[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 *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 $255 $3,570
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* 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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