[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Rules and Regulations]
[Pages 45243-45246]
[FR Doc No: 2022-16083]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0883; Project Identifier MCAI-2021-01179-T;
Amendment 39-22128; AD 2022-15-08]
RIN 2120-AA64

Airworthiness Directives; Various Transport Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-20-
03, which applied to various transport airplanes. AD 2019-20-03
required modification of certain universal serial bus (USB) receptacles
located in the flight deck. Since the FAA issued AD 2019-20-03, it has
been determined that additional airplanes are affected by the unsafe
condition. This AD continues to require the modification and expands
the applicability, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is incorporated by reference. This AD also
prohibits the installation of affected parts. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective August 12, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 12,
2022.
    The FAA must receive comments on this AD by September 12, 2022.

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 www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
www.regulations.gov by searching for and locating Docket No. FAA-2022-
0883.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0883; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0883; Project Identifier MCAI-
2021-01179-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to

www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2019-20-03, Amendment 39-19756 (84 FR 55036,
October 15, 2019) (AD 2019-20-03), which applied to various transport
airplanes. AD 2019-20-03 required modification of certain USB
receptacles located in the flight deck. The FAA issued AD 2019-20-03 to
address smoke and fumes in the flight deck, which could result in
excessive flightcrew workload and injury to flight deck occupants.

Actions Since AD 2019-20-03 Was Issued

    Since the FAA issued AD 2019-20-03, the European Union Aviation
Safety Agency (EASA), which is the Technical Agent for the Member
States of the European Union, has issued EASA AD 2021-0234, dated
October 28, 2021 (EASA AD 2021-0234) (also referred to after this as
the Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for various transport airplanes. EASA AD
2021-0234 superseded EASA AD 2018-0259R1, dated February 7, 2019. FAA
AD 2019-20-03 corresponded to EASA AD 2018-0259R1. EASA AD 2021-0234
retained the requirements of EASA AD 2018-0259R1 and expanded the
applicability. You may examine the MCAI in the AD docket on the
internet at www.regulations.gov by searching for and locating Docket
No. FAA-2022-0883.
    This AD was prompted by reports of smoke and fumes in the flight
deck. The FAA is issuing this AD to address smoke and fumes in the
flight deck, which could result in excessive flightcrew workload and
injury to flight deck occupants. See the MCAI for additional background
information.
    Although this AD expands the applicability, none of the newly added
airplanes are on the U.S. Register.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD
2019-20-03, this AD retains all of the requirements of AD 2019-20-03.
Those requirements are referenced in EASA AD 2021-0234, which, in turn,
is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0234 specifies procedures for modification of certain
USB receptacles located in the flight deck.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0234 described previously, except for any differences identified
as exceptions in the regulatory text of this AD. This AD also prohibits
the installation of affected parts.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0234 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0234 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0234 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0234. Service information required by EASA AD 2021-0234 for
compliance will be available at www.regulations.gov by searching for
and locating Docket No. FAA-2022-0883 after this AD is published.

FAA's Justification and Determination of the Effective Date

    None of the airplanes added to the applicability of this AD are
currently on the U.S. Register. Accordingly, notice and opportunity for
prior public comment are unnecessary, pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the forgoing reason(s), the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 14 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Retained actions in AD 2019-20-03...  3 work-hours x $85 per               $0             $255           $3,470
                                       hour = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

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:
0
a. Removing Airworthiness Directive (AD) 2019-20-03, Amendment 39-19756
(84 FR 55036, October 15, 2019); and
0
b. Adding the following new AD:

2022-15-08 Transport Category Airplanes: Amendment 39-22128; Docket
No. FAA-2022-0883; Project Identifier MCAI-2021-01179-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 12, 2022.

(b) Affected ADs

    This AD replaces AD 2019-20-03, Amendment 39-19756 (84 FR 55036,
October 15, 2019) (AD 2019-20-03).

(c) Applicability

    This AD applies to the airplanes identified in EASA AD 2021-
0234, dated October 28, 2021 (EASA AD 2021-0234), certificated in
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 46, Information
systems.

(e) Unsafe Condition

    This AD was prompted by reports of smoke and fumes in the flight
deck. The FAA is issuing this AD to address smoke and fumes in the
flight deck, which could result in excessive flightcrew workload and
injury to flight deck occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0234.

(h) Exceptions to EASA AD 2021-0234

    (1) Where EASA AD 2021-0234 refers to the effective date of
December 14, 2018 (the effective date of the original issue of EASA
AD 2018-0259) this AD requires using November 19, 2019 (the
effective date of AD 2019-20-03).
    (2) Where EASA AD 2021-0234 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0234 does not apply
to this AD.

(i) Parts Installation Prohibition

    After modification of an airplane as required by paragraph (g)
of this AD, no person may install an affected part on any airplane.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected]/ATTN:
Program Manager, Continuing Operational Safety, FAA. Before using
any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Fokker
Services B.V.'s EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) 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) European Union Aviation Safety Agency (EASA) AD 2021-0234,
dated October 28, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0234, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet

www.easa.europa.eu. You may find this EASA AD on the EASA website at
https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket at www.regulations.gov by searching for and locating Docket
No. FAA-2022-0883.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 15, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-16083 Filed 7-27-22; 8:45 am]
BILLING CODE 4910-13-P