Airworthiness Directives; Airbus Airplanes, 12094-12097 [2015-04495]
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12094
Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed Rules
National Environmental Policy Act
The DOT has analyzed the
environmental impacts of this proposed
action pursuant to the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.) and has
determined that it is categorically
excluded pursuant to DOT Order
5610.1C, Procedures for Considering
Environmental Impacts (44 FR 56420,
Oct. 1, 1979). Categorical exclusions are
actions identified in an agency’s NEPA
implementing procedures that do not
normally have a significant impact on
the environment and therefore do not
require either an environmental
assessment (EA) or environmental
impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of
a categorical exclusion, the agency must
also consider whether extraordinary
circumstances are present that would
warrant the preparation of an EA or EIS.
Id. Paragraph 3.c.5 of DOT Order
5610.1C incorporates by reference the
categorical exclusions for all DOT
Operating Administrations. This action
is covered by the categorical exclusion
listed in the Federal Highway
Administration’s implementing
procedures, ‘‘[p]romulgation of rules,
regulations, and directives.’’ 23 CFR
771.117(c)(20). The purpose of this
rulemaking is to permit recipients and
subrecipients to impose geographicbased hiring preferences whenever not
otherwise prohibited by Federal statute.
The agency does not anticipate any
environmental impacts, and there are no
extraordinary circumstances present in
connection with this rulemaking.
Regulation Identifier Number
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to cross
reference this action with the Unified
Agenda.
List of Subjects in 2 CFR Part 1201
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Uniform administrative requirements,
Cost principles, and audit requirements
for Federal awards.
Issued in Washington, DC, on February 24,
2015.
Anthony R. Foxx,
Secretary of Transportation.
For the reasons set forth in the
preamble, part 1201 of title 2 of the
Code of Federal Regulations is proposed
to be amended as follows:
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PART 1201—UNIFORM
ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL
AWARDS
1. The authority citation for part 1201
continues to read:
■
Authority: 49 U.S.C. 322.
■
2. Add § 1201.319 to read as follows:
§ 1201.319
Competition.
Notwithstanding 2 CFR 200.319, nonFederal entities may utilize geographic
hiring preferences (including local
hiring preferences) pertaining to the use
of labor on a project consistent with
such non-Federal entities’ policies and
procedures, when not otherwise
prohibited by Federal statute or
regulation.
[FR Doc. 2015–05215 Filed 3–5–15; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
• Federal eRulemaking Portal: Go to
https://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.
For service information identified in
this proposed 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 https://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.
Examining the AD Docket
[Docket No. FAA–2015–0250; Directorate
Identifier 2014–NM–216–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and
A321 series airplanes. This proposed
AD was prompted by reports of airspeed
indication discrepancies while flying at
high altitudes in inclement weather.
This proposed AD would require
replacing certain pitot probes on the
captain, first officer, and standby sides
with certain new pitot probes. We are
proposing this AD to prevent airspeed
indication discrepancies during
inclement weather, which, depending
on the prevailing altitude, could lead to
unknown accumulation of ice crystals
and consequent reduced controllability
of the airplane.
DATES: We must receive comments on
this proposed AD by April 20, 2015.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
SUMMARY:
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You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0250; 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 proposed 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 Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1405;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2015–0250; Directorate Identifier
2014–NM–216–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
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Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed Rules
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
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Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2014–0237R1, dated December
5, 2014 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Model A318, A319, A320, and A321
series airplanes. The MCAI states:
Occurrences have been reported on A320
family aeroplanes of airspeed indication
discrepancies while flying at high altitudes
in inclement weather conditions.
Investigation results indicated that A320
aeroplanes equipped with Thales Avionics
Part Number (P/N) 50620–10 or P/N
C16195AA pitot probes appear to have a
greater susceptibility to adverse
environmental conditions that aeroplanes
equipped with certain other pitot probes.
Prompted by earlier occurrences, DGAC
´ ´
[Direction Generale de l’Aviation Civile]
France issued [DGAC] AD 2001–362 [https://
ad.easa.europa.eu/blob/easa_ad_2001_
362.pdf/AD_2001-362] [which corresponds to
paragraph (f) of FAA AD 2004–03–33,
Amendment 39–13477 (69 FR 9936, March 3,
2004)] to require replacement of Thales
(formerly known as Sextant) P/N 50620–10
pitot probes with Thales P/N C16195AA
probes.
Since that [DGAC] AD was issued, Thales
pitot probe P/N C15195BA was designed,
which improved airspeed indication
behavior in heavy rain conditions, but did
not demonstrate the same level of robustness
to withstand high-altitude ice crystals. Based
on these findings, EASA have decided to
implement replacement of the affected
Thales [pitot] probes as a precautionary
measure to improve the safety level of the
affected aeroplanes.
Consequently, EASA issued AD 2014–0237
[https://ad.easa.europa.eu/blob/easa_ad_
2014_0237.pdf/AD_2014-0237], retaining the
requirements of DGAC France AD 2001–362,
which was superseded, to require
replacement of Thales Avionics pitot probes
P/N C16195AA and P/N C16195BA.
The following related DGAC France ADs
were also cancelled by EASA AD 2014–0237,
without retaining any of their requirements:
• AD 91–227–021R1 [https://
ad.easa.europa.eu/blob/easa_ad_91_227_
021R1.pdf/AD_91_227_021R1], that required
replacement of Titeflex hoses; and
• AD 2002–586R1 [https://
ad.easa.europa.eu/blob/easa_ad_2002_
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586R1.pdf/AD_2002_586R1], that required
cleaning of Thales P/N C16195AA probes.
Since EASA issued AD 2014–0237, it was
brought to the Agency’s attention that Airbus
modification (mod) 155737 was introduced
to install Thales probes in production. This
affects paragraph (4) of the [EASA] AD.
For the reasons described above, this
[EASA] AD is revised to amend paragraph
(4), making reference to aeroplanes which are
post-mod 25578, but also post-mod 155737,
as a result of which they have Thales probes
installed.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0250.
Related Rulemaking
On February 4, 2004, we issued AD
2004–03–33, Amendment 39–13477 (69
FR 9936, March 3, 2004), applicable to
certain Airbus Model A300 B2 and B4
series airplanes; Model A300 B4–600,
A300 B4–600R, and A300 F4–600R
series airplanes; Model A310 series
Airplanes; Model A319, A320, and
A321 series airplanes; Model A330–301,
–321, –322, –341, and –342 airplanes;
and Model A340 series airplanes. That
AD requires, among other actions,
replacement of certain pitot probes with
certain new pitot probes. That AD was
issued to prevent loss or fluctuation of
indicated airspeed, which could result
in misleading information being
provided to the flightcrew.
Related Service Information Under 1
CFR Part 51
Airbus has issued Service Bulletin
A320–34–1170, Revision 28, dated
September 1, 2014; Service Bulletin
A320–34–1456, Revision 01, dated May
15, 2012; and Service Bulletin A320–
34–1463, Revision 01, dated May 15,
2012. The service information describes
procedures for replacing certain Thales
Avionics pitot probes on the captain,
first officer, and standby sides with
certain other Goodrich pitot probes.
The actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI. This service information is
reasonably available; see ADDRESSES for
ways to access this service information.
FAA’s Determination and Requirements
of This Proposed 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 and service information
referenced above. We are proposing this
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12095
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of these same
type designs.
Difference Between This Proposed AD
and the MCAI or Service Information
The EASA MCAI specifies that
installation of a pitot probe approved
after the effective date of the EASA AD,
and compliant with the ‘‘new EASA
icing requirements,’’ is equal to
compliance with the requirements in
paragraph (h) of this proposed AD,
provided the part is approved by EASA
or Airbus’s EASA Design Organization
Approval (DOA). However, this
proposed AD does not include that
requirement because EASA regulations
do not apply to airplanes type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29).
Paragraph (1) of the MCAI requires
replacement of Thales part number (P/
N) 50620–10 pitot probes with Thales P/
N C16195AA pitot probes. However,
that action is not included in this
proposed AD. Paragraph (f) of AD 2004–
03–33, Amendment 39–13477 (69 FR
9936, March 3, 2004), requires that
action.
Costs of Compliance
We estimate that this proposed AD
affects 953 airplanes of U.S. registry.
We also estimate that it would take
about 4 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $21,930 per
product. Based on these figures, we
estimate the cost of this proposed AD on
U.S. operators to be $21,223,310, or
$22,270 per product.
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
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Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed Rules
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 proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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):
■
Airbus: Docket No. FAA–2015–0250;
Directorate Identifier 2014–NM–216–AD.
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(a) Comments Due Date
We must receive comments by April 20,
2015.
(b) Affected ADs
This AD affects AD 2004–03–33,
Amendment 39–13477 (69 FR 9936, March 3,
2004).
(c) Applicability
This AD applies to the airplanes identified
in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4)
of this AD, certificated in any category, all
manufacturer serial numbers.
(1) Airbus Model A318–111, –112, –121,
and –122 airplanes.
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(2) Airbus Model A319–111, –112, –113,
–114, –115, –131, –132, and –133 airplanes.
(3) Airbus Model A320–211, –212, –214,
–231, –232, and –233 airplanes.
(4) Airbus Model A321–111, –112, –131,
–211, –212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Reason
This AD was prompted by reports of
airspeed indication discrepancies while
flying at high altitudes in inclement weather.
We are issuing this AD to prevent airspeed
indication discrepancies during inclement
weather, which, depending on the prevailing
altitude, could lead to unknown
accumulation of ice crystals and consequent
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Replacement of Pitot Probes
Within 48 months after the effective date
of this AD: Replace any Thales pitot probe
having part number (P/N) C16195AA or P/N
C16195BA, with a Goodrich pitot probe
having P/N 0851HL, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–34–1170, Revision 28,
dated September 1, 2014. Accomplishing the
replacement in this paragraph terminates the
requirements of paragraph (f) of AD 2004–
03–33, Amendment 39–13477 (69 FR 9936,
March 3, 2004), for that airplane only.
(h) Methods of Compliance for Replacement
(1) Replacement of the pitot probes in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
34–1456, Revision 01, dated May 15, 2012
(pitot probes on the captain and standby
sides); and Airbus Service Bulletin A320–34–
1463, Revision 01, dated May 15, 2012 (pitot
probes on the first officer side); is an
acceptable method of compliance with the
requirements of paragraph (g) of this AD.
(2) Airplanes on which Airbus
Modification 25578 was embodied in
production, except for post-modification
25578 airplanes on which Airbus
Modification 155737 (installation of Thales
pitot probes) was also embodied in
production, are compliant with the
requirements of paragraph (g) of this AD,
provided it can be conclusively determined
that no Thales pitot probe having P/N
C16195AA, P/N C16195BA, or P/N 50620–10
has been installed since the date of issuance
of the original certificate of airworthiness or
the date of issuance of the original export
certificate of airworthiness. Post-modification
25578 airplanes on which Airbus
Modification 155737 (installation of Thales
pitot probes) was also embodied in
production must be in compliance with the
requirements of paragraph (g) of this AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the
actions required by paragraph (g) of this AD,
if those actions were performed before the
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effective date of this AD using the service
information identified in paragraph (i)(1)(i)
through (i)(1)(xxiv) of this AD. This service
information is not incorporated by reference
in this AD.
(i) Airbus Service Bulletin A320–34–1170,
Revision 04, dated May 24, 2000.
(ii) Airbus Service Bulletin A320–34–1170,
Revision 05, dated September 11, 2000.
(iii) Airbus Service Bulletin A320–34–
1170, Revision 06, dated October 18, 2001.
(iv) Airbus Service Bulletin A320–34–
1170, Revision 07, dated December 4, 2001.
(v) Airbus Service Bulletin A320–34–1170,
Revision 08, dated January 15, 2003.
(vi) Airbus Service Bulletin A320–34–
1170, Revision 09, dated February 17, 2003.
(vii) Airbus Service Bulletin A320–34–
1170, Revision 10, dated November 21, 2003.
(viii) Airbus Service Bulletin A320–34–
1170, Revision 11, dated August 18, 2004.
(ix) Airbus Service Bulletin A320–34–
1170, Revision 12, dated December 2, 2004.
(x) Airbus Service Bulletin A320–34–1170,
Revision 13, dated January 18, 2005.
(xi) Airbus Service Bulletin A320–34–
1170, Revision 14, dated April 21, 2005.
(xii) Airbus Service Bulletin A320–34–
1170, Revision 15, dated July 19, 2005.
(xiii) Airbus Service Bulletin A320–34–
1170, Revision 16, dated November 23, 2006.
(xiv) Airbus Service Bulletin A320–34–
1170, Revision 17, dated February 14, 2007.
(xv) Airbus Service Bulletin A320–34–
1170, Revision 18, dated October 9, 2009.
(xvi) Airbus Service Bulletin A320–34–
1170, Revision 19, dated November 9, 2009.
(xvii) Airbus Service Bulletin A320–34–
1170, Revision 20, dated December 1, 2010.
(xviii) Airbus Service Bulletin A320–34–
1170, Revision 21, dated March 24, 2011.
(xix) Airbus Service Bulletin A320–34–
1170, Revision 22, dated July 19, 2011.
(xx) Airbus Service Bulletin A320–34–
1170, Revision 23, dated February 3, 2012.
(xxi) Airbus Service Bulletin A320–34–
1170, Revision 24, dated April 12, 2012.
(xxii) Airbus Service Bulletin A320–34–
1170, Revision 25, dated September 4, 2012.
(xxiii) Airbus Service Bulletin A320–34–
1170, Revision 26, dated September 16, 2013.
(xxiv) Airbus Service Bulletin A320–34–
1170, Revision 27, dated March 18, 2014.
(2) This paragraph provides credit for the
replacement of pitot probes on the captain
and standby sides specified in paragraph
(h)(1) of this AD, if the replacement was
performed before the effective date of this AD
using Airbus Service Bulletin A320–34–1456,
dated December 2, 2009, which is not
incorporated by reference in this AD.
(3) This paragraph provides credit for the
replacement of pitot probes on the first
officer side specified in paragraph (h)(1) of
this AD, if those actions were performed
before the effective date of this AD using
Airbus Service Bulletin A320–34–1463,
dated March 9, 2010, which is not
incorporated by reference in this AD.
(j) Parts Installation Limitations
(1) At the applicable time specified in
paragraph (j)(1)(i) or (j)(1)(ii) of this AD: No
person may install on any airplane a Thales
pitot probe having P/N C16195AA or P/N
C16195BA.
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(i) For airplanes with a Thales pitot probe
having P/N C16195AA or P/N C16195BA
installed: After accomplishing the
replacement required by paragraph (g) of this
AD.
(ii) For airplanes without a Thales pitot
probe having P/N C16195AA or P/N
C16195BA installed: As of the effective date
of this AD.
(2) As of the effective date of this AD, no
person may install on any airplane a Thales
pitot probe having part number P/N 50620–
10.
Issued in Renton, Washington, on February
19, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
(k) Other FAA AD Provisions
26 CFR Part 1
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:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1405; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-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
the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
rmajette on DSK2TPTVN1PROD with PROPOSALS
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2014–0237R1, dated
December 5, 2014, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2015–0250.
(2) 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 https://www.airbus.com.
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.
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[FR Doc. 2015–04495 Filed 3–5–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[REG–100400–14]
RIN 1545–BM14
Guidance Regarding Reporting Income
and Deductions of a Corporation That
Becomes or Ceases To Be a Member
of a Consolidated Group
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed amendments to the
consolidated return regulations. These
proposed regulations would revise the
rules for reporting certain items of
income and deduction that are
reportable on the day a corporation joins
or leaves a consolidated group. The
proposed regulations would affect such
corporations and the consolidated
groups that they join or leave.
DATES: Written or electronic comments
and requests for a public hearing must
be received by June 4, 2015.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–100400–14), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–100400–
14), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC, or sent electronically
via the Federal eRulemaking Portal at
https://www.regulations.gov/ (IRS REG–
100400–14).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Russell G. Jones, (202) 317–6847;
concerning the submission of comments
or to request a public hearing,
Oluwafunmilayo (Funmi) P. Taylor,
(202) 317–6901 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background and Explanation of
Provisions
1. Introduction
This notice of proposed rulemaking
contains proposed regulations that
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
12097
amend 26 CFR part 1 under section
1502 of the Internal Revenue Code
(Code). Section 1502 authorizes the
Secretary to prescribe regulations for
corporations that join in filing a
consolidated return, and it expressly
provides that those rules may be
different from the provisions of chapter
1 of subtitle A of the Code that would
apply if those corporations filed
separate returns. Terms used in the
consolidated return regulations
generally are defined in § 1.1502–1.
These proposed regulations provide
guidance under § 1.1502–76, which
prescribes rules for determining the
taxable period in which items of
income, gain, deduction, loss, and credit
(tax items) of a corporation that joins in
filing a consolidated return are
included. Section 1.1502–76(b)
provides, in part, that if a corporation
(S) becomes or ceases to be a member
of a consolidated group during a
consolidated return year, S must
include in the consolidated return its
tax items for the period during which it
is a member. S also must file a separate
return (including a consolidated return
of another group) that includes its items
for the period during which it is not a
member.
2. Prior and Current Regulations
On September 8, 1966, the IRS and
the Treasury Department promulgated
regulations under § 1.1502–76 in TD
6894, 31 FR 11794 (1966 regulations).
Section 1.1502–76(b) of the 1966
regulations was silent regarding the
treatment of S’s tax items that accrued
on the day S became or ceased to be a
member of a consolidated group (S’s
change in status). Thus, whether S’s tax
items for the day of S’s change in status
should have been reflected on S’s tax
return for the short period ending with
S’s change in status, or whether these
tax items should have been reflected
instead on S’s tax return for the short
period beginning after S’s change in
status, was unclear under the 1966
regulations.
On August 15, 1994, the IRS and the
Treasury Department published final
regulations (TD 8560; 59 FR 41666)
under § 1.1502–76(b) (current
regulations) that revised the 1966
regulations to eliminate uncertainty
regarding the treatment of tax items
recognized by S on the day of S’s change
in status. Under the general rule of
§ 1.1502–76(b)(1)(ii)(A)(1) of the current
regulations (current end of the day rule),
S is treated for all federal income tax
purposes as becoming or ceasing to be
a member of a consolidated group at the
end of the day of S’s change in status,
and S’s tax items that are reportable on
E:\FR\FM\06MRP1.SGM
06MRP1
Agencies
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Proposed Rules]
[Pages 12094-12097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04495]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-0250; Directorate Identifier 2014-NM-216-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by reports of airspeed indication discrepancies while
flying at high altitudes in inclement weather. This proposed AD would
require replacing certain pitot probes on the captain, first officer,
and standby sides with certain new pitot probes. We are proposing this
AD to prevent airspeed indication discrepancies during inclement
weather, which, depending on the prevailing altitude, could lead to
unknown accumulation of ice crystals and consequent reduced
controllability of the airplane.
DATES: We must receive comments on this proposed AD by April 20, 2015.
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 https://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.
For service information identified in this proposed 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 https://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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0250; 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 proposed 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 Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0250;
Directorate Identifier 2014-NM-216-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy
[[Page 12095]]
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed AD based on those
comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0237R1, dated December 5, 2014 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:
Occurrences have been reported on A320 family aeroplanes of
airspeed indication discrepancies while flying at high altitudes in
inclement weather conditions. Investigation results indicated that
A320 aeroplanes equipped with Thales Avionics Part Number (P/N)
50620-10 or P/N C16195AA pitot probes appear to have a greater
susceptibility to adverse environmental conditions that aeroplanes
equipped with certain other pitot probes.
Prompted by earlier occurrences, DGAC [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] France issued [DGAC] AD
2001-362 [https://ad.easa.europa.eu/blob/easa_ad_2001_362.pdf/AD_2001-362] [which corresponds to paragraph (f) of FAA AD 2004-03-
33, Amendment 39-13477 (69 FR 9936, March 3, 2004)] to require
replacement of Thales (formerly known as Sextant) P/N 50620-10 pitot
probes with Thales P/N C16195AA probes.
Since that [DGAC] AD was issued, Thales pitot probe P/N C15195BA
was designed, which improved airspeed indication behavior in heavy
rain conditions, but did not demonstrate the same level of
robustness to withstand high-altitude ice crystals. Based on these
findings, EASA have decided to implement replacement of the affected
Thales [pitot] probes as a precautionary measure to improve the
safety level of the affected aeroplanes.
Consequently, EASA issued AD 2014-0237 [https://ad.easa.europa.eu/blob/easa_ad_2014_0237.pdf/AD_2014-0237],
retaining the requirements of DGAC France AD 2001-362, which was
superseded, to require replacement of Thales Avionics pitot probes
P/N C16195AA and P/N C16195BA.
The following related DGAC France ADs were also cancelled by
EASA AD 2014-0237, without retaining any of their requirements:
AD 91-227-021R1 [https://ad.easa.europa.eu/blob/easa_ad_91_227_021R1.pdf/AD_91_227_021R1], that required replacement
of Titeflex hoses; and
AD 2002-586R1 [https://ad.easa.europa.eu/blob/easa_ad_2002_586R1.pdf/AD_2002_586R1], that required cleaning of
Thales P/N C16195AA probes.
Since EASA issued AD 2014-0237, it was brought to the Agency's
attention that Airbus modification (mod) 155737 was introduced to
install Thales probes in production. This affects paragraph (4) of
the [EASA] AD.
For the reasons described above, this [EASA] AD is revised to
amend paragraph (4), making reference to aeroplanes which are post-
mod 25578, but also post-mod 155737, as a result of which they have
Thales probes installed.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0250.
Related Rulemaking
On February 4, 2004, we issued AD 2004-03-33, Amendment 39-13477
(69 FR 9936, March 3, 2004), applicable to certain Airbus Model A300 B2
and B4 series airplanes; Model A300 B4-600, A300 B4-600R, and A300 F4-
600R series airplanes; Model A310 series Airplanes; Model A319, A320,
and A321 series airplanes; Model A330-301, -321, -322, -341, and -342
airplanes; and Model A340 series airplanes. That AD requires, among
other actions, replacement of certain pitot probes with certain new
pitot probes. That AD was issued to prevent loss or fluctuation of
indicated airspeed, which could result in misleading information being
provided to the flightcrew.
Related Service Information Under 1 CFR Part 51
Airbus has issued Service Bulletin A320-34-1170, Revision 28, dated
September 1, 2014; Service Bulletin A320-34-1456, Revision 01, dated
May 15, 2012; and Service Bulletin A320-34-1463, Revision 01, dated May
15, 2012. The service information describes procedures for replacing
certain Thales Avionics pitot probes on the captain, first officer, and
standby sides with certain other Goodrich pitot probes.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI. This service
information is reasonably available; see ADDRESSES for ways to access
this service information.
FAA's Determination and Requirements of This Proposed 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 and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Difference Between This Proposed AD and the MCAI or Service Information
The EASA MCAI specifies that installation of a pitot probe approved
after the effective date of the EASA AD, and compliant with the ``new
EASA icing requirements,'' is equal to compliance with the requirements
in paragraph (h) of this proposed AD, provided the part is approved by
EASA or Airbus's EASA Design Organization Approval (DOA). However, this
proposed AD does not include that requirement because EASA regulations
do not apply to airplanes type certificated for operation in the United
States under the provisions of section 21.29 of the Federal Aviation
Regulations (14 CFR 21.29).
Paragraph (1) of the MCAI requires replacement of Thales part
number (P/N) 50620-10 pitot probes with Thales P/N C16195AA pitot
probes. However, that action is not included in this proposed AD.
Paragraph (f) of AD 2004-03-33, Amendment 39-13477 (69 FR 9936, March
3, 2004), requires that action.
Costs of Compliance
We estimate that this proposed AD affects 953 airplanes of U.S.
registry.
We also estimate that it would take about 4 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about
$21,930 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $21,223,310, or $22,270 per
product.
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
[[Page 12096]]
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
Airbus: Docket No. FAA-2015-0250; Directorate Identifier 2014-NM-
216-AD.
(a) Comments Due Date
We must receive comments by April 20, 2015.
(b) Affected ADs
This AD affects AD 2004-03-33, Amendment 39-13477 (69 FR 9936,
March 3, 2004).
(c) Applicability
This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any
category, all manufacturer serial numbers.
(1) Airbus Model A318-111, -112, -121, and -122 airplanes.
(2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
(3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
(4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by reports of airspeed indication
discrepancies while flying at high altitudes in inclement weather.
We are issuing this AD to prevent airspeed indication discrepancies
during inclement weather, which, depending on the prevailing
altitude, could lead to unknown accumulation of ice crystals and
consequent reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Replacement of Pitot Probes
Within 48 months after the effective date of this AD: Replace
any Thales pitot probe having part number (P/N) C16195AA or P/N
C16195BA, with a Goodrich pitot probe having P/N 0851HL, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-34-1170, Revision 28, dated September 1, 2014.
Accomplishing the replacement in this paragraph terminates the
requirements of paragraph (f) of AD 2004-03-33, Amendment 39-13477
(69 FR 9936, March 3, 2004), for that airplane only.
(h) Methods of Compliance for Replacement
(1) Replacement of the pitot probes in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-34-1456,
Revision 01, dated May 15, 2012 (pitot probes on the captain and
standby sides); and Airbus Service Bulletin A320-34-1463, Revision
01, dated May 15, 2012 (pitot probes on the first officer side); is
an acceptable method of compliance with the requirements of
paragraph (g) of this AD.
(2) Airplanes on which Airbus Modification 25578 was embodied in
production, except for post-modification 25578 airplanes on which
Airbus Modification 155737 (installation of Thales pitot probes) was
also embodied in production, are compliant with the requirements of
paragraph (g) of this AD, provided it can be conclusively determined
that no Thales pitot probe having P/N C16195AA, P/N C16195BA, or P/N
50620-10 has been installed since the date of issuance of the
original certificate of airworthiness or the date of issuance of the
original export certificate of airworthiness. Post-modification
25578 airplanes on which Airbus Modification 155737 (installation of
Thales pitot probes) was also embodied in production must be in
compliance with the requirements of paragraph (g) of this AD.
(i) Credit for Previous Actions
(1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information identified
in paragraph (i)(1)(i) through (i)(1)(xxiv) of this AD. This service
information is not incorporated by reference in this AD.
(i) Airbus Service Bulletin A320-34-1170, Revision 04, dated May
24, 2000.
(ii) Airbus Service Bulletin A320-34-1170, Revision 05, dated
September 11, 2000.
(iii) Airbus Service Bulletin A320-34-1170, Revision 06, dated
October 18, 2001.
(iv) Airbus Service Bulletin A320-34-1170, Revision 07, dated
December 4, 2001.
(v) Airbus Service Bulletin A320-34-1170, Revision 08, dated
January 15, 2003.
(vi) Airbus Service Bulletin A320-34-1170, Revision 09, dated
February 17, 2003.
(vii) Airbus Service Bulletin A320-34-1170, Revision 10, dated
November 21, 2003.
(viii) Airbus Service Bulletin A320-34-1170, Revision 11, dated
August 18, 2004.
(ix) Airbus Service Bulletin A320-34-1170, Revision 12, dated
December 2, 2004.
(x) Airbus Service Bulletin A320-34-1170, Revision 13, dated
January 18, 2005.
(xi) Airbus Service Bulletin A320-34-1170, Revision 14, dated
April 21, 2005.
(xii) Airbus Service Bulletin A320-34-1170, Revision 15, dated
July 19, 2005.
(xiii) Airbus Service Bulletin A320-34-1170, Revision 16, dated
November 23, 2006.
(xiv) Airbus Service Bulletin A320-34-1170, Revision 17, dated
February 14, 2007.
(xv) Airbus Service Bulletin A320-34-1170, Revision 18, dated
October 9, 2009.
(xvi) Airbus Service Bulletin A320-34-1170, Revision 19, dated
November 9, 2009.
(xvii) Airbus Service Bulletin A320-34-1170, Revision 20, dated
December 1, 2010.
(xviii) Airbus Service Bulletin A320-34-1170, Revision 21, dated
March 24, 2011.
(xix) Airbus Service Bulletin A320-34-1170, Revision 22, dated
July 19, 2011.
(xx) Airbus Service Bulletin A320-34-1170, Revision 23, dated
February 3, 2012.
(xxi) Airbus Service Bulletin A320-34-1170, Revision 24, dated
April 12, 2012.
(xxii) Airbus Service Bulletin A320-34-1170, Revision 25, dated
September 4, 2012.
(xxiii) Airbus Service Bulletin A320-34-1170, Revision 26, dated
September 16, 2013.
(xxiv) Airbus Service Bulletin A320-34-1170, Revision 27, dated
March 18, 2014.
(2) This paragraph provides credit for the replacement of pitot
probes on the captain and standby sides specified in paragraph
(h)(1) of this AD, if the replacement was performed before the
effective date of this AD using Airbus Service Bulletin A320-34-
1456, dated December 2, 2009, which is not incorporated by reference
in this AD.
(3) This paragraph provides credit for the replacement of pitot
probes on the first officer side specified in paragraph (h)(1) of
this AD, if those actions were performed before the effective date
of this AD using Airbus Service Bulletin A320-34-1463, dated March
9, 2010, which is not incorporated by reference in this AD.
(j) Parts Installation Limitations
(1) At the applicable time specified in paragraph (j)(1)(i) or
(j)(1)(ii) of this AD: No person may install on any airplane a
Thales pitot probe having P/N C16195AA or P/N C16195BA.
[[Page 12097]]
(i) For airplanes with a Thales pitot probe having P/N C16195AA
or P/N C16195BA installed: After accomplishing the replacement
required by paragraph (g) of this AD.
(ii) For airplanes without a Thales pitot probe having P/N
C16195AA or P/N C16195BA installed: As of the effective date of this
AD.
(2) As of the effective date of this AD, no person may install
on any airplane a Thales pitot probe having part number P/N 50620-
10.
(k) 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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1405; 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 the
European Aviation Safety Agency (EASA); or Airbus'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 Airworthiness Directive 2014-0237R1, dated December 5,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2015-0250.
(2) 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 https://www.airbus.com. 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.
Issued in Renton, Washington, on February 19, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-04495 Filed 3-5-15; 8:45 am]
BILLING CODE 4910-13-P