[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Rules and Regulations]
[Pages 68109-68111]
[FR Doc No: 2021-26110]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0568; Project Identifier MCAI-2021-00446-T;
Amendment 39-21798; AD 2021-22-25]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A330-200, -200 Freighter, -300, and -900 series
airplanes; and Model A340-200, -300, -500, and -600 series airplanes.
This AD was prompted by a report that during the frame of flight test
clearance process, a detailed analysis of air data reference (ADR)
failure scenarios led to the identification that compliance
requirements for loads and handling qualities throughout the flight
envelope could be impaired in case of dispatch with one ADR inoperative
(master minimum equipment list (MMEL) item 34-10-01) during the maximum
interval allowed by the current MMEL. This AD requires revising the
operator's existing FAA-approved minimum equipment list (MEL) for the
air data/inertial reference system, 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 is effective January 5, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 5,
2022.

ADDRESSES: 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 https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0568.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0568; 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 address for Docket Operations is
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: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax:<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0103, dated April 13, 2021
(EASA AD 2021-0103) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A330-200, -200 Freighter, -
300, and -900 series airplanes; Model A340-200 and -300 series
airplanes; and Model A340-541, -542, -642, and -643 airplanes. Model
A340-542 and -643 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A330-200, -200 Freighter, -300, and -900 series airplanes; and Model
A340-200, -300, -500, and -600 series airplanes. The NPRM published in
the Federal Register on July 28, 2021 (86 FR 40373). The NPRM was
prompted by a report that during the frame of flight test clearance
process, a detailed analysis of ADR failure scenarios led to the
identification that compliance requirements for loads and handling
qualities throughout the flight envelope

could be impaired in case of dispatch with one ADR inoperative (MMEL
item 34-10-01) during the maximum interval allowed by the current MMEL.
The NPRM proposed to require revising the operator's existing FAA-
approved MEL for the air data/inertial reference system, as specified
in EASA AD 2021-0103.
    The FAA is issuing this AD to address the possibility of in-flight
loss of a second ADR combined with erroneous low speed data provided by
the remaining functional ADR, which could result in loss of control of
the airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0103 describes procedures for revising the air data/
inertial reference system for MMEL item 34-10-01. 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.

Costs of Compliance

    The FAA estimates that this AD affects 130 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170          $22,100
----------------------------------------------------------------------------------------------------------------

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

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:

2021-22-25 Airbus SAS: Amendment 39-21798; Docket No. FAA-2021-0568;
Project Identifier MCAI-2021-00446-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (8) of this AD, certificated in any
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-941 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 airplanes.
    (8) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by a report that during the frame of flight
test clearance process, a detailed analysis of air data reference
(ADR) failure scenarios led to the identification that compliance
requirements for loads and handling qualities throughout the flight
envelope could be impaired in case of dispatch with one ADR
inoperative (master minimum equipment list (MMEL) item 34-10-01)
during the maximum interval allowed by the current MMEL. The FAA is
issuing this AD to address the possibility of in-flight loss of a
second ADR combined with erroneous low speed data provided by the
remaining functional ADR, which could result in loss of control 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
2021-0103, dated April 13, 2021 (EASA AD 2021-0103).

(h) Exceptions to EASA AD 2021-0103

    (1) Where EASA AD 2021-0103 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0103 specifies to implement certain
information in ``the MMEL MER'' into the ``operational
documentation,'' this AD requires revising the operator's existing
FAA-approved minimum equipment list (MEL) to incorporate that
information.
    (3) Where EASA AD 2021-0103 specifies to ``inform all flight
crews, and, thereafter, operate the aeroplane accordingly,'' this AD
does not require those actions as those actions are already required
by existing FAA operating regulations.
    (4) The ``Remarks'' section of EASA AD 2021-0103 does not apply
to this AD.

(i) 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 (j) 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, Large Aircraft
Section, 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 (i)(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.

(j) Related Information

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

(k) 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 2021-0103,
dated April 13, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0103, 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>.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26110 Filed 11-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11644-11645]
[FR Doc No: 2013-03599]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9780-1]

Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Applicant of Adair, OK

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Regional Administrator of EPA Region 6 is hereby granting
a project waiver of the Buy American requirements of ARRA Section 1605
under the authority of Section 1605(b)(2) [manufactured goods are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality] to the Oklahoma Conservation
Commission (``the applicant'') for the for 2,400 square yards of fiber
(coir) woven mats to be installed as part of a stream channel
restoration on eleven sites located in Adair and Cherokee Counties,
Oklahoma for the CWSRF wastewater treatment plant project. The required
fiber (coir) woven mat is manufactured by foreign manufacturers and no
United States manufacturer produces an alternative that meets the
Applicant's technical specifications. This is a project specific waiver
and only applies to the use of the specified product for the ARRA
funded project being proposed. Any other ARRA project that may wish to
use the same product must apply for a separate waiver based on the
specific project circumstances. The Regional Administrator is making
this determination based on the review and recommendations of the EPA
Region 6, Water Quality Protection Division. The Applicant has provided
sufficient documentation to support its request.
    The Assistant Administrator of the EPA's Office of Administration
and Resources Management has concurred on this decision to make an
exception to Section 1605 of ARRA. This action permits the purchase of
the selected fiber (coir) woven mat is not manufactured in America, for
the proposed project being implemented by the Applicant.

DATES: Effective Date: January 17, 2013.

FOR FURTHER INFORMATION CONTACT: Nasim Jahan, Buy American Coordinator,
(214) 665-7522, SRF & Projects Section, Water Quality Protection
Division, U.S. EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733.

SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
1605(b)(2), EPA hereby provides notice that it is granting a project
waiver of the requirements of Section 1605(a) of Public Law 111-5, Buy
American requirements, to the Applicant for the acquisition of selected
made fiber (coir) woven mat. The Applicant has been unable to find
American made fiber (coir) woven mat to meet its specific wastewater
requirements.
    Section 1605 of ARRA requires that none of the appropriated funds
may be used for the construction, alteration, maintenance, or repair of
a public building or public work unless all of the iron, steel, and
manufactured goods used in the project are produced in the United
States unless a waiver is provided to the recipient by EPA. A waiver
may be provided if EPA determines that: (1) Applying these requirements
would be inconsistent with public interest; (2) iron, steel, and the
relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality; or (3) inclusion of iron, steel, and the relevant manufactured
goods produced in the United States will increase the cost of the
overall project by more than 25 percent.
    The Applicant has requested a waiver for fiber (coir) woven mats to
be installed as part of a stream channel restoration on eleven sites
located in Adair and Cherokee Counties, Oklahoma. The applicant claims
that the product required to meet project design and performance
specification requirements is not manufactured in the United States.
    Restoration of stream banks in the Illinois River Watershed within
Adair and Cherokee counties of northeastern Oklahoma requires
installation requires a fiber (coir) woven mat to stabilize soil and
overcome the high shear stress found in a stream environment.
Additional key requirements of the project dictate a product that is
100 percent biodegradable and has a functional lifespan of two to three
years. The project specification criteria are listed below:

------------------------------------------------------------------------
                Property                           Specification
------------------------------------------------------------------------
Weight (ASTM D 5263)....................  23 oz/SY
Tensile Strength Dry (ASTM D 4595):
  Machine Direction.....................  1740 lbs/ft
  Cross direction.......................  1176 lbs/ft
Tensile Strength Wet (ASTM D 4595):
  Machine Direction.....................  1488 lbs/ft
  Cross direction.......................  1032 lbs/ft
Open area...............................  48%

Thickness (ASTM D 5199).................  0.35 inch
Recommended slope.......................  > 1:1
Recommended flow........................  12 fps
Recommended shear stress................  4.5 lbs/ft\2\
``C'' factor............................  0.002
Roll Size...............................  6.5' x 164'
Functional Longevity....................  2 to 3 Yrs.
------------------------------------------------------------------------

    Based on additional research conducted by EPA Region 6 there do not
appear to be any American-made fiber (coir) woven mat that would meet
the Applicant's technical specifications. EPA's national contractor
prepared a technical assessment report based on the waiver request
submittal, which confirmed the waiver applicant's claim that there is
no American-made fiber (coir) woven mat available for use in the
proposed waste water treatment system.
    EPA has also evaluated the Applicant's request to determine if its
submission is considered late or if it could be considered timely, as
per the OMB regulation at 2 CFR Sec.  176.120. EPA will generally
regard waiver requests with respect to components that were specified
in the bid solicitation or in a general/primary construction contract
as ``late'' if submitted after the contract date. However, EPA could
also determine that a request be evaluated as timely, though made after
the date that the contract was signed, if the need for a waiver was not
reasonably foreseeable. If the need for a waiver is reasonably
foreseeable, then EPA could still apply discretion in these late cases
as per the OMB Guidance, which says ``the award official may deny the
request.'' For those waiver requests that do not have a reasonably
unforeseeable basis for lateness, but for which the waiver basis is
valid and there is no apparent gain by the ARRA recipient or loss on
behalf of the government, then EPA will still consider granting a
waiver.
    In this case this ``shovel ready'' project experienced significant
delays during the preliminary design. Originally, the Oklahoma
Conservation Commission contracted with the Oklahoma Department of
Wildlife Resources (ODWR) to evaluate potential sites and to perform
preliminary design and cost estimates to assess feasibility of
including sites in this project. The intent was to hire a design/build
team to perform the work. The ODWR had two leading experts in stream
restoration who were assigned to this project. Some months into the
project, both experts left ODWR to employment elsewhere. After months
of trying to replace them, ODWR were unable to execute the project.
    Oklahoma Conservation Commission then contracted with Oklahoma
State University to evaluate and select sites for the project. After
months of work and careful coordination with Oklahoma Department of
Environmental Quality and U.S. Army Corps of Engineers, Oklahoma State
University identified 12 sites that should be able to qualify for
nationwide 404 permits and might reasonably be restored within the
project budget.
    The contract was awarded in Dec 2011 and site-specific design began
in early 2012. Once designs were available and it was realized that
coir fiber mats would be needed, Oklahoma Water Resources Board
instructed the applicant to apply for a waiver request. EPA believes
that the need for a waiver was not reasonably foreseeable and thus will
treat the Applicant's waiver request as if timely submitted.
    The April 28, 2009, EPA HQ Memorandum, Implementation of Buy
American provisions of Public Law 111-5, the ``American Recovery and
Reinvestment Act of 2009,'' defines reasonably available quantity as
``the quantity of iron, steel, or relevant manufactured good is
available or will be available at the time needed and place needed, and
in the proper form or specification as specified in the project plans
and design.'' The Applicant has incorporated specific technical design
requirements for installation of fiber (coir) woven mat at its
wastewater treatment plant.
    The purpose of the ARRA is to stimulate economic recovery in part
by funding current infrastructure construction, not to delay projects
that are ``shovel ready'' by requiring utilities, such as the
Applicant, to revise their standards and specifications, institute a
new bidding process, and potentially choose a more costly, less
efficient project. The imposition of ARRA Buy American requirements on
such projects otherwise eligible for State Revolving Fund assistance
would result in unreasonable delay and thus displace the ``shovel
ready'' status for this project. To further delay construction is in
direct conflict with a fundamental economic purpose of the ARRA, which
is to create or retain jobs.
    The Region 6 Water Quality Protection Division has reviewed this
waiver request, and has determined that the supporting documentation
provided by the Applicant is sufficient to meet the criteria listed
under ARRA, Section 1605(b), Office of Management and Budget (OMB)
regulations at 2 CFR 176.60-176.170, and in the April 28, 2009,
memorandum, ``Implementation of Buy American provisions of Public Law
111-5, the American Recovery and Reinvestment Act of 2009.'' The basis
for this project waiver is the authorization provided in ARRA, Section
1605(b)(2). Due to the lack of production of this product in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality in order to meet the Applicant's technical
specifications, a waiver from the Buy American requirement is
justified.
    EPA headquarters' March 31, 2009 Delegation of Authority Memorandum
provided Regional Administrators with the authority to issue exceptions
to Section 1605 of ARRA within the geographic boundaries of their
respective regions and with respect to requests by individual grant
recipients. Having established both a proper basis to specify the
particular goods required for this project, and that these manufactured
goods are not available from a producer in the United States, the
Applicant is hereby granted a waiver from the Buy American requirements
of ARRA, Section 1605(a) of Public Law 111-5 for the purchase of the
selected fiber (coir) woven mat, using ARRA funds, as specified in the
Applicant's request. This supplementary information constitutes the
detailed written justification required by ARRA, Section 1605(c), for
waivers ``based on a finding under subsection (b).''

    Authority:  Pub. L. 111-5, section 1605.

    Dated: January 17, 2013.
Ron Curry,
Regional Administrator, U.S. Environmental Protection Agency, Region 6.
[FR Doc. 2013-03599 Filed 2-15-13; 8:45 am]
BILLING CODE 6560-50-P