UPS made a typographical error in citing the Airbus
Modification number and intended to reference Airbus Modification
10149. We agree with the commenter's request to remove Model A300 F4-
622R airplanes from the applicability. Airbus has verified that all
Model A300 F4-622R airplanes are post-Airbus Modification 10149 and
that operators do not need to accomplish the inspections specified in
Airbus Service Bulletin A300-54-6014, Revision 07, dated September 5,
2012, on those airplanes. As specified in paragraph (c) of this AD,
this AD does not affect airplanes on which Airbus Modification 10149
has been incorporated in production. We have removed Model A300 F4-622R
airplanes from paragraph (c)(4) of this AD. This change has been
coordinated with EASA.

Requests To Revise Paragraphs (g), (h), and (i) of the Proposed AD

    UPS requested that we revise paragraphs (g), (h), and (i) of the
proposed AD, which identify inspections, corrective actions, and
exceptions for both pre-repair and post-repair modification
configurations. UPS stated that these paragraphs contain information in
long, complex sentences with cross references to other paragraphs in
the proposed AD. UPS explained that there is potential for confusion of
the ruling requirements and opportunities for compliance errors. UPS
provided suggestions for revising certain paragraphs of the proposed
AD.
    We do not agree with the commenter's request. We recognize that the
actions specified in the service information and this AD are complex.
However, this AD uses standard terminology that is legally enforceable.
UPS's suggested revisions included doing all repairs using a method
approved by the FAA, EASA, or Airbus's EASA Design Organization
Approval. This suggestion would require operators to obtain a method of
compliance, even though the service information does provide
instructions for doing certain repairs. Also, UPS suggested we add
regulatory material in a note, which is not legally enforceable. We
have not changed this AD in this regard.

Request To Define Average Flight Time (AFT) Calculations

    UPS requested that we include a paragraph to define how AFT is
calculated. UPS explained that paragraph (g) of the proposed AD has
repetitive inspection requirements that use an interval defined in the
service information that is dependent on airplane AFT methodology, but
that the NPRM does not define parameters for how and when the AFT is
determined. UPS submitted proposed language for calculating AFTs.
    In regards to the AFT definition, we have determined that, for the
reasons stated by the commenter, this AD should define AFT
calculations. We have added paragraph (j) to this AD accordingly and
redesignated subsequent paragraphs.

Request To Approve Alternative Methods of Compliance (AMOCs)

    UPS requested that we revise paragraph (k) of the proposed AD to
specify that AMOCs approved previously for AD 2000-10-18 are approved
as AMOCs for the corresponding provisions of this AD.
    We agree with the commenter's request. We have revised paragraph
(l) of this AD (referred to as paragraph (k) in the proposed AD) to
specify that AMOCs approved previously for AD 2000-10-18 are approved
as AMOCs for the corresponding provisions of this AD.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service bulletins.
     Airbus Service Bulletin A300-54-0073, Revision 03, dated
October 11, 2012 (for Model A300 series airplanes).

     Airbus Service Bulletin A300-54-6014, Revision 07, dated
September 5, 2012 (for Model A300-600 series airplanes).
     Airbus Service Bulletin A310-54-2017, Revision 06, dated
October 3, 2012 (for Model A310 series airplanes).
    This service information describes procedures for inspecting for
cracking of the engine pylon's lower spar between ribs 6 and 7, and
related investigative actions if cracking is found. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 156 airplanes of U.S. registry.
    We also estimate that it would take about 6 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $79,560, or $510 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD. We
have no way of determining the number of aircraft that might need these
actions.

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 removing Airworthiness Directive (AD)
2000-10-18, Amendment 39-11742 (65 FR 34055, May 26, 2000), and adding
the following new AD:

2016-19-10 Airbus: Amendment 39-18659; Docket No. FAA-2016-5039;
Directorate Identifier 2013-NM-148-AD.

(a) Effective Date

    This AD is effective October 31, 2016.

(b) Affected ADs

    This AD replaces AD 2000-10-18, Amendment 39-11742 (65 FR 34055,
May 26, 2000) (``AD 2000-10-18'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(6) of this AD, certificated in any category,
except airplanes on which Airbus Modification 10149 has been
incorporated in production.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes.
    (3) Airbus Model A300 B4-605R and B4-622R airplanes.
    (4) Airbus Model A300 F4-605R airplanes.
    (5) Airbus Model A300 C4-605R Variant F airplanes.
    (6) Airbus Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by the determination that the compliance
times for the initial inspection and the repetitive intervals must
be reduced to allow timely detection of cracks in the engine pylon's
lower spar between ribs 6 and 7. We are issuing this AD to detect
and correct fatigue cracking, which could result in reduced
structural integrity of the engine pylon's lower spar, and possible
separation of the engine from the airplane.

(f) Compliance

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

(g) Inspections and Corrective Actions

    Except as provided by paragraphs (i)(1) and (i)(2) of this AD,
at the applicable time specified in paragraph 1.E., ``Compliance,''
of the applicable Airbus service bulletin specified in paragraph
(g)(1), (g)(2), or (g)(3) of this AD: Do an eddy current or liquid
penetrant inspection for cracking of the engine pylon's lower spar
between ribs 6 and 7; and do all applicable related investigative
and corrective actions; in accordance with the Accomplishment
Instructions of the applicable Airbus service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD, except as required
by paragraph (i)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspection of the engine pylon's lower spar between ribs 6 and 7
thereafter at the applicable time and intervals specified in
paragraph 1.E., ``Compliance,'' of the applicable Airbus service
bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD
until a repair or modification specified in the Accomplishment
Instructions of the applicable Airbus service bulletin identified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD is done.
    (1) Airbus Service Bulletin A300-54-0073, Revision 03, dated
October 11, 2012 (for Model A300 series airplanes).

    Note 1 to paragraph (g)(1) of this AD: Airbus Service Bulletin
A300-54-0080, Revision 02, dated July 9, 2002, is an additional
source of guidance for accomplishing the modification specified in
Airbus Service Bulletin A300-54-0073, Revision 03, dated October 11,
2012.

    (2) Airbus Service Bulletin A300-54-6014, Revision 07, dated
September 5, 2012 (for Model A300-600 series airplanes).

    Note 2 to paragraph (g)(2) of this AD: Airbus Service Bulletin
A300-54-6020, Revision 02, dated July 9, 2002, is an additional
source of guidance for accomplishing the modification specified in
Airbus Service Bulletin A300-54-6014, Revision 07, dated September
5, 2012.

    (3) Airbus Service Bulletin A310-54-2017, Revision 06, dated
October 3, 2012 (for Model A310 series airplanes).

    Note 3 to paragraph (g)(3) of this AD: Airbus Service Bulletin
A310-54-2023,

Revision 03, dated July 9, 2002, is an additional source of guidance
for accomplishing the modification specified in Airbus Service
Bulletin A310-54-2017, Revision 06, dated October 3, 2012.

(h) Post-Repair/Modification and Corrective Actions

    For airplanes on which any repair or modification specified in
the Accomplishment Instructions of the applicable Airbus service
bulletin identified in paragraph (g)(1), (g)(2), or (g)(3) of this
AD is done: Except as provided by paragraphs (i)(1) and (i)(2) of
this AD, at the applicable time specified in paragraph 1.E.,
``Compliance,'' of the applicable Airbus service bulletin specified
in paragraph (g)(1), (g)(2), or (g)(3) of this AD: Do an eddy
current or liquid penetrant inspection for cracking of the engine
pylon's lower spar between ribs 6 and 7; and do all applicable
related investigative and corrective actions; in accordance with the
Accomplishment Instructions of the applicable Airbus service
bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this
AD, except as required by paragraph (i)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the inspection of the engine pylon's lower
spar between ribs 6 and 7 thereafter at the applicable time and
intervals specified in paragraph 1.E., ``Compliance,'' of the
applicable Airbus service bulletin specified in paragraph (g)(1),
(g)(2), or (g)(3) of this AD.

(i) Exceptions to Service Information

    (1) Where a ``Threshold'' is specified in paragraph 1.E.,
``Compliance,'' of the service information specified in paragraphs
(g)(1), (g)(2), and (g)(3) of this AD, the ``FC'' and ``FH''
compliance times are total flight cycle and total flight hour
compliance times, except that if a repair or service bulletin
identified in paragraph 1.E., ``Compliance,'' of the service
bulletins specified in paragraphs (g)(1), (g)(2), and (g)(3) of this
AD has been done, the ``FC'' and ``FH'' compliance times are flight
cycle and flight hour compliance times since the identified repair
or service bulletin was done.
    (2) Except as provided by paragraphs (i)(2)(i) and (i)(2)(ii) of
this AD: For the ``Grace period'' specified in paragraph 1.E.,
``Compliance,'' of the service information specified in paragraphs
(g)(1), (g)(2), and (g)(3) of this AD, operators must comply with
the actions specified in paragraphs (g) and (h) of this AD, as
applicable, at the later of the applicable times in the
``Threshold'' and ``Grace Period'' times specified in paragraph
1.E., ``Compliance,'' of the applicable service information, except
the language ``for aircraft that have already exceeded or are close
to exceed[ing] the threshold or scheduled interval'' does not apply.
    (i) Where Airbus Service Bulletin A300-54-0073, Revision 03,
dated October 11, 2012; and Airbus Service Bulletin A310-54-2017,
Revision 06, dated October 3, 2012; specify a compliance time ``. .
. after receipt of this Inspection Service Bulletin without
exceeding the requirements of previous issue of this ISB,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.
    (ii) Where Airbus Service Bulletin A300-54-6014, Revision 07,
dated September 5, 2012, specifies a compliance time ``. . . after
receipt of this Inspection Service Bulletin without exceeding the
requirements of previous issue of this SB,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (3) If any crack is found during any inspection required by this
AD and the applicable Airbus service bulletin specified in paragraph
(g)(1), (g)(2), or (g)(3) of this AD specifies to contact Airbus:
Before further flight, repair the crack 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).

(j) Calculating Average Flight Time (AFT)

    For the purpose of paragraphs (g) and (h) of this AD, the AFT
must be established as specified in paragraphs (j)(1), (j)(2), and
(j)(3) of this AD.
    (1) For the initial inspection, the average flight time is the
total accumulated flight hours, counted from take-off to touch-down,
divided by the total accumulated flight cycles at the effective date
of this AD.
    (2) For the first repeated inspection interval, the average
flight time is the total accumulated flight hours divided by the
total accumulated flight cycles at the time of the inspection
threshold.
    (3) For all inspection intervals onwards, the average flight
time is the flight hours divided by the flight cycles accumulated
between the last two inspections.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using an applicable service
bulletin specified in paragraphs (k)(1) through (k)(10) of this AD.
    (1) Airbus Service Bulletin A300-54-0073, Revision 1, dated
March 28, 1994 (for Model A300 series airplanes), which was
incorporated by reference in AD 96-11-05, Amendment 39-9630 (61 FR
26091, May 24, 1996) (``AD 96-11-05'').
    (2) Airbus Service Bulletin A300-54-0073, Revision 02, dated
July 9, 2002 (for Model A300 series airplanes), which is not
incorporated by reference in this AD.
    (3) Airbus Service Bulletin A300-54-6014, Revision 1, dated
March 28, 1994 (for Model A300-600 series airplanes), which was
incorporated by reference in AD 96-11-05.
    (4) Airbus Service Bulletin A300-54-6014, Revision 03, dated
June 4, 1998 (for Model A300-600 series airplanes), which is not
incorporated by reference in this AD.
    (5) Airbus Service Bulletin A300-54-6014, Revision 04, dated
March 9, 2002 (for Model A300-600 series airplanes), which is not
incorporated by reference in this AD.
    (6) Airbus Service Bulletin A300-54-6014, Revision 05, dated
September 1, 2011 (for Model A300-600 series airplanes), which is
not incorporated by reference in this AD.
    (7) Airbus Service Bulletin A300-54-6014, Revision 06, dated May
24, 2012 (for Model A300-600 series airplanes), which is not
incorporated by reference in this AD.
    (8) Airbus Service Bulletin A310-54-2017, Revision 03, dated
June 11, 1999 (for Model A310 series airplanes), which was
incorporated by reference in AD 2000-10-18.
    (9) Airbus Service Bulletin A310-54-2017, Revision 04, dated
July 9, 2002 (for Model A310 series airplanes), which is not
incorporated by reference in this AD.
    (10) Airbus Service Bulletin A310-54-2017, Revision 05, dated
November 16, 2007 (for Model A310 series airplanes), which is not
incorporated by reference in this AD.

(l) 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: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2000-10-18 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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 EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0167, dated July 26, 2013,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-5039.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 Service Bulletin A300-54-0073, Revision 03, dated
October 11, 2012.
    (ii) Airbus Service Bulletin A300-54-6014, Revision 07, dated
September 5, 2012.
    (iii) Airbus Service Bulletin A310-54-2017, Revision 06, dated
October 3, 2012.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
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
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<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 12, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-22460 Filed 9-23-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]
[Page 65502-65503]
[DOCID:fr25oc10-85]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1941-DR; Docket ID FEMA-2010-0002]

Minnesota; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-1941-DR), dated October 13, 2010, and
related determinations.

DATES: Effective Date: October 19, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 13, 2010.

    Brown, Carver, Le Sueur, Nicollet, Nobles, Redwood, Sibley, and
Yellow Medicine Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-26845 Filed 10-22-10; 8:45 am]
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[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28763-28764]
[FR Doc No: 2012-11592]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 117, 119, and 121

[Docket No. FAA-2009-1093; Amdt. Nos. 117-1A, 119-16A, 121-357A]
RIN 2120-AJ58

Flightcrew Member Duty and Rest Requirements; Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting the final flightcrew member duty and
rest rule published on January 4, 2012. In that rule, the FAA amended
its existing flight, duty and rest regulations applicable to
certificate holders and their flightcrew members operating certain
domestic, flag, and supplemental operations. This document corrects the
effective date and several errors in the codified text of the final
flightcrew member duty and rest rule.

DATES: The effective date for the rule published January 4, 2012, at 77
FR 330, is corrected to January 4, 2014. The corrections in this
document are effective January 4, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Dale E. Roberts, Air Transportation Division (AFS-
200), Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Alex Zektser,
AGC-220, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2012, the FAA published a final rule entitled,
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger
operations. As part of this rulemaking, the FAA also applied the new
part 117 to certain part 91 operations, and it permitted all-cargo
operations operating under part 121 to voluntarily opt into the part
117 flight, duty, and rest regulations.
    After the final rule was published, the FAA discovered several
errors in the regulatory text of the rule. These errors, and the
corresponding corrections, are as follows.

Corrections

1. Effective Date
    The final rule has a 2-year effective date. The preamble to the
final rule emphasizes that ``[t]he FAA has determined that two years is
a substantial period of time, and that a longer effective date is
unwarranted'' (77 FR 392). Because the final rule was published on
January 4, 2012, the effective date of the rule should be January 4,
2014 and not January 14, 2014. This rule has been corrected
accordingly.
2. Definition of Flight Duty Period
    The punctuation in the last sentence of this definition has been
corrected so that the sentence ends in a period and not a colon.
3. Definition of Theater
    The final rule defines theater as ``a geographical area where local
time at the flightcrew member's flight duty period departure point and
arrival point differ by more than 60 degrees longitude.'' This
correction removes the phrase ``local time'' from this regulatory text
because degrees longitude is a measure of distance and not time. In
addition, to accurately depict the proper geographical area intended by
the rule, the distance between departure and arrival points in a
theater should differ by ``no more than'' 60 degrees longitude instead
of ``more than'' 60 degrees longitude. Accordingly, the definition of
theater has been corrected to specify that the distance between arrival
and departure points in a single theater cannot exceed 60 degrees
longitude.
4. Flight Duty Period Extension Reporting in Sec.  117.19(b)(4)
    The preamble to the final rule specifies that a certificate holder
is only required to report FDP extensions that exceed the pertinent FDP
limits by more than 30 minutes (77 FR 370-71). Accordingly, subsection
117.19(b)(4) has been corrected to clarify that a report for an FDP
extension is only necessary if the FDP exceeded the pertinent FDP limit
by more than 30 minutes.
5. Cumulative Limitations in Sec.  117.23(b)
    The cumulative flight-time limitations in Sec.  117.23(b) have been
corrected to clarify that a flightcrew member cannot accept an
assignment that would cause that crewmember's total flight time to
exceed either 100 hours in any 672 consecutive hours or 1,000 hours in
any 365 consecutive calendar day period.
6. Rest Period in Sec.  117.25(b)
    Subsection 117.25(b) in the final rule states that ``[b]efore
beginning any reserve or flight duty period a flightcrew member must be
given at least 30 consecutive hours free from all duty in any 168
consecutive hour period.'' This section has been corrected to clarify
that the ``168 consecutive hour period'' is the period that precedes
the beginning of the flight duty period.
7. Emergency and Government Sponsored Operations in Sec.  117.29
    Section 117.29 applies to certain emergency and government-
sponsored operations. The preamble to the final rule explains that, in
certain situations, this section allows ``the FDP and the flight time
for a particular operation to be extended if deemed necessary by the
pilot-in-command'' (77 FR 387). However, the regulatory text of Sec.
117.29 provided for an FDP extension but inadvertently did not apply
the extension to flight-time. Accordingly, the regulatory text of this
section has been corrected to provide for a flight-time extension in
addition to an FDP extension. In addition, subsection 117.29(g) has
been corrected so that it cross-references the correct paragraph of
Sec.  117.29.

8. Flight attendant duty period limitations and rest requirements in
Sec.  121.467(c)
    The final rule intended to change this subsection so that it cross-
references part 117 instead of subparts Q, R, and S, as the pertinent
flight, duty, and rest provisions have been moved out of subparts Q, R,
and S and into part 117. However, the regulatory text of the final rule
also inadvertently deleted a number of other provisions that were in
this subsection. As such, Sec.  121.467(c) has been corrected so that
this subsection cross-references part 117, but retains its other
provisions. The FAA notes that, pursuant to Sec.  117.13, an
unaugmented crew of flight attendants who operate under part 117 would
be subject to the flight duty period limits set out in Table B.
    Accordingly, in the final rule, FR Doc. 2011-33078, published on
January 4, 2012 (77 FR 330), make the following corrections:

Effective Date [Corrected]

0
1. On page 330, in the first column, the text of DATES is corrected to
read as follows:

DATES: Effective January 4, 2014.

0
2. On page 398, in the third column, in Sec.  117.3, the definition of
``flight duty period (FDP)'' is corrected to read as follows:

Sec.  117.3  Definitions.

* * * * *
    Flight duty period (FDP) means a period that begins when a
flightcrew member is required to report for duty with the intention of
conducting a flight, a series of flights, or positioning or ferrying
flights, and ends when the aircraft is parked after the last flight and
there is no intention for further aircraft movement by the same
flightcrew member. A flight duty period includes the duties performed
by the flightcrew member on behalf of the certificate holder that occur
before a flight segment or between flight segments without a required
intervening rest period. Examples of tasks that are part of the flight
duty period include deadhead transportation, training conducted in an
aircraft or flight simulator, and airport/standby reserve, if the above
tasks occur before a flight segment or between flight segments without
an intervening required rest period.
* * * * *

0
3. On page 399, in the second column, in Sec.  117.3, the definition of
``theater'' is corrected to read as follows:

Sec.  117.3  Definitions.

* * * * *
    Theater means a geographical area in which the distance between the
flightcrew member's flight duty period departure point and arrival
point differs by no more than 60 degrees longitude.
* * * * *

0
4. On page 400, in the third column, in Sec.  117.19, paragraph (b)(4)
is corrected to read as follows:

Sec.  117.19  Flight duty period extensions.

* * * * *
    (b) * * *
    (4) Each certificate holder must report to the Administrator within
10 days any flight duty period that exceeded the maximum flight duty
period limits permitted by Tables B or C of this part by more than 30
minutes. The report must contain a description of the circumstances
surrounding the affected flight duty period.

0
5. On page 401, in the first column, in Sec.  117.23, paragraph (b)(1)
is corrected to read as follows:

Sec.  117.23  Cumulative limitations.

* * * * *
    (b) * * *
    (1) 100 hours in any 672 consecutive hours or
* * * * *

0
6. On page 401, in the first column, in Sec.  117.25, paragraph (b) is
corrected to read as follows:

Sec.  117.25  Rest Period.

* * * * *
    (b) Before beginning any reserve or flight duty period a flightcrew
member must be given at least 30 consecutive hours free from all duty
within the past 168 consecutive hour period.
* * * * *

0
7. On the third column of page 401 and the first column of page 402, in
Sec.  117.29, paragraphs (b) and (g) are corrected to read as follows:

Sec.  117.29  Emergency and government sponsored operations.

* * * * *
    (b) The pilot-in-command may determine that the maximum applicable
flight duty period and/or flight time must be exceeded to the extent
necessary to allow the flightcrew to fly to the closest destination
where they can safely be relieved from duty by another flightcrew or
can receive the requisite amount of rest prior to commencing their next
flight duty period.
* * * * *
    (g) Each certificate holder must implement the corrective action(s)
reported pursuant to paragraph (f)(2) of this section within 30 days
from the date of the extended flight duty period and/or the extended
flight time.
* * * * *

0
8. On page 402, in the second and third columns, in Sec.  121.467,
correctly revise paragraphs (c) introductory text and (c)(1) to read as
follows:

Sec.  121.467  Flight attendant duty period limitations and rest
requirements: Domestic, flag, and supplemental operations.

* * * * *
    (c) Notwithstanding paragraph (b) of this section, a certificate
holder conducting domestic, flag, or supplemental operations may apply
the flightcrew member flight time and duty limitations and rest
requirements of part 117 of this chapter to flight attendants for all
operations conducted under this part provided that--
    (1) The certificate holder establishes written procedures that--
    (i) Apply to all flight attendants used in the certificate holder's
operation;
    (ii) Include the flightcrew member requirements contained in part
117, as appropriate to the operation being conducted, except that rest
facilities on board the aircraft are not required;
    (iii) Include provisions to add one flight attendant to the minimum
flight attendant complement for each flightcrew member who is in excess
of the minimum number required in the aircraft type certificate data
sheet and who is assigned to the aircraft under the provisions of part
117, as applicable, of this part;
    (iv) Are approved by the Administrator and are described or
referenced in the certificate holder's operations specifications; and
* * * * *

    Issued in Washington, DC, on April 30, 2012.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations, AGC-200.
[FR Doc. 2012-11592 Filed 5-15-12; 8:45 am]
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