Airworthiness Directives; Airbus SAS Airplanes, 20057-20060 [2019-09442]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
(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 2018–0289.
khammond on DSKBBV9HB2PROD with PROPOSALS
(h) Exceptions to EASA AD 2018–0289
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2018–0289 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2018–0289 does not apply to this AD.
(3) Where Table 1 of EASA AD 2018–0289
refers to a compliance time ‘‘after 31 May
2017,’’ this AD requires using a compliance
time after May 31, 2018 (the effective date of
task 531103–01–1 in ‘‘ALS Part 2 rev. 6’’).
(i) 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 (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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
2018–0289 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2018–
0289, contact the EASA, Konrad–Adenauer–
Ufer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
VerDate Sep<11>2014
16:31 May 07, 2019
Jkt 247001
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. 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 2018–0289 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0254.
(2) 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.
Issued in Des Moines, Washington, on May
1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–09440 Filed 5–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0320; Product
Identifier 2019–NM–017–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Airbus SAS Model A330–200 Freighter,
–200 and –300 series airplanes; and
certain Airbus SAS Model A340–200,
–300, –500, and –600 series airplanes.
This proposed AD was prompted by a
determination that certain wing slat
tracks that were inadvertently indicated
as eligible for installation on all Model
A330 and A340 series airplanes are
unable to sustain the ultimate loads
relative to the weight variant of certain
airplane configurations. This proposed
AD would require inspecting any
affected part for cracking, and replacing
with a serviceable part, as specified in
an European Aviation Safety Agency
(EASA) AD, which will be incorporated
by reference. We are proposing this AD
to address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by June 24, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
SUMMARY:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
20057
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: Deliver to Mail
address above 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–
0320; 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 NPRM, 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:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St, Des Moines, WA 98198;
telephone and fax: 206–231–3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2019–0320; Product Identifier 2019–
NM–017–AD’’ at the beginning of your
comments. We specifically invite
E:\FR\FM\08MYP1.SGM
08MYP1
20058
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM 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 NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0026, dated February 4, 2019
(‘‘EASA AD 2019–0026’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A330–200
Freighter, –200 and –300 series
airplanes; and certain Airbus SAS
Model A340–200, –300, –500, and –600
series airplanes. The MCAI states:
It was recently determined that, since June
2010, the affected parts were inadvertently
indicated as eligible for installation on all
A330 and A340 aeroplanes in the applicable
Illustrated Part Catalogue (IPC), although in
fact, those parts are not valid for some
aeroplane configurations (weight variants),
because they are unable to sustain ultimate
load. Investigation demonstrated that affected
parts were never delivered as spare part.
However, it cannot be excluded that an
affected part was removed in-service from an
aeroplane and installed on another.
This condition, if not detected and
corrected, could lead to slat detachment in
flight, possibly resulting in reduced control
of the aeroplane.
To address this potential unsafe condition,
Airbus published the applicable SB [service
bulletin] to provide instructions to identify
affected parts, and instructions to inspect [for
cracking of] those affected parts found
installed.
For the reasons described above, this
[EASA] AD requires a one-time detailed
(DET) and special detailed inspection (SDI)
of the aft lug of each affected part and
replacement of each affected part. This
[EASA] AD also prohibits installation of
affected parts.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0026 describes
procedures for one-time detailed and
special detailed (high frequency eddy
current) inspections for cracking of the
aft lug of each affected wing slat track
(including an inspection to first
determine if an affected part is
installed), and replacing any affected
part with a serviceable part. 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 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 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 the same type design.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0026 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
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 2019–0026
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2019–0026, except for any
differences identified as exceptions in
the regulatory text of this proposed AD.
Service information specified in EASA
AD 2019–0026 that is required for
compliance with EASA AD 2019–0026
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0320 after the FAA final rule is
published.
Costs of Compliance
We estimate that this proposed AD
affects 104 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
7 work-hours × $85 per hour = $595 ..........................................................................................
$0
$595
$61,880
We estimate the following costs to do
any 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:
khammond on DSKBBV9HB2PROD with PROPOSALS
ESTIMATED COSTS OF ON-CONDITION ACTION
Labor cost
Parts cost
Cost per
product
8 work-hours × $85 per hour = $680 ......................................................................................................................
$0
$680
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
VerDate Sep<11>2014
16:31 May 07, 2019
Jkt 247001
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all known
costs in our cost estimate.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
E:\FR\FM\08MYP1.SGM
08MYP1
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This proposed 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 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.
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 SAS: Docket No. FAA–2019–0320;
Product Identifier 2019–NM–017–AD.
(a) Comments Due Date
We must receive comments by June 24,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified
in paragraphs (c)(1), (c)(2), (c)(3), (c)(4), (c)(5),
and (c)(6) of this AD, certificated in any
category, as identified in European Aviation
Safety Agency (EASA) AD 2019–0026, dated
February 4, 2019 (‘‘EASA AD 2019–0026’’).
(1) Airbus SAS Model A330–223F and
–243F airplanes.
(2) Airbus SAS Model A330–201, –202,
–203, –223, and –243 airplanes.
(3) Airbus SAS Model A330–301, –302,
–303, –321, –322, –323, –341, –342, and –343
airplanes.
(4) Airbus SAS Model A340–211, –212,
and –213 airplanes.
(5) Airbus SAS Model A340–311, –312,
and –313 airplanes.
(6) Airbus SAS Model A340–541 and –642
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by a determination
that certain wing slat tracks that had been
inadvertently indicated as eligible for
installation on all Model A330 and A340
series airplanes are unable to sustain the
ultimate loads relative to the weight variant
of certain airplane configurations. We are
issuing this AD to address installation of
affected parts, which could result in slat
detachment in flight and consequent reduced
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(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 2019–0026.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
(h) Exceptions to EASA AD 2019–0026
(1) For purposes of determining
compliance with the requirements of this AD:
VerDate Sep<11>2014
16:31 May 07, 2019
Jkt 247001
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
20059
Where EASA AD 2019–0026 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0026 does not apply to this AD.
(i) 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 (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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
2019–0026 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2019–
0026, contact the EASA, Konrad-AdenauerUfer 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. 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 2019–0026 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0320.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
E:\FR\FM\08MYP1.SGM
08MYP1
20060
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax: 206–231–3229.
Issued in Des Moines, Washington, on May
1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–09442 Filed 5–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2019–C–1782]
CooperVision, Inc.; Filing of Color
Additive Petition
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification of petition.
The Food and Drug
Administration (FDA or we) is
announcing that we have filed a
petition, submitted by CooperVision,
Inc., proposing that the color additive
regulations be amended to provide for
the safe use of disperse orange 3
methacrylamide to color contact lenses.
The color additive is intended to be
copolymerized with various monomers
to produce colored contact lens
materials.
SUMMARY:
The color additive petition was
filed on March 28, 2019.
ADDRESSES: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number found in brackets in the
heading of this document into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Molly A. Harry, Center for Food Safety
and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1075.
SUPPLEMENTARY INFORMATION: Under
section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
379e(d)(1)), we are giving notice that we
have filed a color additive petition (CAP
9C0315), submitted by CooperVision,
Inc., 5870 Stoneridge Dr., Suite 1,
Pleasanton, CA 94588. The petition
proposes to amend the color additive
regulations in 21 CFR part 73, Listing of
khammond on DSKBBV9HB2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
16:31 May 07, 2019
Jkt 247001
Color Additives Exempt from
Certification, to provide for the safe use
of disperse orange 3 methacrylamide
(CAS Reg. No. 58142–15–7; CAS name
2-propenamide, 2-methyl-N-[4-[2-(4nitrophenyl)diazenyl]phenyl]-) to color
contact lenses. The color additive is
intended to be copolymerized with
various monomers to produce colored
contact lens materials.
The petitioner has claimed that this
action is categorically excluded under
21 CFR 25.32(l) because disperse orange
3 methacrylamide is intended for use in
contact lenses. In addition, the
petitioner has stated that, to their
knowledge, no extraordinary
circumstances exist. If FDA determines
a categorical exclusion applies, neither
an environmental assessment nor an
environmental impact statement is
required. If FDA determines a
categorical exclusion does not apply, we
will request an environmental
assessment and make it available for
public inspection.
Dated: May 2, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019–09411 Filed 5–7–19; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0300]
RIN 1625–AA08
Special Local Regulations; Festival of
Sail Duluth 2019 Parade of Sail, Lake
Superior, Duluth, MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation for a designated area of the
Duluth Harbor entrance to Superior Bay
on Lake Superior during the Festival of
Sail 2019 event in Duluth, MN. This
action is necessary to provide for the
safety of life on these navigable waters
around the port of Duluth, MN during
a parade of sail event on August 11,
2019. This proposed rulemaking would
prohibit persons and vessels from being
in the designated region unless
authorized by the Captain of the Port
Duluth or a designated representative.
We invite your comments on this
proposed rulemaking.
SUMMARY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
Comments and related material
must be received by the Coast Guard on
or before June 7, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0300 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Abbie Lyons, Waterways Management,
MSU Duluth, U.S. Coast Guard;
telephone 218–725–3818, email
Abbie.E.Lyons@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On December 11, 2018, Draw Events
LLC notified the Coast Guard that it will
be conducting a Parade of Sail from 7
a.m. through 1 p.m. on August 11, 2019,
as part of the 2019 Festival of Sail event
in Duluth, MN from August 11 through
August 13, 2019. Hazards from spectator
vessels and the limited maneuverability
of the sailing vessels exist. The Captain
of the Port Duluth (COTP) has
determined that potential hazards
associated with the parade of sail would
be a safety concern for anyone within
the route of the parade.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the parade
route before, during, and immediately
after the scheduled event. The legal
basis for this proposed rule is the Coast
Guard’s authority under 46 U.S.C.
70041; 33 CFR 1.05–1.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation from 7 a.m.
through 1 p.m. on August 11, 2019. The
special local regulation would cover all
navigable waters encompassed within
the following boundaries: Beginning at
position 46°46′48.36″ N, 092°05′16.44″
W, across Duluth Harbor to 46°47′02.76″
N, 092°05′17.88″ W, turning north
toward the Duluth Lift Bridge at to
46°47′19.32″ N, 092°04′04.80″ W, to
46°46′50.88″ N, 092°05′17.88″ W, out
E:\FR\FM\08MYP1.SGM
08MYP1
]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20057-20060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09442]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0320; Product Identifier 2019-NM-017-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200 Freighter, -200 and -300 series
airplanes; and certain Airbus SAS Model A340-200, -300, -500, and -600
series airplanes. This proposed AD was prompted by a determination that
certain wing slat tracks that were inadvertently indicated as eligible
for installation on all Model A330 and A340 series airplanes are unable
to sustain the ultimate loads relative to the weight variant of certain
airplane configurations. This proposed AD would require inspecting any
affected part for cracking, and replacing with a serviceable part, as
specified in an European Aviation Safety Agency (EASA) AD, which will
be incorporated by reference. We are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 24, 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: Deliver to Mail address above 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 [email protected];
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-
0320; 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 NPRM, 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: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St, Des Moines, WA 98198; telephone and fax: 206-231-3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0320;
Product Identifier 2019-NM-017-AD'' at the beginning of your comments.
We specifically invite
[[Page 20058]]
comments on the overall regulatory, economic, environmental, and energy
aspects of this NPRM. We will consider all comments received by the
closing date and may amend this NPRM 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 NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0026, dated February 4, 2019
(``EASA AD 2019-0026'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-200 Freighter, -200 and -
300 series airplanes; and certain Airbus SAS Model A340-200, -300, -
500, and -600 series airplanes. The MCAI states:
It was recently determined that, since June 2010, the affected
parts were inadvertently indicated as eligible for installation on
all A330 and A340 aeroplanes in the applicable Illustrated Part
Catalogue (IPC), although in fact, those parts are not valid for
some aeroplane configurations (weight variants), because they are
unable to sustain ultimate load. Investigation demonstrated that
affected parts were never delivered as spare part. However, it
cannot be excluded that an affected part was removed in-service from
an aeroplane and installed on another.
This condition, if not detected and corrected, could lead to
slat detachment in flight, possibly resulting in reduced control of
the aeroplane.
To address this potential unsafe condition, Airbus published the
applicable SB [service bulletin] to provide instructions to identify
affected parts, and instructions to inspect [for cracking of] those
affected parts found installed.
For the reasons described above, this [EASA] AD requires a one-
time detailed (DET) and special detailed inspection (SDI) of the aft
lug of each affected part and replacement of each affected part.
This [EASA] AD also prohibits installation of affected parts.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0026 describes procedures for one-time detailed and
special detailed (high frequency eddy current) inspections for cracking
of the aft lug of each affected wing slat track (including an
inspection to first determine if an affected part is installed), and
replacing any affected part with a serviceable part. 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 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 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 the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0026 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
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 2019-0026 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0026, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2019-0026 that is required for
compliance with EASA AD 2019-0026 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0320 after the FAA final rule is published.
Costs of Compliance
We estimate that this proposed AD affects 104 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
7 work-hours x $85 per hour = $595........................... $0 $595 $61,880
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any 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 Action
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680.... $0 $680
------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this
proposed 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,
[[Page 20059]]
section 106, describes the authority of the FAA Administrator. Subtitle
VII: Aviation Programs, describes in more detail the scope of the
Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed 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 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 SAS: Docket No. FAA-2019-0320; Product Identifier 2019-NM-
017-AD.
(a) Comments Due Date
We must receive comments by June 24, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD,
certificated in any category, as identified in European Aviation
Safety Agency (EASA) AD 2019-0026, dated February 4, 2019 (``EASA AD
2019-0026'').
(1) Airbus SAS Model A330-223F and -243F airplanes.
(2) Airbus SAS Model A330-201, -202, -203, -223, and -243
airplanes.
(3) Airbus SAS Model A330-301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes.
(4) Airbus SAS Model A340-211, -212, and -213 airplanes.
(5) Airbus SAS Model A340-311, -312, and -313 airplanes.
(6) Airbus SAS Model A340-541 and -642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by a determination that certain wing slat
tracks that had been inadvertently indicated as eligible for
installation on all Model A330 and A340 series airplanes are unable
to sustain the ultimate loads relative to the weight variant of
certain airplane configurations. We are issuing this AD to address
installation of affected parts, which could result in slat
detachment in flight and consequent reduced control 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 2019-0026.
(h) Exceptions to EASA AD 2019-0026
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0026 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0026 does not apply
to this AD.
(i) 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 (j)(2) of this AD. Information
may be emailed to: [email protected]. 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 2019-0026 that contains RC procedures and
tests: Except as required by paragraph (i)(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.
(j) Related Information
(1) For information about EASA AD 2019-0026, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. 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 2019-0026 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0320.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace
[[Page 20060]]
Engineer, International Section, Transport Standards Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax: 206-
231-3229.
Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09442 Filed 5-7-19; 8:45 am]
BILLING CODE 4910-13-P
