## 72515 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

(l) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Los Angeles Aircraft Certification Office (ACO), 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 manager of the ACO, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information may be emailed to: 9-ANM-LAACO-AMOCRequests@faa.gov.

(2) 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.

(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(4) AMOCs approved previously for AD 2012–18–13 R1, Amendment 39–17429 (78 FR 27020, May 9, 2013), are approved as AMOCs for the corresponding provisions of this AD.

(m) Related Information

(1) For more information about this AD, contact Payman Soltani, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood CA 90712–4137; telephone: 562– 627–5313; fax: 562–627–5210; email: payman.soltani@faa.gov.

(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 the AD specifies otherwise.

(i) Boeing Alert Service Bulletin 737– 53A1214, Revision 5, dated January 30, 2015.

(ii) Reserved. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680;

Internet https://www.myboeingfleet.com.

(4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221.

(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, call 202–741–6030, or go to: http://www.archives.gov/federal-register/cfr/ibrlocations.html.

Issued in Renton, Washington, on September 16, 2016.
Thomas Groves, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2016–23078 Filed 10–19–16; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF TRANSPORTATION

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2016–0465; Directorate Identifier 2015–NM–096–AD; Amendment**  **39–18679; AD 2016–20–13]**

**RIN 2120–AA64**



### Airworthiness Directives; Airbus **Airplanes**

**AGENCY**

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

**ACTION** 

### : Final rule.

**SUMMARY** 

### : We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330–200 and –300 series airplanes; and Model A340–200 and –300 series airplanes. This AD was prompted by a determination that the compliance times for certain post-repair inspections and certain allowable damage limits (ADLs) must be reduced in order to address fatigue. This AD requires identifying any repairs and ADLs used to assess or control any structural damage on certain structural areas, and corrective action if necessary. We are issuing this AD to prevent fatigue damage on primary structure and structural repairs, which could result in reduced structural integrity of the airplane.

**DATES** 

### : This AD is effective November
25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 25, 2016.

**ADDRESSES** 

### : For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51;
email: account.airworth-eas@ airbus.com; Internet: http://
www.airbus.com. You may view this
referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–
1221. It is also available on the Internet

at http://www.regulations.gov by searching for and locating Docket No.

FAA–2016–0465.

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–2016– 0465; 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 street address for the Docket Office (telephone: 800–647– 5527) is Docket 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**

### : Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425–227–1138;
fax: 425–227–1149.

**SUPPLEMENTARY INFORMATION** 

### :

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A330– 200 and –300 series airplanes; and
Model A340–200 and –300 series airplanes. The NPRM published in the Federal Register on February 18, 2016 (81 FR 8160) (‘‘the NPRM’’). The NPRM was prompted by a determination thatthe compliance times for certain postrepair inspections and certain ADLs
must be reduced in order to address fatigue. The NPRM proposed to require identifying any repairs and ADLs used to assess or control any structural damage on certain structural areas, and corrective action if necessary. We are issuing this AD to prevent fatigue damage on primary structure and structural repairs, which could result in reduced structural integrity of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015– 0101R1, dated June 12, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the


## 72516 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

MCAI’’), to correct an unsafe condition
for certain Airbus Model A330–200 and –300 series airplanes; and Model A340– 200 and –300 series airplanes. The
MCAI states:

Result of a fleet survey accomplished in 2008 identified that the nature of flight
missions of A330 and A340–200/300 fleets had significantly changed in comparison with assumed usage during the type certification. Consequently, it was decided to recalculate the Structural Repair Manual (SRM) fatigue values to ensure that the given
threshold and intervals remain valid.

The results of this recalculation identified reduced thresholds and intervals applicable for repairs and Allowable Damage Limits (ADL) affecting the following areas: —Door cut-out corners of door surrounding

panels (forward cargo door, forward passenger (PAX) door, mid PAX door, emergency exit door/PAX door 3, aft cargo door, bulk cargo door, aft PAX door), on both Left Hand (LH) and Right Hand (RH) sides, —Stringer (STGR) 9 junction between Frame

(FR) 10 and FR13 on both LH and RH sides, and —Fuselage skin doubler repairs on both LH

and RH sides. Failing to apply the reduced thresholds and intervals, could adversely affect the structural integrity of the aeroplane.

To address this unsafe condition, Airbus issued SRM revision dated April 2013 and temporary revision (TR) 53–001 for the STGR9 junction between FR10 and FR13 area (and subsequent revisions) to introduce
reduced thresholds and intervals for the affected ADLs and repairs and issued a set of Service Bulletins (SB) to identify the ADLs used and repairs made, as well as to enable operators to update aeroplane repair records.

Consequently EASA issued AD * * *, to require identification of any repairs and/or ADL used to assess or control any structural damage on certain structural areas and, depending on findings, accomplishment of corrective action(s) [including revising the maintenance or inspection program as applicable to incorporate revised thresholds and intervals and repair].

Since that [EASA] AD was issued, data review confirmed that A330 freighter versions are not affected by the unsafe
condition.

This [EASA] AD is revised to remove
A330–223F and A330–243F from the Applicability.



### You may examine the MCAI in the
AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016–

0465.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments
received on the NPRM and the FAA’s

response. Requests To Revise Paragraph (g) of the Proposed AD To Include Physical Inspection as Alternative to Records
Check

Delta Air Lines (DAL) and American Airlines requested that we revise the proposed AD to include a physical inspection of affected areas of the airplane in case the maintenance
records are unavailable or inconclusive
as an alternative to the records check specified in paragraph (g) of the proposed AD. DAL pointed out that
their maintenance record search for applied SRM ADLs had inconclusive results. DAL also pointed out that other U.S. operators may not be able to comply with the proposed AD by performing a maintenance records check. American Airlines provided no further justification.

We agree that an alternative inspection method in lieu of a
maintenance records check could be appropriate. When the repair records and/or applied SRM ADL are unavailable or inconclusive, then an alternative method of inspection can be done using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). We have revised paragraph (g) of this
AD to include an alternative method of inspection in the case of inconclusive or
unavailable records.

We have also revised paragraph (h)(2) of this AD to clarify the affected repairs for that paragraph.

Additional Change Made in This AD

We have converted Tables 1 and 2 of the proposed AD into text. These changes are for formatting purposes only and do not change the intent of those requirements.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM for correcting 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

We reviewed the following Airbus
service information. The service information describes procedures for updating the airplane repair records
with revised thresholds and intervals. These documents are distinct since they apply to different airplane models in different configurations.

• Airbus Service Bulletin A330–53– 3232, dated November 4, 2014.

• Airbus Service Bulletin A330–53– 3233, dated September 26, 2014.

• Airbus Service Bulletin A330–53– 3234, dated December 8, 2014.

• Airbus Service Bulletin A330–53– 3235, Revision 01, dated January 14,

2015.

• Airbus Service Bulletin A340–53– 4222, dated November 25, 2014.

• Airbus Service Bulletin A340–53– 4223, dated September 26, 2014.

• Airbus Service Bulletin A340–53– 4224, dated December 15, 2014.

• Airbus Service Bulletin A340–53– 4225, Revision 01, dated January 14,

2015.

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

We estimate that this AD affects 95 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:



### E STIMATED 

### COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Records review ................... 2 work-hours × $85 per hour = $170 ......................................... $0 $170 $16,150


## 72517 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

We have received no definitive data that would enable us to provide cost
estimates for the on-condition actions specified in this AD.

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 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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. 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**

■ 

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

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

**§ 39.13 [Amended]**

■ 

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

2016–20–13 Airbus: Amendment 39–18679. Docket No. FAA–2016–0465; Directorate Identifier 2015–NM–096–AD.

(a) Effective Date

This AD is effective November 25, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category, manufacturer serial numbers (MSNs) 1 through 1,600 inclusive.

(1) Airbus Model A330–201, –202, –203,
–223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes.

(2) Airbus Model A340–211, –212, –213, –311, –312, and –313 airplanes.

(d) Subject

Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

This AD was prompted by a determinationthat the compliance times for certain postrepair inspections and certain allowable damage limits (ADLs) must be reduced in order to address fatigue. We are issuing this AD to prevent fatigue damage on primary structure and structural repairs, which could result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Records Review

(1) At the applicable times in paragraphs (g)(1)(i) through (g)(1)(x) of this AD, review the airplane maintenance records to identify any structural repair manual (SRM) ADLs used to assess or control any structural damage or any structural repair accomplished as specified in an SRM, as applicable, that have been applied on the applicable areas as specified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD. If the review of the airplane maintenance records is inconclusive or the records are unavailable, inspect the airplane to identify any SRM ADL used to assess or control any structural damage or any structural repair accomplished in accordance with a SRM, as applicable, using a method approved by Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). (i) For Model A330–200 pre-mod 49144 airplanes, with left-hand (LH) and right-hand (RH) mid passenger (PAX) door surround panels, as specified in Airbus Service Bulletin A330–53–3232, dated November 4, 2014: Within 12 months after the effective date of this AD.

(ii) For Model A330–200 pre-mod 49144 airplanes, with forward cargo door, emergency exit door/PAX door 3, aft cargo door, bulk cargo door, and aft PAX door surround panels; as specified in Airbus Service Bulletin A330–53–3232, dated November 4, 2014: Within 24 months after the effective date of this AD.

(iii) For Model A330–300 pre-mod 49144airplanes and Model A340–200 and –300 premod 49144 airplanes, with mid PAX door surround panels, forward cargo door, emergency exit door/PAX door 3, aft cargo door, bulk cargo door, and aft PAX door surround panels; as specified in Airbus Service Bulletin A330–53–3232, dated November 4, 2014; or Airbus Service Bulletin A340–53–4222, dated November 25, 2014; as applicable: Within 24 months after the effective date of this AD.

(iv) For Model A330–201, –202, –203,
–223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 and Model A340–211, –212, –213, –311, –312, and –313, all post-mod 40347 airplanes, with forward PAX door surround panels with an ADL with a temporary life limit; as specified in Airbus Service Bulletin A330–53–3233, dated September 26, 2014; or Airbus Service Bulletin A340–53–4223, dated September 26, 2014; as applicable: Within 12 months after
the effective date of this AD.

(v) For Model A330–201, –202, –203, –223,
–243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 and Model A340–211,–212, –213, –311, –312, and –313, all postmod 40347 airplanes, with forward PAX door surround panels with an ADL with a Permanent Acceptance; as specified in Airbus Service Bulletin A330–53–3233, dated September 26, 2014; or Airbus Service Bulletin A340–53–4223, dated September 26, 2014; as applicable: Within 24 months after
the effective date of this AD.

(vi) For Model A330–201, –202, –203,
–223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes and Model A340–211, –212, –213, –311, –312, and –313 airplanes; stringer 9 junction between frame (FR) 10 and FR13; as specified in Airbus Service Bulletin A330–53–3235, Revision 01, dated January 14, 2015; or Airbus Service Bulletin A340–53–4225, Revision 01, dated January 14, 2015; as applicable: Within 12 months after the
effective date of this AD.

(vii) For Model A340–200 and –300 Weight Variant (WV)00s airplanes; forward and rear fuselage; as specified in Airbus Service Bulletin A340–53–4224, dated December 15,
2014: Within 12 months after the effective
date of this AD.

(viii) For Model A340–200 and –300 WV00s airplanes; nose forward and center fuselage; as specified in Airbus Service Bulletin A340–53–4224, dated December 15,
2014: Within 24 months after the effective
date of this AD.

(ix) For Model A330–200 and –300 premod 49144 airplanes, and Model A340–200


## 72518 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

and –300 WV20s airplanes; forward and rear fuselage, nose forward and center fuselage; as specified in Airbus Service Bulletin A330– 53–3234, dated December 8, 2014; or Airbus Service Bulletin A340–53–4224, dated December 15, 2014; as applicable: Within 24
months after the effective date of this AD.

(x) For Model A330–200 and –300 postmod 49144 airplanes and Model A340–200 and –300 post-mod 49144 airplanes; nose forward and center fuselage; as specified in Airbus Service Bulletin A330–53–3234, dated December 8, 2014; or Airbus Service Bulletin A340–53–4224, dated December 15, 2014; as applicable: Within 24 months after
the effective date of this AD.

(2) Applicable areas (on both LH and RH sides) are identified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD.

(i) Door cut-out corners of door surrounding panels (forward cargo door, mid PAX door, emergency exit door/PAX door 3, aft cargo door, bulk cargo door, aft PAX door), as specified in Airbus Service Bulletin A330–53–3232, dated November 4, 2014; or Airbus Service Bulletin A340–53–4222, dated November 25, 2014; as applicable.

(ii) Forward PAX door surround panels, as specified in Airbus Service Bulletin A330– 53–3233, dated September 26, 2014; or Airbus Service Bulletin A340–53–4223, dated September 26, 2014; as applicable.

(iii) Fuselage skin doubler repairs, as specified in Airbus Service Bulletin A330– 53–3234, dated December 8, 2014; or Airbus Service Bulletin A340–53–4224, dated December 15, 2014; as applicable.

(iv) Stringer 9 junction between FR10 and FR13, as specified in Airbus Service Bulletin A330–53–3235, Revision 01, dated January 14, 2015; or Airbus Service Bulletin A340– 53–4225, Revision 01, dated January 14, 2015; as applicable.

(h) Corrective Actions

If, during any review or inspection required by paragraph (g)(1) of this AD, it is
determined that an SRM ADL was used on an area specified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD to assess or control any structural damage, or any structural repair of an area specified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD was accomplished as specified in the instructions of the applicable SRM revision dated before April 2013 or SRM temporary revision (TR) dated before November 28, 2014: Within the applicable compliance time specified in paragraphs (g)(1)(i) through (g)(1)(x) of this AD, do the actions specified in paragraphs (h)(1) or (h)(2) of this AD, as applicable.

(1) Revise the maintenance or inspection program, as applicable, with the applicable
revised thresholds and intervals for the identified structural repairs embodied on the airplane, and accomplish all updated inspections, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD, except as required by paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.

(i) Where the applicable service information identified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD specifies to contact Airbus for specific assessment, revise the maintenance or inspection program and accomplish all updated inspections, as applicable, using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or EASA; or Airbus’s EASA DOA.

(ii) Where the applicable service information identified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD specifies ‘‘current SRM,’’ no SRM revision dated before April 2013 or SRM TR dated before November 28, 2014, is considered a ‘‘current

SRM.’’

(2) For any repair that was previously allowed in any revision of the Airbus A330 or A340 SRM, as applicable, dated before April 2013; or in any SRM TR dated before November 28, 2014, to the applicable SRM, and is no longer allowed by the applicable SRM revision dated on or after April 2013: Make an assessment using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the EASA; or Airbus’s EASA DOA; and perform necessary corrective actions at the applicable times
identified therein.

(i) Limitation on Repair/Replacement

As of the effective date of this AD, for any structural damage in the areas identified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD that has exceeded the ADL, no repair or replacement may be done using an Airbus A330 or A340 SRM dated before April 2013, or any Airbus A330 or A340 SRM TR dated before November 28, 2014.

(j) Other FAA AD Provisions

The following provisions also apply to this

AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425–227–1138; fax: 425–227– 1149. Information may be emailed to: 9- ANM-116-AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter must specifically reference
this AD.

(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 Branch, ANM– 116, Transport Airplane Directorate, FAA; or EASA; or Airbus’s EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraphs (h)(1)(i), (h)(1)(ii), and (h)(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.

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015–0101R1, dated June 12, 2015, 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–2016–0465.

(l) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

(i) Airbus Service Bulletin A330–53–3232, dated November 4, 2014.

(ii) Airbus Service Bulletin A330–53–3233, dated September 26, 2014.

(iii) Airbus Service Bulletin A330–53– 3234, dated December 8, 2014.

(iv) Airbus Service Bulletin A330–53– 3235, Revision 01, dated January 14, 2015.

(v) Airbus Service Bulletin A340–53–4222, dated November 25, 2014.

(vi) Airbus Service Bulletin A340–53– 4223, dated September 26, 2014.

(vii) Airbus Service Bulletin A340–53– 4224, dated December 15, 2014.

(viii) Airbus Service Bulletin A340–53– 4225, Revision 01, dated January 14, 2015.

(3) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: account.airworth-eas@ airbus.com; Internet: http://www.airbus.com.

(4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221.

(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, call 202–741–6030, or go to: http://www.archives.gov/federal-register/cfr/ibrlocations.html.


## 72519 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations

Issued in Renton, Washington, on September 28, 2016.
Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2016–24191 Filed 10–19–16; 8:45 am]

**BILLING CODE 4910–13–P**



### DEPARTMENT OF COMMERCE

**Bureau of Economic Analysis**

**15 CFR Part 801**

**[Docket No. 160531475–6465–01]**

**RIN 0691–0691–AA85**



### Direct Investment Surveys: BE–13, **Survey of New Foreign Direct Investment in the United States, and**  **Changes to Private Fund Reporting on Direct Investment Surveys** 

**AGENCY**

### : Bureau of Economic Analysis,
Commerce.

**ACTION** 

### : Final rule.

**SUMMARY** 

### : The final rule amends regulations of the Department of
Commerce’s Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE–13, Survey of New Foreign Direct Investment in the
United States. This rule also amends the reporting requirements for certain private funds on BEA’s surveys of foreign direct investment in the United States, including the BE–605, Quarterly Survey of Foreign Direct Investment in the United States; the BE–15, Annual Survey of Foreign Direct Investment in the United States; and the BE–13, Survey of New Foreign Direct
Investment in the United States.

The BE–13 survey collects information on the acquisition or
establishment of U.S. business enterprises by foreign investors, and information on expansions by existing U.S. affiliates of foreign companies. The data collected through the survey are
used to measure the amount of new foreign direct investment in the United States and ensure complete coverage of BEA’s other foreign direct investment
statistics. BEA will make several changes to the survey that will simplify reporting and provide more complete
information for use in BEA’s direct
investment statistics. BEA will also change the survey form design and accompanying instructions to improve the quality of the data collected and reduce respondent burden. This mandatory BE–13 survey is required from persons subject to the reporting requirements, whether or not they are contacted by BEA. **DATES** 

### : This final rule will be effective November 21, 2016.

**FOR FURTHER INFORMATION CONTACT**

### : Patricia Abaroa, Chief, Direct Investment Division (BE–49), Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Road, Washington, DC 20233; phone (301) 278–9591; or via email at Patricia.Abaroa@bea.gov.

**SUPPLEMENTARY INFORMATION** 

### : On July 1, 2016, BEA published a notice of proposed rulemaking that set forth revised reporting criteria for the BE–13, Survey of New Foreign Direct Investment in the United States (81 FR 43126–43130). One comment on the proposed rule was received.

The comment was written by a group representing U.S. asset management firms whose combined assets under management exceed $30 trillion. The letter was generally supportive of the changes to the reporting requirements for private funds, but it did raise two points, one of which lead to a clarification in the reporting requirements for private funds which is
outlined below.

One point raised in the letter led to an adjustment to the language of the reporting requirements for private funds used in the proposed rule. As stated in the proposed rule, a foreign-owned U.S. private fund would be required to report on BEA’s direct investment surveys if it owns at least 10 percent of an operating company. The letter pointed out that under this standard a private fund may be required to report on direct investment surveys even though in certain cases its foreign parent may own less than 10 percent of an operating company. For example, if a foreign parent owns 10 percent voting interest in a U.S. private fund, and that private fund owns 10 percent of an operating company, under the proposed rule the U.S. private fund would be required to report even though the foreign parent’s indirect ownership interest in the operating company is just 1 percent. It was not BEA’s intention to include investments of less than 10 percent foreign ownership in the direct investment statistics. In this final rule, BEA has clarified language regarding the private fund reporting requirements to
indicate that if the foreign parent of a U.S. private fund does not own through the private fund 10 percent or more of an operating company, the private fund is not required to file.

The letter also indicated that the burden estimate provided on the BE–13
form is understated. BEA’s burden estimate is an average across the various BE–13 survey forms and across survey respondents with different levels of complexity and different activities or transactions that may be reported on the survey. BEA has noted the input from the private fund industry on burden
estimates.

This final rule amends 15 CFR part 801.7 to set forth the reporting requirements for the BE–13, Survey of New Foreign Direct Investment in the United States.

BEA conducts the BE–13 survey under the authority of the International Investment and Trade in Services Survey Act (22 U.S.C. 3101–3108).

The BE–13 survey collects data on the acquisition or establishment of U.S. business enterprises by foreign investors and the expansion of existing U.S. affiliates of foreign companies to establish a new facility where business is conducted. The data collected on the survey are used to measure the amount of new foreign direct investment in the United States, assess the impact on the U.S. economy, and based on this assessment, make informed policy decisions regarding foreign direct investment in the United States. Foreign direct investment in the United States is defined as the ownership or control, directly or indirectly, by one foreign person (foreign parent) of 10 percent or more of the voting securities of an incorporated U.S. business enterprise, or an equivalent interest of an unincorporated U.S. business enterprise, including a branch.

BEA will make the survey available via eFile, BEA’s electronic filing system.
Notifications will be mailed to respondents as BEA becomes aware of a potentially reportable investment or when annual cost updates are needed. A response is required whether or not the respondent is contacted by BEA. The forms are due no later than 45 days after the acquisition is completed, the new U.S. business enterprise is established, the expansion is begun, the cost update is requested, or a notification letter is received from BEA by a U.S. business enterprise that does not meet the filing requirements for the survey.

Description of Changes

BEA amends the reporting requirements for certain private funds that file BEA’s surveys of foreign direct
investment in the United States: the BE– 605, Quarterly Survey of Foreign Direct Investment in the United States; BE–15, Annual Survey of Foreign Direct Investment in the United States; and the BE–13, Survey of New Foreign Direct
Investment in the United States. The BE–12, Benchmark Survey of Foreign Direct Investment in the United States, will also be affected by this change but