[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Rules and Regulations]
[Pages 55036-55041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22389]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0444; Product Identifier 2019-NM-028-AD; Amendment 
39-19756; AD 2019-20-03]
RIN 2120-AA64


Airworthiness Directives; Various Transport 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 
various transport airplanes. This AD was prompted by reports of smoke 
and fumes in the flight deck. This AD requires modification of certain 
universal serial bus (USB) receptacles located in the flight deck. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective November 19, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 15, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 
2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax 
+31 (0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0444.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0444; 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 regulatory evaluation, 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: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0259R1, dated February 7, 2019 (``EASA AD 2018-0259R1'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the following 
airplanes on which certain USB receptacles were installed using certain 
Fokker service information:
     Fokker Services B.V. Model F.27 Mark 050 airplanes.
     Fokker Services B.V. Model F28 Mark 3000 airplanes.
     Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 
airplanes.
     Airbus SAS Model A318-111 airplanes.

[[Page 55037]]

     Airbus SAS Model A319-111, -112, -114, -115, and -132 
airplanes.
     Airbus SAS Model A320-211, -212, -214, -231, -232, and -
251N airplanes.
     Airbus SAS Model A321-211, -231, -232, -251N and -253N 
airplanes.
     Airbus SAS Model A330-202, -223, -243, -322 and -343 
airplanes.
     Airbus SAS Model A340-312 and -313 airplanes.
     ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
500 airplanes.
     ATR--GIE Avions de Transport R[eacute]gional Model ATR72-
212 and -212A airplanes.
     The Boeing Company Model 737-300, -400, -500, -700, -800 
and -900ER series airplanes.
     The Boeing Company Model 757-200 series airplanes.
     The Boeing Company Model 767-200 and -300 series 
airplanes.
     The Boeing Company Model 777-200LR series airplanes.
     Bombardier, Inc., Model CL-600-2B16 (601-3A, 601-3R, and 
604 Variants) airplanes.
     Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 
700, 701 & 702) airplanes.
     Bombardier, Inc., Model DHC-8-202, -311, -315 and -402 
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to various transport 
airplanes. The NPRM published in the Federal Register on June 24, 2019 
(84 FR 29414). The NPRM was prompted by reports of smoke and fumes in 
the flight deck due to overheating of an Electronic Flight Bag (EFB) 
USB receptacle. The NPRM proposed to require modification of certain 
USB receptacles located 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.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) indicated its 
support for the NPRM.

Request To Revise Applicability

    NetJets submitted two requests to revise the applicability of the 
proposed AD. The commenter's first request was to exclude Bombardier 
Model CL-650 airplanes having serial numbers 6071 and subsequent. The 
commenter provided a page from the Bombardier Model CL-650 Illustrated 
Parts Catalog, which shows that the USB part number delivered on 
airplanes with those serial numbers is not the affected USB part number 
addressed in the proposed AD. The commenter submitted a subsequent 
request asking that all Model CL-650 airplanes be removed from the 
applicability of the proposed AD. The commenter stated that it had 
conducted additional research and provided a list of airplane models 
that have the affected USB part installed that was created by Fokker 
and only one Bombardier Model CL-650 airplane, having serial number (S/
N) 5651, has the affected part installed.
    The FAA acknowledges the commenter's observation that a limited 
number of Bombardier Model CL-650 airplanes (also known as Challenger 
650 airplanes; a marketing designation for the Model CL-600-2B16 (604 
Variant) airplanes beginning with S/N 6050 and subsequent) may have the 
affected part installed. However, the FAA does not agree with the 
commenter's request to revise the applicability of this AD. Since some 
of the CL-600-2B16 (604 Variant) airplanes may have the affected part 
installed, the requirements of this AD apply to those airplanes. The 
FAA has determined that it is the operators' responsibility to conduct 
the necessary review to determine if an airplane in its fleet is 
affected by the requirements of this AD. This AD applies to the 
airplanes identified in figure 1 to paragraph (c) of this AD, having an 
affected part (defined in paragraph (g) of this AD) installed as 
specified in the applicable service information identified in in figure 
1 to paragraph (c) of this AD. The FAA has not revised this AD 
regarding this issue.

Request To Allow Records Review

    NetJets requested that the proposed AD include a provision to allow 
operators to do a records review to determine which airplanes have the 
affected USB part installed.
    The commenter provided pages from the Bombardier Model CL-650 
Illustrated Parts Catalog and pointed out that specific serial numbers 
of Bombardier Model CL-650 airplanes were delivered with factory-
installed USB ports and are not affected by the modification specified 
in the proposed AD.
    The FAA acknowledges the commenter's request. However, while the 
manufacturers Illustrated Parts Catalog is a valuable tool for 
operators to order replacement parts, it is not an FAA approved 
document that identifies an airplane delivered type design 
configuration. A records review is one way of determining if the 
affected part is installed on an airplane if the review can 
conclusively identify the affected part. Paragraph (h) of this AD 
requires modification of affected parts; this AD does not specify any 
required method for determining that an affected part is installed on 
an airplane. Therefore, operators can do an appropriate records review 
or they can inspect the airplane to determine if the affected part is 
installed. The FAA has not revised this AD regarding this issue.

Request To Include Supplemental Type Certificate (STC) Number

    Net Jets requested that the proposed AD include the STC number for 
any USB receptacle that was installed on an airplane using the FAA-
approved STC process. The commenter observed that including the STC 
number would aid in its research to determine which airplanes in its 
fleet would be affected by the requirements specified in the proposed 
AD.
    The FAA acknowledges the commenter's request. Figure 1 to paragraph 
(c) of this AD already includes the applicable STC numbers for USB 
receptacles installed using the FAA-approved STC process. Because a USB 
receptacle could have been installed using a means other than an STC, 
it is the operator's responsibility to conduct the review necessary to 
determine if an airplane in its fleet is affected by the requirements 
of this AD. The FAA has not revised this AD regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The agency has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued the following service information, 
which describes procedures for modifying the electronic flight bag USB 
receptacles located in the flight deck, including current limiting and 
overheat protection. These documents are

[[Page 55038]]

distinct since they apply to different airplane models.
     Fokker Services F28 Generic Service Bulletin SBF28-46-002, 
Revision 0, dated July 27, 2018.
     Fokker Services F50/60 Generic Service Bulletin SBF50-46-
006, Revision 0, dated July 27, 2018.
     Fokker Services F100/700 Generic Service Bulletin SBF100-
46-008, Revision 0, dated July 27, 2018.
     Fokker Services Engineering Bulletin EBA320-0167, Revision 
2, Sequence 4, dated December 13, 2018.
     Fokker Services Engineering Bulletin EBA330-0011, Revision 
0, Sequence 9, dated July 27, 2018.
     Fokker Services Engineering Bulletin EBA340-0005, Revision 
0, Sequence 8, dated July 27, 2018.
     Fokker Services Engineering Bulletin EBAT72-0013, Revision 
0, Sequence 7, dated July 27, 2018.
     Fokker Services Engineering Bulletin EBB737-0156, Revision 
3, Sequence 3, dated February 25, 2019.
     Fokker Services Engineering Bulletin EBB757-0020, Revision 
1, Sequence 3, dated October 2, 2018.
     Fokker Services Engineering Bulletin EBB767-0023, Revision 
1, Sequence 3, dated October 3, 2018.
     Fokker Services Engineering Bulletin EBB777-0009, Revision 
1, Sequence 3, dated October 3, 2018.
     Fokker Services Engineering Bulletin EBCL60-0010, Revision 
1, Sequence 3, dated August 30, 2018.
     Fokker Services Engineering Bulletin EBDHC8-0035, Revision 
1, Sequence 4, dated December 13, 2018.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $3,570
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on the parts costs for the required actions.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in our cost estimate.

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

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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-20-03 Transport Category Airplanes: Amendment 39-19756; Docket 
No. FAA-2019-0444; Product Identifier 2019-NM-028-AD.

(a) Effective Date

    This AD is effective November 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in figure 1 to 
paragraph (c) of this AD, certificated in any category, having an 
affected part (defined in paragraph (g) of this AD) installed as 
specified in the applicable service information identified in figure 
1 to paragraph (c) of this AD.
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(d) Subject

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

(e) Reason

    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) Definition

    For the purpose of this AD, an ``affected part'' is a universal 
serial bus (USB) receptacle manufactured by Lone Star Aviation, 
Corporation, having part number LS03-05050-A.

(h) Modification

    Within 12 months after the effective date of this AD, modify 
each affected part in accordance with the Accomplishment 
Instructions of the applicable Fokker Services B.V. service 
information identified in paragraphs (h)(1) through (13) of this AD.
    (1) Fokker Services Engineering Bulletin EBA320-0167, Revision 
2, Sequence 4, dated December 13, 2018.
    (2) Fokker Services Engineering Bulletin EBA330-0011, Revision 
0, Sequence 9, dated July 27, 2018.
    (3) Fokker Services Engineering Bulletin EBA340-0005, Revision 
0, Sequence 8, dated July 27, 2018.
    (4) Fokker Services Engineering Bulletin EBAT72-0013, Revision 
0, Sequence 7, dated July 27, 2018.
    (5) Fokker Services Engineering Bulletin EBB737-0156, Revision 
3, Sequence 3, dated February 25, 2019.
    (6) Fokker Services Engineering Bulletin EBB757-0020, Revision 
1, Sequence 3, dated October 2, 2018.
    (7) Fokker Services Engineering Bulletin EBB767-0023, Revision 
1, Sequence 3, dated October 3, 2018.
    (8) Fokker Services Engineering Bulletin EBB777-0009, Revision 
1, Sequence 3, dated October 3, 2018.
    (9) Fokker Services Engineering Bulletin EBCL60-0010, Revision 
1, Sequence 3, dated August 30, 2018.
    (10) Fokker Services Engineering Bulletin EBDHC8-0035, Revision 
1, Sequence 4, dated December 13, 2018.
    (11) Fokker Services F28 Generic Service Bulletin SBF28-46-002, 
Revision 0, dated July 27, 2018.
    (12) Fokker Services F50/60 Generic Service Bulletin SBF50-46-
006, Revision 0, dated July 27, 2018.
    (13) Fokker Services F100/700 Generic Service Bulletin SBF100-
46-008, Revision 0, dated July 27, 2018.

(i) Parts Installation Prohibition

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

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using the applicable service information 
specified in paragraphs (j)(1) through (7) of this AD.
    (1) Fokker Services Engineering Bulletin EBA320-0167, Revision 
1, dated August 30, 2018.
    (2) Fokker Services Engineering Bulletin EBDHC8-0035, Revision 
0, dated July 27, 2018.
    (3) Fokker Services Engineering Bulletin EBB737-0156, Revision 
1, dated August 30, 2018.
    (4) Fokker Services Engineering Bulletin EBB737-0156, Revision 
2, dated October 3, 2018.
    (5) Fokker Services Engineering Bulletin EBB757-0020, Revision 
0, dated July 27, 2018.
    (6) Fokker Services Engineering Bulletin EBB767-0023, Revision 
0, dated July 27, 2018.
    (7) Fokker Services Engineering Bulletin EBB777-0009, Revision 
0, dated July 27, 2018.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0259R1, dated February 7, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0444.
    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) 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) Fokker Services Engineering Bulletin EBA320-0167, Revision 
2, Sequence 4, dated December 13, 2018.

[[Page 55041]]

    (ii) Fokker Services Engineering Bulletin EBA330-0011, Revision 
0, Sequence 9, dated July 27, 2018.
    (iii) Fokker Services Engineering Bulletin EBA340-0005, Revision 
0, Sequence 8, dated July 27, 2018.
    (iv) Fokker Services Engineering Bulletin EBAT72-0013, Revision 
0, Sequence 7, dated July 27, 2018.
    (v) Fokker Services Engineering Bulletin EBB737-0156, Revision 
3, Sequence 3, dated February 25, 2019.
    (vi) Fokker Services Engineering Bulletin EBB757-0020, Revision 
1, Sequence 3, dated October 2, 2018.
    (vii) Fokker Services Engineering Bulletin EBB767-0023, Revision 
1, Sequence 3, dated October 3, 2018.
    (viii) Fokker Services Engineering Bulletin EBB777-0009, 
Revision 1, Sequence 3, dated October 3, 2018.
    (ix) Fokker Services Engineering Bulletin EBCL60-0010, Revision 
1, Sequence 3, dated August 30, 2018.
    (x) Fokker Services Engineering Bulletin EBDHC8-0035, Revision 
1, Sequence 4, dated December 13, 2018.
    (xi) Fokker Services F28 Generic Service Bulletin SBF28-46-002, 
Revision 0, dated July 27, 2018.
    (xii) Fokker Services F50/60 Generic Service Bulletin SBF50-46-
006, Revision 0, dated July 27, 2018.
    (xiii) Fokker Services F100/700 Generic Service Bulletin SBF100-
46-008, Revision 0, dated July 27, 2018.
    (3) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected] or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-22389 Filed 10-11-19; 8:45 am]
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