Airworthiness Directives; Airbus SAS Airplanes, 10259-10262 [2019-05199]
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Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
*
*
*
*
*
Dated at Rockville, Maryland, this 14th day
of March, 2019.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019–05238 Filed 3–19–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0121; Product
Identifier 2019–NM–025–AD; Amendment
39–19591; AD 2019–05–09]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
jbell on DSK30RV082PROD with RULES
Examining the AD Docket
We are adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A320–251N and
–271N airplanes, and Model A321–
253N airplanes. This AD was prompted
by reports of low clearance between the
electrical harness and nearby hydraulic
pipes in the inboard trailing edge of the
wing. This AD requires repetitive
detailed inspections of certain electrical
harnesses for discrepancies and
corrective actions, if necessary, as
specified in an European Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective April
4, 2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 4, 2019.
We must receive comments on this
AD by May 6, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
SUMMARY:
VerDate Sep<11>2014
16:00 Mar 19, 2019
Jkt 247001
• 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 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For the incorporation by reference
(IBR) material described in the ‘‘Related
IBR Material Under 1 CFR part 51’’
section in SUPPLEMENTARY INFORMATION,
contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49
221 89990 1000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0121; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(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, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223.
SUPPLEMENTARY INFORMATION:
10259
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A320–
251N and –271N airplanes, and Model
A321–253N airplanes. The MCAI states:
Low clearance between electrical harness
and nearby hydraulic pipes has been
detected in the inboard trailing edge of some
aeroplanes.
This condition, if not detected and
corrected, could lead to chafing of electrical
harnesses on hydraulic pipes, eventually
creating an ignition source in the flammable
fluid leakage zone area, possibly resulting in
fire or an explosion and loss of the aeroplane.
To address this potential unsafe condition,
Airbus issued the AOT [alert operators
transmission], providing instructions to
accomplish a detailed inspection (DET) for
clearance and damage, and published the
modification SB [Service Bulletin A320–29–
1176], providing instructions to modify the
electrical harness routing, increasing the
clearance between electrical harness and
hydraulic pipes.
For the reasons described above, this
[EASA] AD requires repetitive DET of the
electrical harness and modification of the
aeroplane.
Related IBR Material Under 1 CFR
Part 51
EASA AD 2019–0035 describes
procedures for repetitive detailed
inspections of certain electrical
harnesses for discrepancies (clearance
and damage) and corrective actions, if
necessary. Corrective actions include
repairing the electrical harness or
replacing the electrical harness sleeve,
and increasing the clearance between
the affected electrical harness and
hydraulic pipe. This material 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, and it is publicly
available through the EASA website.
Discussion
FAA’s Determination
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 referenced above. 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.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0035, dated February 15, 2019
(‘‘EASA AD 2019–0035’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2019–
0035 described previously through the
incorporated by reference of EASA AD
2019–0035, except for any differences
identified as exceptions in the
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10260
Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations
regulatory text of this AD and except as
discussed under ‘‘Differences Between
this AD and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA worked with Airbus
and EASA to develop a process to use
certain EASA ADs as the primary source
of information for compliance with
requirements for corresponding FAA
ADs. As a result, EASA AD 2019–0035
is incorporated by reference in the FAA
final rule. This AD, therefore, requires
compliance with the provisions
specified in EASA AD 2019–0035,
except for any differences identified as
exceptions in the regulatory text of this
AD. Service information specified in
EASA AD 2019–0035 that is required for
compliance with EASA AD 2019–0035
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0121.
Differences Between This AD and the
MCAI
EASA AD 2019–0035 specifies to
modify the airplane (modification of the
adaptation damper bulkhead fitting for
left hand and right hand wings). For this
Comments Invited
AD, the modification, which would
terminate the repetitive inspections
required by this AD, is optional.
However, we are considering further
rulemaking to require this modification.
The planned compliance time for the
modification would allow enough time
to provide notice and opportunity for
prior public comment on the merits of
the modification. This difference has
been coordinated with EASA.
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–2019–0121;
Product Identifier 2019–NM–025–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 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 AD.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because failure to detect and correct
chafing of electrical harnesses in the
vicinity of hydraulic pipes could result
in a potential source of ignition in the
flammable fluid leakage zone, and
possibly result in a fire or explosion and
loss of the airplane. Therefore, we find
good cause that notice and opportunity
for prior public comment are
impracticable. In addition, for the
reasons stated above, we find that good
cause exists for making this amendment
effective in less than 30 days.
Costs of Compliance
We estimate that this AD affects 14
airplanes of U.S. registry. We estimate
the following costs to comply with this
AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
6 work-hours × $85 per hour = $510 ..........................................................................................
$0
$510
$7,140
Labor cost
Parts cost
Cost per
product
16 work-hours × $85 per hour = $1,360 .................................................................................................................
$8,900
$10,260
ESTIMATED COSTS FOR OPTIONAL ACTIONS
We estimate the following costs for
the necessary on-condition action that
would be required based on the results
of any required actions. We have no way
of determining the number of aircraft
that might need this on-condition
action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Up to 8 work-hours × $85 per hour = $680 ............................................................................................................
* $0
Cost per
product
Up to $680.
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* We have received no definitive data that would enable us to provide parts cost estimates.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
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16:00 Mar 19, 2019
Jkt 247001
result, we have included all known
costs in our cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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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.
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Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations
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 and associated appliances 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
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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:
VerDate Sep<11>2014
16:00 Mar 19, 2019
Jkt 247001
optional modification specified in paragraph
(h)(3) of this AD.
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):
■
2019–05–09 Airbus SAS: Amendment 39–
19591; Docket No. FAA–2019–0121;
Product Identifier 2019–NM–025–AD.
(a) Effective Date
This AD becomes effective April 4, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model
A320–251N and –271N airplanes, and Model
A321–253N airplanes, certificated in any
category, as identified in European Aviation
Safety Agency (EASA) AD 2019–0035, dated
February 15, 2019 (‘‘EASA AD 2019–0035’’).
(d) Subject
Air Transport Association (ATA) of
America Code 92, Electric and electronic
common installation.
(e) Reason
This AD was prompted by reports of low
clearance between the electrical harness and
nearby hydraulic pipes in the inboard trailing
edge of the wing. We are issuing this AD to
address this condition, which, if not detected
and corrected, could lead to chafing of
electrical harnesses in the vicinity of
hydraulic pipes and could result in a
potential source of ignition in the flammable
fluid leakage zone, and possibly result in a
fire or explosion and loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2019–0035.
(h) Exceptions to EASA AD 2019–0035
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0035 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0035 does not apply to this AD.
(3) Where paragraph (4) of EASA AD 2019–
0035 specifies to modify the airplane in
accordance with Airbus Service Bulletin
A320–29–1176, this AD does not require
modification of the airplane, but this AD
allows that modification as an optional
terminating action for the required repetitive
inspections.
(4) The provisions of paragraph (6) of
EASA AD 2019–0035 are allowed in the
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10261
(i) No Reporting Requirement
Although certain service information
referenced in EASA AD 2019–0035 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k) 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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0035 that contains RC procedures and
tests: Except as required by paragraph (j)(2)
of this AD, RC 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
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
(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.
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Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations
(i) European Aviation Safety Agency
(EASA) AD 2019–0035, dated February 15,
2019.
(ii) [Reserved]
(3) For EASA AD 2019–0035, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 89990
6017; email ADs@easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this EASA AD at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2019–0035 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0121.
(5) You may view this material 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: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
March 11, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0177]
RIN 1625–AA00
Safety Zone; Missouri River, Mile
Markers 450–625, St. Joseph, MO to
Omaha, NE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Missouri
River from mile marker (MM) 450 to
MM 625 between St. Joseph, MO and
Omaha, NE. This action is necessary to
provide for the safety of persons,
vessels, and the marine environment on
these navigable waters as a result of
flooding on the river that has resulted in
some reported levee failures and is
threatening to overtop additional levees.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
DATES: This rule is effective without
actual notice from March 20, 2019 until
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SUMMARY:
VerDate Sep<11>2014
16:00 Mar 19, 2019
Jkt 247001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
USACE United States Army Corps of
Engineers
U.S.C. United States Code
[FR Doc. 2019–05199 Filed 3–19–19; 8:45 am]
ACTION:
April 1, 2019, or until cancelled by the
Captain of the Port Sector Upper
Mississippi River, whichever occurs
first. For the purposes of enforcement,
actual notice will be provided from
March 15, 2019 until March 20, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0177 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable
because we must establish this safety
zone immediately and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule. The
NPRM process would delay the
establishment of the safety zone and
compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to public interest because
immediate action is necessary to
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respond to the potential safety hazards
associated with floodwaters threatening
to overtop levees along the river.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP has determined that potential
hazards associated with flood waters
threaten to overtop levees along the
river. The United States Army Corps of
Engineers (USACE) Kansas City District
has expressed concern that vessel traffic
in the affected area could cause damage
to the levees resulting in overtopping or
failure. This rule is necessary to ensure
the safety of persons, vessels, and the
marine environment on these navigable
waters due to the flood impacts to
USACE levees.
IV. Discussion of the Rule
On March 14, 2019, the USACE
Kansas City District contacted the Coast
Guard to report flood waters
approaching the tops of levees along the
Missouri River between Mile Marker
(MM) 450 and MM 550 and requested a
river closure to ensure the safety of
persons, vessels, and the marine
environment that would result if
floodwaters overtop the levees. On
March 15, 2019, the Plattsmouth Fire
Department reported a levee break along
the river and requested a river closure
to MM 625 at Omaha, NE. This rule
establishes a temporary safety zone from
March 15, 2019 until April 1, 2019, or
until cancelled by the Captain of the
Port Sector Upper Mississippi River
(COTP). The safety zone will be
enforced on all navigable waters of the
Missouri River from MM 450 to MM
625, unless reduced in scope by the
COTP as flood conditions warrant.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement, as well
as reductions in size of the safety zone
as flood conditions improve, through
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Agencies
[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10259-10262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05199]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD; Amendment
39-19591; AD 2019-05-09]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N
airplanes. This AD was prompted by reports of low clearance between the
electrical harness and nearby hydraulic pipes in the inboard trailing
edge of the wing. This AD requires repetitive detailed inspections of
certain electrical harnesses for discrepancies and corrective actions,
if necessary, as specified in an European Aviation Safety Agency (EASA)
AD, which is incorporated by reference. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective April 4, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 4,
2019.
We must receive comments on this AD by May 6, 2019.
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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the incorporation by reference (IBR) material described in the
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available in the AD docket on the
internet at https://www.regulations.gov.
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-2019-
0121; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (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, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0035, dated February 15, 2019
(``EASA AD 2019-0035'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-251N and -271N airplanes,
and Model A321-253N airplanes. The MCAI states:
Low clearance between electrical harness and nearby hydraulic
pipes has been detected in the inboard trailing edge of some
aeroplanes.
This condition, if not detected and corrected, could lead to
chafing of electrical harnesses on hydraulic pipes, eventually
creating an ignition source in the flammable fluid leakage zone
area, possibly resulting in fire or an explosion and loss of the
aeroplane.
To address this potential unsafe condition, Airbus issued the
AOT [alert operators transmission], providing instructions to
accomplish a detailed inspection (DET) for clearance and damage, and
published the modification SB [Service Bulletin A320-29-1176],
providing instructions to modify the electrical harness routing,
increasing the clearance between electrical harness and hydraulic
pipes.
For the reasons described above, this [EASA] AD requires
repetitive DET of the electrical harness and modification of the
aeroplane.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0035 describes procedures for repetitive detailed
inspections of certain electrical harnesses for discrepancies
(clearance and damage) and corrective actions, if necessary. Corrective
actions include repairing the electrical harness or replacing the
electrical harness sleeve, and increasing the clearance between the
affected electrical harness and hydraulic pipe. This material 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, and it is publicly available through the EASA
website.
FAA's Determination
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 referenced
above. 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.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2019-0035 described previously through the incorporated by reference of
EASA AD 2019-0035, except for any differences identified as exceptions
in the
[[Page 10260]]
regulatory text of this AD and except as discussed under ``Differences
Between this AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2019-0035 is incorporated by reference in the FAA final rule.
This AD, therefore, requires compliance with the provisions specified
in EASA AD 2019-0035, except for any differences identified as
exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2019-0035 that is required for compliance with
EASA AD 2019-0035 is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0121.
Differences Between This AD and the MCAI
EASA AD 2019-0035 specifies to modify the airplane (modification of
the adaptation damper bulkhead fitting for left hand and right hand
wings). For this AD, the modification, which would terminate the
repetitive inspections required by this AD, is optional. However, we
are considering further rulemaking to require this modification. The
planned compliance time for the modification would allow enough time to
provide notice and opportunity for prior public comment on the merits
of the modification. This difference has been coordinated with EASA.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because failure to detect and correct chafing of electrical harnesses
in the vicinity of hydraulic pipes could result in a potential source
of ignition in the flammable fluid leakage zone, and possibly result in
a fire or explosion and loss of the airplane. Therefore, we find good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons 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-2019-0121; Product
Identifier 2019-NM-025-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 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 AD.
Costs of Compliance
We estimate that this AD affects 14 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510........................... $0 $510 $7,140
----------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
16 work-hours x $85 per hour = $1,360. $8,900 $10,260
------------------------------------------------------------------------
We estimate the following costs for the necessary on-condition
action that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per \*\ $0 Up to $680.
hour = $680.
------------------------------------------------------------------------
* We have received no definitive data that would enable us to provide
parts cost estimates.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
[[Page 10261]]
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 and
associated appliances 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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2019-05-09 Airbus SAS: Amendment 39-19591; Docket No. FAA-2019-0121;
Product Identifier 2019-NM-025-AD.
(a) Effective Date
This AD becomes effective April 4, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A320-251N and -271N
airplanes, and Model A321-253N airplanes, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2019-0035, dated February 15, 2019 (``EASA AD 2019-0035'').
(d) Subject
Air Transport Association (ATA) of America Code 92, Electric and
electronic common installation.
(e) Reason
This AD was prompted by reports of low clearance between the
electrical harness and nearby hydraulic pipes in the inboard
trailing edge of the wing. We are issuing this AD to address this
condition, which, if not detected and corrected, could lead to
chafing of electrical harnesses in the vicinity of hydraulic pipes
and could result in a potential source of ignition in the flammable
fluid leakage zone, and possibly result in a fire or explosion and
loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0035.
(h) Exceptions to EASA AD 2019-0035
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0035 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0035 does not apply
to this AD.
(3) Where paragraph (4) of EASA AD 2019-0035 specifies to modify
the airplane in accordance with Airbus Service Bulletin A320-29-
1176, this AD does not require modification of the airplane, but
this AD allows that modification as an optional terminating action
for the required repetitive inspections.
(4) The provisions of paragraph (6) of EASA AD 2019-0035 are
allowed in the optional modification specified in paragraph (h)(3)
of this AD.
(i) No Reporting Requirement
Although certain service information referenced in EASA AD 2019-
0035 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k) 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.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0035 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
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
For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(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.
[[Page 10262]]
(i) European Aviation Safety Agency (EASA) AD 2019-0035, dated
February 15, 2019.
(ii) [Reserved]
(3) For EASA AD 2019-0035, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 89990 6017; email
ADs@easa.europa.eu; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this EASA AD at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. EASA AD
2019-0035 may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0121.
(5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on March 11, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-05199 Filed 3-19-19; 8:45 am]
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