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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2017-1244; Product Identifier 2013-NM-145-AD; Amendment 39-19152; AD 2018-01-11]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-115 and A319-133 airplanes. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition on these products, and doing the actions specified in those instructions. This AD was prompted by a fire during a flight, in the vicinity of the gaseous oxygen system (GOS) for passengers. We are issuing this AD to address the unsafe condition on these products.
 DATES: This AD becomes effective January 29, 2018. We must receive comments on this AD by February 26, 2018.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: *Federal eRulemaking Portal:*
                         Go to 
                        *http://www.regulations.gov.*
                         Follow the instructions for submitting comments.
                    *Fax:*
                         202-493-2251.
                    *Mail:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    *Hand Delivery:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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-2017-1244; or in person at the Docket Operations office 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 Operations office (telephone: 800-647-5527) is in the 
                    **ADDRESSES**
                     section. Comments will be available in the AD docket shortly after receipt.
 FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-227-1149.


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 2014-0045, dated February 25, 2014; corrected March 4, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A319-115 and A319-133 airplanes. The MCAI states: Following an ECAM [electronic centralized aircraft monitor] warning “CARGO SMOKE” during flight, the flight crew elected to divert and the aeroplane made an uneventful landing. The post-flight inspection evidenced a heavy fire in the vicinity of the Gaseous Oxygen System (GOS) for passengers, located close to the cargo area. The origin of the fire has not been clearly identified. After more investigation, Airbus determined that the current optional passenger GOS design, specific to A319 aeroplanes, is not robust enough to prevent further events of this kind. This condition, if not detected and corrected, could lead to an uncontrolled fire, possibly resulting in loss of the aeroplane. To address this potential unsafe condition, Airbus developed mod 153555 to improve 
                        ( print page 1528)
                        the (optional) A319 GOS for passengers and published Service Bulletin (SB) A320-35-1062 to provide that modification for in-service application. Consequently, EASA issued AD 2013-0153 to require modification of the passenger GOS installation. Since that [EASA] AD was issued, a mistake was identified in Airbus SB A320-35-1062 concerning the pressure relief valve installation and the SB has been corrected and revised accordingly with mod 155860. For the reason described above, this [EASA] AD retains the requirements of EASA AD 2013-0153, which is superseded, but requires those actions to be done in accordance with the instructions of Airbus SB 35-1062 Revision 01. This [EASA] AD has been republished to correct an error that referenced the wrong effective date for EASA AD 2013-0153. You may examine the MCAI on the internet at 
                    *http://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2017-1244. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. FAA's Determination of the Effective Date Since there are currently no domestic operators of this product, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reason(s) stated above, we find that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the 
                    **ADDRESSES**
                     section. Include “Docket No. FAA-2017-1244; Product Identifier 2013-NM-145-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments. We will post all comments we receive, without change, to 
                    *http://www.regulations.gov,*
                     including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance Currently, there are no affected U.S.-registered airplanes. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition, and doing the actions specified in those instructions. Based on the actions specified in the MCAI AD, we are providing the following cost estimates for an affected airplane that is placed on the U.S. Register in the future: Estimated Costs
Action
Labor cost
Parts cost
Cost per productPassenger GOS modification
Up to 33 work-hours × $85 per hour = $2,805
Up to $30,782
Up to $33,587Placard modification
5 work-hours × $85 per hour = $425
$0
$425Pressure hose modification
8 work-hours × $85 per hour = $680
$9,690
$10,370
 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. 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 to the Director of the System Oversight Division. 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: ( print page 1529)
                        Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2018-01-11 Airbus:**
                             Amendment 39-19152; Docket No. FAA-2017-1244; Product Identifier 2013-NM-145-AD. (a) Effective Date This AD becomes effective January 29, 2018. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A319-115 and A319-133 airplanes, certificated in any category, all manufacturer serial numbers, having received in production Airbus modification 33125 (installation of Gaseous Oxygen System (GOS) for passengers), except those on which Airbus modification 153555 and 155860 have been embodied in production. (d) Subject Air Transport Association (ATA) of America Code 35, Oxygen. (e) Reason This AD was prompted by a fire during a flight, in the vicinity of the GOS for passengers. We are issuing this AD to prevent an uncontrolled fire in the vicinity of the GOS for passengers, near the cargo area, which could result in loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action(s) Within 30 days after the effective date of this AD, request instructions from the Manager, International Section, Transport Standards Branch, FAA, to address the unsafe condition specified in paragraph (e) of this AD; and accomplish the actions at the times specified in, and in accordance with, those instructions. Guidance can be found in Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency (EASA) AD 2014-0045, dated February 25, 2014; corrected March 4, 2014. (h) 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 (i)(2) of this AD. 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. (i) Related Information (1) Refer to MCAI EASA AD 2014-0045, dated February 25, 2014; corrected March 4, 2014, for related information. You may examine the MCAI on the internet at 
                            *http://www.regulations.gov*
                             by searching for and locating Docket No. FAA-2017-1244. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-227-1149. (j) Material Incorporated by Reference None. Issued in Renton, Washington, on January 2, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.


[FR Doc. 2018-00343 Filed 1-11-18; 8:45 am] BILLING CODE 4910-13-P