[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58495-58497]
[DOCID:fr16oc07-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28811; Directorate Identifier 2006-NM-246-AD;
Amendment 39-15233; AD 2007-21-15]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 707 Airplanes and Model
720 and 720B Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Boeing Model 707 airplanes and Model 720 and 720B series airplanes.
This AD requires identifying the material used in the elevator hinge
support fittings of the horizontal stabilizer trailing edge, doing
repetitive detailed inspections for cracking of the fittings and
corrective actions if necessary, and doing an eventual terminating
action. This AD results from a report that stress corrosion cracking of
the elevator hinge support fittings has been discovered on several
Model 707 airplanes. We are issuing this AD to prevent cracking of the
elevator hinge support fittings, which could reduce the elevator
support stiffness and lead to in-flight airframe vibration, consequent
damage to the elevator and horizontal stabilizer, and reduced
controllability of the airplane.

DATES: This AD becomes effective November 20, 2007.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 20,
2007.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; 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<PHONE_NUMBER>) is the Document 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: Duong Tran, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6452; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Boeing Model 707
airplanes and Model 720 and 720B series airplanes. That NPRM was
published in the Federal Register on July 30, 2007 (72 FR 41462). That
NPRM proposed to require identifying the material used in the elevator
hinge support fittings of the horizontal stabilizer trailing edge,
doing repetitive detailed inspections for cracking of the fittings and
corrective actions if necessary, and doing an eventual terminating
action.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We received no comments on the NPRM or on the
determination of the cost to the public.

Clarification of Costs of Compliance

    In the NPRM, the estimated cost per airplane for the proposed
detailed inspections was correct, but the fleet cost was erroneously
calculated to be $47,840 per inspection cycle. We have

corrected that amount to $99,840 per inspections cycle.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
change described previously. We have determined that this change will
neither increase the economic burden on any operator nor increase the
scope of the AD.

Costs of Compliance

    There are about 185 airplanes of the affected design in the
worldwide fleet. This AD affects about 52 airplanes of U.S. registry.
The following table provides the estimated costs for U.S. operators to
comply with this AD, at an average labor rate of $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                   Work hours             Parts        Cost per  Airplane      Fleet cost
----------------------------------------------------------------------------------------------------------------
Material verification...........  1.................  No parts needed...  $80...............  $4,160.
Detailed inspections............  24, per inspection  No parts needed...  $1,920............  $99,840, per
                                   cycle.                                                      inspection cycle.
Modification (fabrication and     6.................  Operator supplied.  $480..............  $24,960.
 installation of nutplates).
Terminating action..............  132...............  $53,078 \1\ or      $63,638 \1\ or      Up to $5,112,120.
                                                       $87,750 \2\.        $98,310 \2\.
----------------------------------------------------------------------------------------------------------------
\1\ for Group 1 airplanes.
\2\ for Group 2 airplanes.

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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2007-21-15 Boeing: Amendment 39-15233. Docket No. FAA-2007-28811;
Directorate Identifier 2006-NM-246-AD.

Effective Date

    (a) This AD becomes effective November 20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model 707-100 long body, -200, -100B
long body, and -100B short body series airplanes; Model 707-300, -
300B, -300C, and -400 series airplanes; and Model 720 and 720B
series airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from a report that stress corrosion cracking
of the elevator hinge support fittings of the horizontal stabilizer
trailing edge has been discovered on several Model 707 airplanes. We
are issuing this AD to prevent cracking of the elevator hinge
support fittings, which could reduce the elevator support stiffness
and lead to in-flight airframe vibration, consequent damage to the
elevator and horizontal stabilizer, and reduced controllability of
the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Boeing 707 Alert Service Bulletin
A3518, dated October 9, 2006.

Material Identification

    (g) Within 180 days after the effective date of this AD or
before further flight after any horizontal stabilizer is replaced:
Verify the type of material used in the elevator hinge support
fittings of the horizontal stabilizer trailing edge, in accordance
with Part 1 of the Accomplishment Instructions of the service
bulletin, then do the requirements of paragraph (g)(1) or (g)(2) of
this AD, as applicable. Repeat the verification before further
flight after the replacement of any hinge support fitting.
    (1) For any hinge support fitting made of 7075-T7351 material:
No further action is required by paragraph (h) or (i) of this AD.
    (2) For any hinge support fitting made of 7079-T6 or 7075-T6
material: Do the actions required by paragraph (h) of this AD.

Repetitive Inspections, One-time Modification, and Corrective Actions

    (h) Before further flight after doing paragraph (g) of this AD,
do a detailed inspection for cracking of the hinge support fittings
and modify certain segments of the rib webs, in accordance with Part
2 of the Accomplishment Instructions of the service bulletin. For
any hinge support fitting found to be cracked or damaged, before
further flight, do the actions required by paragraph (h)(1) or
(h)(2) of this AD; in accordance with Part 3 of the Accomplishment
Instructions of the service bulletin. Do all actions in accordance
with the Accomplishment Instructions of the service bulletin; except
where the service bulletin specifies to contact the manufacturer for
repair procedures, this AD requires repair using a method approved
in accordance with the procedures specified in paragraph (k) of this
AD.
    (1) Replace the fitting with a serviceable fitting made of 7079-
T6 or 7075-T6 material. Repeat the detailed inspection thereafter at
intervals not to exceed 180 days, until the terminating action
required by paragraph (i) of this AD has been done.
    (2) Replace the fitting with a new, improved fitting made of
7075-T7351 material.

Terminating Action

    (i) For all airplanes: Within 48 months after the effective date
of this AD, replace all hinge support fittings made of 7079-T6 or
7075-T6 material with new, improved fittings made of 7075-T7351
material, in accordance with Part 4 of the Accomplishment
Instructions of the service bulletin. Doing this action terminates
all requirements of paragraphs (g) and (h) of this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install,
on any airplane, a new or serviceable hinge support fitting made of
7079-T6 or 7075-T6 material, unless the requirements of paragraph
(h)(1) of this AD are accomplished.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (l) You must use Boeing 707 Alert Service Bulletin A3518, dated
October 9, 2006, to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of this document in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207,
for a copy of this service information. You may review copies at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington; or 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 October 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-20219 Filed 10-15-07; 8:45 am]

BILLING CODE 4910-13-P


Marjorie Jones/RTP/USEPA/US

06/17/2007 04:55 PM

To

"Johansson, Robert"<EMAIL_ADDRESS> cc

Ron Evans/RTP/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Bryan Hubbell/RTP/USEPA/US@EPA, Rebecca Daniels/RTP/USEPA/US@EPA

Subject

Benefits chapter:  redline version for Margo

Rob:  Neal Fann has sent me a note saying that the redline version included text responding to specific comments from Margo, so it's important for her, at least, to review that version.

Would you please make sure to forward that version to her?  If she feels that it needs to go to a broader group, I think that's fine.  As you and Ron discussed, we were trying to keep reading easier, but if folks want to see the mess of the changes we're happy to make it all transparent.

I've recommended that Neal and Ron follow up with Margo directly on Monday to make sure that you and I are supporting whatever they need.

Thanks, Margie

Marjorie C. Jones

Office of Air Quality Planning & Standards

Air Benefit and Cost Group, Mail Code C439-02

Health and Environmental Impacts Division

RTP, NC 27711

voice:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

Shipping/receiving: 4930 Old Page Rd.

Durham, NC 27709


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78524-78527]
[FR Doc No: 2022-27686]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1569; Project Identifier MCAI-2022-01267-T;
Amendment 39-22267; AD 2022-25-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A310 series airplanes. This AD was prompted by a
determination that new or more restrictive maintenance requirements and
airworthiness tasks are necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness tasks, as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective January 6, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 6,
2023.
    The FAA must receive comments on this AD by February 6, 2023.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1569; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and

other information. The street address for Docket Operations is listed
above.
    Material Incorporated by Reference:
     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]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
     You may view this service information 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 at
regulations.gov under Docket No. FAA-2022-1569.

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-2022-1569; Project Identifier MCAI-
2022-01267-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
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

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0193, dated September 23, 2022
(EASA AD 2022-0193) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A310-203, -203C, -204, -221,
-222, -304, -308, -322, -324, and -325 airplanes. Model A310-203C and -
308 airplanes are not certificated by the FAA and are not included on
the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability.
    The MCAI states that new or more restrictive airworthiness
limitations tasks related to the center fuselage are necessary to
address fatigue cracking, damage, or corrosion in principal structural
elements. EASA AD 2022-0193 specifies that it requires tasks
(limitations) already in Airbus A310 Airworthiness Limitations Section
(ALS), Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI),
Revision 03, dated December 14, 2018, that is required by EASA AD 2019-
0091 (which corresponds to FAA AD 2019-20-06, Amendment 39-19759 (84 FR
55859, October 18, 2019) (AD 2019-20-06)), and that incorporation of
EASA AD 2022-0193 invalidates (terminates) prior instructions for those
tasks. This AD therefore terminates the limitations for the
corresponding tasks, as required by paragraph (g) of AD 2019-20-06.
    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is issuing
this AD to address the effects of aging on airplane systems. Such
effects could change system characteristics, leading to an increased
potential for failure of certain life-limited parts. See the MCAI for
additional background information.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1569.

Related Service Information Under 1 CFR part 51

    EASA AD 2022-0193 describes new or more restrictive airworthiness
tasks for airplane structure (center fuselage). 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

    This product has been approved by the aviation authority of another
country and is 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 the same type design.

Requirements of This AD

    This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness tasks, which are specified in EASA AD 2022-0193 described
previously, as incorporated by reference. Any differences with EASA AD
2022-0193 are identified as exceptions in the regulatory text of this
AD.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this AD, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative method
of compliance (AMOC) according to paragraph (k)(1) of this AD.

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 2022-0193

is incorporated by reference in this AD. This AD requires compliance
with EASA AD 2022-0193 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 2022-0193 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 2022-
0193. Service information required by EASA AD 2022-0193 for compliance
will be available at regulations.gov under Docket No. FAA-2022-1569
after this AD is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing 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

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, the FAA estimates the total cost per operator to be $7,650
(90 work-hours x $85 per workhour).

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 adding the following new airworthiness
directive:

2022-25-11 Airbus SAS: Amendment 39-22267; Docket No. FAA-2022-1569;
Project Identifier MCAI-2022-01267-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 6, 2023.

(b) Affected ADs

    This AD affects AD 2019-20-06, Amendment 39-19759 (84 FR 55859,
October 18, 2019) (AD 2019-20-06).

(c) Applicability

    This AD applies to all Airbus SAS Model A310-203, -204, -221, -
222, -304, -322, -324 and -325 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness tasks are necessary. The FAA is issuing
this AD to address fatigue cracking, damage, or corrosion in
principal structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.

(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, European Union Aviation Safety Agency (EASA) AD
2022-0193, dated September 23, 2022 (EASA AD 2022-0193).

(h) Exceptions to EASA AD 2022-0193

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0193 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0193 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (1) of EASA AD 2022-0193 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2022-0193, or within 90 days after the effective date of
this AD, whichever occurs later.
    (4) The provisions specified in paragraph (4) of EASA AD 2022-
0193 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' paragraph of EASA AD
2022-0193.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0193.

(j) Terminating Action for AD 2019-20-06

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-20-06 only for the tasks
identified in the service information referenced in EASA AD 2022-
0193.

(k) 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, send it to the attention of the person
identified in paragraph (l) 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 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, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Additional 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].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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 2022-0193,
dated September 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0193, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at 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>.
    (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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27686 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Rules and Regulations]
[Pages 21394-21397]
[FR Doc No: 2014-08701]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 140331295-4324-01]
RIN 0694-AG14

Addition of Person to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding one person under two entries to the Entity List. The person
who is added to the Entity List has been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States. This person will be listed on
the Entity List under the destination of Crimea (Occupied) with a cross
reference added under Ukraine.

DATES: Effective Date: This rule is effective April 16, 2014.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (Supplement No. 4 to Part 744) notifies the public
about entities that have engaged in activities that could result in an
increased risk of the diversion of exported, reexported or transferred
(in-country) items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to include activities sanctioned by the State Department and
activities contrary to U.S. national security or foreign policy
interests, including terrorism and export control violations involving
abuse of human rights. Certain exports, reexports, and transfers (in-
country) to entities identified on the Entity List require licenses
from BIS and are usually subject to a policy of denial. The
availability of license exceptions in such transactions is very
limited. The license review policy for each entity is identified in the
license review policy column on the Entity List and the availability of
license exceptions is noted in the Federal Register notices adding
persons to the Entity List. BIS places entities on the Entity List
based on certain sections of part 744 (Control Policy: End-User and
End-Use Based) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
all decisions to remove or modify an entry by unanimous vote. The
Departments represented on the ERC approved these changes to the Entity
List.

ERC Entity List Decisions

Addition to the Entity List

    This rule implements the decision of the ERC to add one person
under two entries to the Entity List on the basis of Sec.  744.11
(License requirements that apply to entities acting contrary to the
national security or foreign policy interests of the United States) of
the EAR. The two entries added to the Entity List consist of one entry
in Crimea (Occupied) with an additional entry added to provide a cross
reference from Ukraine. The ERC's decision to add `Crimea (Occupied)'
to the Country column of the Entity List results from the U.S.
government's decision to use `Crimea (Occupied)' to describe the
purported annexation of Crimea by the Russian Federation.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity
List) in making the determination to add this one person under two
entities to the Entity List. Under that paragraph, persons for whom
there is reasonable cause to believe, based on specific and articulable
facts, have been involved, are involved, or pose a significant risk of
being or becoming involved in, activities that are contrary to the
national security or foreign policy interests of the United States and
those acting on behalf of such persons may be added to the Entity List.
    The one person under two entries being added to the entity list is
a regional oil and gas company in Crimea, Chernomorneftegaz, a.k.a.
Chornomornaftogaz and NJSC Chornomornaftogaz, which is a subsidiary of
Naftogaz. Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC
Chornomornaftogaz, has been determined by the ERC to be involved in
activities that are contrary to the national security or foreign policy
interests of the United States. The U.S. Government has determined that
the

Russian Federation's actions--including the recent deployment of
Russian Federation military forces in the Crimea area of Ukraine
(Occupied Crimea)--are in clear violation of Ukrainian sovereignty and
territorial integrity and a breach of international law, including
Russia's obligations under the United Nations Charter and under its
1997 military basing agreement with Ukraine. They are also inconsistent
with the 1994 Budapest Memorandum, under which, in response to certain
commitments by Ukraine, Russia, the United States and the United
Kingdom, the signatories consecrated the sovereignty and territorial
integrity of Ukraine as an independent state by applying the principles
of territorial integrity and nonintervention found in Helsinki Final
Act, the accords signed by the Conference on Security and Cooperation
in Europe of 1975. The Russian Federation's actions also conflict with
the Vienna Document of 1979, as adopted by the members of the
Organization for Security and Cooperation in Europe (of which the
Russian Federation is a member), which includes a provision for
exchange and verification of military information among membership,
including but not limited to prior notification of military activities
such as major troop exercises.
    On March 6, 2014, the President of the United States issued
Executive Order 13660 (79 FR 13491), Blocking Property of Certain
Persons Contributing to the Situation in Ukraine, finding that the
actions and policies of persons including persons who have asserted
governmental authority in the Crimean region (Occupied Crimea) without
the authorization of the Government of Ukraine undermine democratic
processes and institutions in Ukraine; threaten its peace, security,
stability, sovereignty, and territorial integrity; and contribute to
the misappropriation of its assets, constitute an unusual and
extraordinary threat to the national security and foreign policy of the
United States, and declaring a national emergency to deal with that
threat.
    Specifically, Executive Order 13660 blocks all property and
interests in property that are in the United States, that come within
the United States, or that are or come within the possession or control
of any United States person (including any foreign branch) of any
person determined by the Secretary of the Treasury, in consultation
with the Secretary of State, to be responsible for or complicit in, or
to have engaged in, directly or indirectly, misappropriation of state
assets of Ukraine or of an economically significant entity in Ukraine,
among other activities. In conjunction with the Department of the
Treasury's designation of Chernomorneftegaz, a.k.a. Chornomornaftogaz
and NJSC Chornomornaftogaz, under Executive Order 13660, the Department
of Commerce is imposing a license requirement for exports, reexports
and transfers (in-country) to Chernomorneftegaz, a.k.a.
Chornomornaftogaz and NJSC Chornomornaftogaz. Imposition of this
license requirement implements an appropriate measure within the
authority of the EAR to carry out the provisions of Executive Order
13660. The entity being added to the Entity List under this rule,
Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz,
and its assets, were misappropriated. Pursuant to Sec.  744.11 of the
EAR, the ERC determined that the conduct of this person raises
sufficient concern that prior review of exports, reexports, or
transfers (in-country) of items subject to the EAR involving this
person, and the possible imposition of license conditions or license
denials on shipments to this person, will enhance BIS's ability to
protect the foreign policy and national security interests of the
United States.
    For the one person under two entries added to the Entity List, the
ERC specified a license requirement for all items subject to the EAR
and a license review policy of presumption of denial. The license
requirements apply to any transaction in which items are to be
exported, reexported, or transferred (in-country) to this person or in
which this person acts as purchaser, intermediate consignee, ultimate
consignee, or end-user. In addition, no license exceptions are
available for exports, reexports, or transfers (in-country) to this
person being added to the Entity List in this rule.
    This final rule adds the following one person under two entries to
the Entity List:
Crimea (Occupied)
    (1) Chernomorneftegaz, a.k.a., the following two aliases:

--Chornomornaftogaz, and
--NJSC Chornomornaftogaz.
    Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000,
Ukraine. (See Ukraine)
Ukraine
    (1) Chernomorneftegaz, a.k.a., the following two aliases:

--Chornomornaftogaz, and
--NJSC Chornomornaftogaz.
    Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000,
Ukraine. (See also Crimea (Occupied)).

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on April 16, 2014, pursuant to actual orders for
export or reexport to a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export or reexport without a license (NLR).

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 8, 2013, 78 FR 49107 (August 12, 2013), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which

includes, among other things, license applications and carries a burden
estimate of 43.8 minutes for a manual or electronic submission. Total
burden hours associated with the PRA and OMB control number 0694-0088
are not expected to increase as a result of this rule. You may send
comments regarding the collection of information associated with this
rule, including suggestions for reducing the burden, to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to
protect U.S. national security or foreign policy interests by
preventing items from being exported, reexported, or transferred (in
country) to the persons being added to the Entity List. If this rule
were delayed to allow for notice and comment and a delay in effective
date, then entities being added to the Entity List by this action would
continue to be able to receive items without a license and to conduct
activities contrary to the national security or foreign policy
interests of the United States. In addition, publishing a proposed rule
would give these parties notice of the U.S. Government's intention to
place them on the Entity and would create an incentive for these
persons to either accelerate receiving items subject to the EAR to
conduct activities that are contrary to the national security or
foreign policy interests of the United States, and/or to take steps to
set up additional aliases, change addresses, and other measures to try
to limit the impact of the listing on the Entity List once a final rule
was published. Further, no other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
rule. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C.
7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851,
58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR,
1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786;
Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of
September 18, 2013, 78 FR 58151 (September 20, 2013); Notice of
November 7, 2013, 78 FR 67289 (November 12, 2013); Notice of January
21, 2014, 79 FR 3721 (January 22, 2014).

0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding, in alphabetical order, an entry for Crimea (Occupied);
and
0
b. By adding under Ukraine, in alphabetical order, one Ukrainian
entity.
    The addition reads as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                                          License review       Federal Register
         Country                  Entity          License requirement         policy               citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CRIMEA (OCCUPIED)........  Chernomorneftegaz,    For all items         Presumption of        79 FR [INSERT FR
                            a.k.a., the           subject to the EAR    denial.               PAGE NUMBER IN THE
                            following two         (See Sec.   744.11                          Federal Register],
                            aliases:              of the EAR).                                April 16, 2014.
                           --Chornomornaftogaz,
                            and.
                           --NJSC
                            Chornomornaftogaz..
                           Kirova/per.
                            Sovnarkomovskaya,
                            52/1, Simferopol,
                            Crimea, 95000,
                            Ukraine. (See
                            Ukraine).

                                                  * * * * * * *
UKRAINE..................  Chernomorneftegaz,    For all items         Presumption of        79 FR [INSERT FR
                            a.k.a., the           subject to the EAR.   denial.               PAGE NUMBER IN THE
                            following two         (See Sec.   744.11                          Federal Register],
                            aliases:              of the EAR).                                April 16, 2014.
                           --Chornomornaftogaz,
                            and.
                           --NJSC
                            Chornomornaftogaz..
                           Kirova/per.
                            Sovnarkomovskaya,
                            52/1, Simferopol,
                            Crimea, 95000,
                            Ukraine. (See also
                            Crimea (Occupied)).
                                                                 * * * * *

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: April 11, 2014.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security (BIS).
[FR Doc. 2014-08701 Filed 4-14-14; 11:15 am]
BILLING CODE 3510-33-P