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

(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 that 

the 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 


asabaliauskas on DSK3SPTVN1PROD with RULES
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: 

ESTIMATED 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 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72517 

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 determination 

that 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 49144 

airplanes 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 


asabaliauskas on DSK3SPTVN1PROD with RULES
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. 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72519 

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 


asabaliauskas on DSK3SPTVN1PROD with RULES