Airworthiness Directives; Airbus SAS Airplanes, 30055-30058 [2019-13422]
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
to the airplane, and possible injury to
people on the ground.
(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, European
Aviation Safety Agency (EASA) AD
2018–0148R1, dated April 5, 2019
(‘‘EASA AD 2018–0148R1’’).
(h) Exceptions to EASA AD 2018–
0148R1
(1) For purposes of determining
compliance with the requirements of
this AD: Where EASA AD 2018–0148R1
refers to its effective date, or July 27,
2018 (the effective date of EASA AD
2018–0148, dated July 13, 2018), this
AD requires using the effective date of
this AD.
(2) The ‘‘Remarks’’ section of EASA
AD 2018–0148R1 does not apply to this
AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2018–0148R1
specifies to submit certain information
to the manufacturer, this AD does not
include that requirement.
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(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)(2) of this AD.
Information may be emailed to: 9-ANM116-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,
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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 2018–0148R1 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
(1) For information about EASA AD
2018–0148R1, contact the 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.
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 2018–0148R1 may be found
in the AD docket on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0485.
(2) For more information about this
AD, 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.
Issued in Des Moines, Washington, on June
18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13421 Filed 6–25–19; 8:45 am]
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30055
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0484; Product
Identifier 2019–NM–065–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A330–200, A330–
200 Freighter, A330–300, A340–200,
A340–300, A340–500, and A340–600
series airplanes. This proposed AD was
prompted by a report that an airplane
failed to extend its nose landing gear
(NLG) using the free fall method, due to
loss of the green hydraulic system. This
proposed AD would require repetitive
tests of affected free fall actuators (FFA),
and replacement of any affected FFA
that fails a test with a serviceable FFA;
as specified in a European Aviation
Safety Agency (EASA) AD, which will
be incorporated by reference. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 12, 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 material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +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
SUMMARY:
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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–
0484; 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 is
listed above. 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;
phone and fax: 206–231–3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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–2019–0484; Product
Identifier 2019–NM–065–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0063, dated March 26, 2019
(‘‘EASA AD 2019–0063’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A330–200,
A330–200 Freighter, A330–300, A340–
200, A340–300, A340–500, and A340–
600 series airplanes. The MCAI states:
An A330 aeroplane failed to extend its
NLG by free fall method, prompted by the
loss of the green hydraulic system.
Investigation results revealed that the NLG
FFA [part number] P/N AR02404 has been
identified as the root cause, the magnets on
this actuator having been found detached on
both electrical motors. Further investigation
conducted with the FFA manufacturer has
identified a potential similar issue on
specific FFA with the same P/N,
manufactured in 2001 and 2002. Units
manufactured in other years are still being
investigated. These affected FFA can also be
fitted on [main landing gear] MLG (on A330
and A340 aeroplanes) and [center landing
gear] CLG (on A340–500/600 aeroplanes
only) of the aeroplane.
This condition, if not detected and
corrected, could prevent LG [landing gear]
extension by free fall method, possibly
resulting in loss of control of the aeroplane
after landing, with consequent damage to the
aeroplane and injury to occupants.
To address this potential unsafe condition,
Airbus issued the AOT [Alert Operators
Transmission A32L012–18] to provide
instructions to inspect and test the affected
FFA.
For the reasons described above, this
[EASA] AD requires repetitive testing of each
affected FFA, and, depending on findings,
replacement with a serviceable FFA.
This [EASA] AD is considered to be an
interim action and further [EASA] AD action
may follow.
Related IBR Material Under 1 CFR part
51
EASA AD 2019–0063 describes
procedures for repetitive tests of
affected FFAs and replacement of any
affected FFA that fails a test with a
serviceable FFA. EASA AD 2019–0063
also describes procedures for an
optional terminating action
(replacement of all affected FFAs),
which would terminate the repetitive
tests. 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.
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. The FAA is
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 2019–0063 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 2019–0063
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2019–0063, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information specified in EASA
AD 2019–0063 that is required for
compliance with EASA AD 2019–0063
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0484 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 107 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
2 work-hours × $85 per hour = $170 ..........................................................................................
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Cost per
product
Parts cost
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$170
Cost on U.S.
operators
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Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Proposed Rules
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
30057
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
2 work-hours × $85 per hour = $170 ......................................................................................................................
$0 *
Cost per
product
$170
* The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-condition replacements specified in
this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is 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.
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Regulatory Findings
The FAA 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;
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2. Will not affect intrastate aviation in
Alaska; and
3. 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 SAS: Docket No. FAA–2019–0484;
Product Identifier 2019–NM–065–AD.
(a) Comments Due Date
The FAA must receive comments by
August 12, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS
airplanes identified in paragraphs (c)(1)
through (c)(7) of this AD, certificated in any
category.
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–223F and –243F airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
(4) Model A340–211, –212, –213 airplanes.
(5) Model A340–311, –312, and –313
airplanes.
(6) Model A340–541 airplanes.
(7) Model A340–642 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing gear.
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(e) Reason
This AD was prompted by a report that an
airplane failed to extend its nose landing gear
(NLG) using the free fall method, due to the
loss of the green hydraulic system. The FAA
is issuing this AD to address detached
magnets on both electrical motors of the free
fall actuators (FFA) which could prevent
landing gear extension by the free fall
method, possibly resulting in loss of control
of the airplane after landing.
(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, European Aviation Safety
Agency (EASA) AD 2019–0063, dated March
26, 2019 (‘‘EASA AD 2019–0063’’).
(h) Exceptions to EASA AD 2019–0063
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0063 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0063 does not apply to this AD.
(3) Where EASA AD 2019–0063 specifies
credit for certain tasks ‘‘provided the
continuity test specified in AMM task A330–
32–33–00–710–809, or AMM task A340–32–
33–00–710–806, as applicable, is
accomplished concurrently,’’ this AD
provides credit ‘‘provided the continuity test
is accomplished concurrently in accordance
with the instructions of an FAA-approved
maintenance or inspection program.’’
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0063 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
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Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (k)(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
2019–0063 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
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(1) For information about EASA AD 2019–
0063, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +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 2019–0063 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0484.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3229.
Issued in Des Moines, Washington, on June
18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13422 Filed 6–25–19; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0431]
RIN 1625–AA08
Special Local Regulation; Roy Webster
Cross Channel Swim, Columbia River,
Cascade Locks, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary regulated area
for certain waters of the Columbia River.
This action is necessary to provide for
the safety of participants and the
maritime public during a cross-channel
swim. This proposed rulemaking would
prohibit non-participant persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Columbia River or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 26, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0431 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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email msupdxwwm@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
The Roy Webster Cross-Channel
Swim is an annual event that has been
running for the last 74 years on the
Columbia River in the vicinity of Hood
River, OR occurring on or around Labor
Day. Participants are ferried across the
Columbia River from the Hood River
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Marina to the Washington shore at the
start of the event. Once on the other
side, the participants jump off the ferry
and swim back across the river
following a swim lane that is lined with
volunteers in sailboats, kayaks and
paddleboards. Approximately 300
swimmers participate in this event
annually. On April 4, 2019, the Hood
River Chamber of Commerce notified
the Coast Guard that it will be moving
the swim location from Hood River, OR,
to Cascade Locks, OR.
The purpose of this rulemaking is to
relocate the regulated area from Hood
River, OR to Cascade Locks, OR to
ensure the safety of event participants,
the marine environment and the
protection of the navigable waterway
during the scheduled event for 2019.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Thirteenth Coast Guard District
Commander is proposing to establish a
regulated area from 5:30 a.m. to noon on
September 2, 2019. As the event
consists of participants swimming
across the navigable channel, the Coast
Guard feels that it would be necessary
to establish a regulated area that would
cover all navigable waters of the
Columbia River between river mile 149
and river mile 151 during the event.
Since 2017, a regulated area between
River Mile 169 and River Mile 170 has
been established for this event under 33
CFR 100.1302. Because the location of
the event has been changed for 2019, we
will not be enforcing the § 100.1302
regulations for the Roy Webster Cross
Channel Swim event this year, and
instead are issuing this notice of
proposed rulemaking (NPRM) to
establish a temporary rule for 2019.
This NPRM proposes to create a
temporary regulated area in the vicinity
of Cascade Locks, OR, rather than Hood
River, OR, for this year’s event in
accordance with the request of the
organizers. The regulatory text we are
proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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Agencies
[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Proposed Rules]
[Pages 30055-30058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13422]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0484; Product Identifier 2019-NM-065-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340-
200, A340-300, A340-500, and A340-600 series airplanes. This proposed
AD was prompted by a report that an airplane failed to extend its nose
landing gear (NLG) using the free fall method, due to loss of the green
hydraulic system. This proposed AD would require repetitive tests of
affected free fall actuators (FFA), and replacement of any affected FFA
that fails a test with a serviceable FFA; as specified in a European
Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by August 12,
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 material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; phone: +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
[[Page 30056]]
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-
0484; 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 is listed above.
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; phone and fax: 206-231-3229.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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-2019-0484;
Product Identifier 2019-NM-065-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0063, dated March 26, 2019
(``EASA AD 2019-0063'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A330-200, A330-200 Freighter, A330-
300, A340-200, A340-300, A340-500, and A340-600 series airplanes. The
MCAI states:
An A330 aeroplane failed to extend its NLG by free fall method,
prompted by the loss of the green hydraulic system. Investigation
results revealed that the NLG FFA [part number] P/N AR02404 has been
identified as the root cause, the magnets on this actuator having
been found detached on both electrical motors. Further investigation
conducted with the FFA manufacturer has identified a potential
similar issue on specific FFA with the same P/N, manufactured in
2001 and 2002. Units manufactured in other years are still being
investigated. These affected FFA can also be fitted on [main landing
gear] MLG (on A330 and A340 aeroplanes) and [center landing gear]
CLG (on A340-500/600 aeroplanes only) of the aeroplane.
This condition, if not detected and corrected, could prevent LG
[landing gear] extension by free fall method, possibly resulting in
loss of control of the aeroplane after landing, with consequent
damage to the aeroplane and injury to occupants.
To address this potential unsafe condition, Airbus issued the
AOT [Alert Operators Transmission A32L012-18] to provide
instructions to inspect and test the affected FFA.
For the reasons described above, this [EASA] AD requires
repetitive testing of each affected FFA, and, depending on findings,
replacement with a serviceable FFA.
This [EASA] AD is considered to be an interim action and further
[EASA] AD action may follow.
Related IBR Material Under 1 CFR part 51
EASA AD 2019-0063 describes procedures for repetitive tests of
affected FFAs and replacement of any affected FFA that fails a test
with a serviceable FFA. EASA AD 2019-0063 also describes procedures for
an optional terminating action (replacement of all affected FFAs),
which would terminate the repetitive tests. 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.
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. The FAA is 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 2019-0063 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 2019-0063 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0063, through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information specified in EASA AD
2019-0063 that is required for compliance with EASA AD 2019-0063 will
be available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0484 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD affects 107 airplanes of
U.S. registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
2 work[dash]hours x $85 per hour = $170......................... $0 $170 $18,190
----------------------------------------------------------------------------------------------------------------
[[Page 30057]]
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...... $0 \*\ $170
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to
provide parts cost estimates for the on-condition replacements
specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is 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
The FAA 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. Will not affect intrastate aviation in Alaska; and
3. 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-2019-0484; Product Identifier 2019-NM-
065-AD.
(a) Comments Due Date
The FAA must receive comments by August 12, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (c)(7) of this AD, certificated in any
category.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(4) Model A340-211, -212, -213 airplanes.
(5) Model A340-311, -312, and -313 airplanes.
(6) Model A340-541 airplanes.
(7) Model A340-642 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Reason
This AD was prompted by a report that an airplane failed to
extend its nose landing gear (NLG) using the free fall method, due
to the loss of the green hydraulic system. The FAA is issuing this
AD to address detached magnets on both electrical motors of the free
fall actuators (FFA) which could prevent landing gear extension by
the free fall method, possibly resulting in loss of control of the
airplane after landing.
(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, European Aviation Safety Agency (EASA) AD 2019-
0063, dated March 26, 2019 (``EASA AD 2019-0063'').
(h) Exceptions to EASA AD 2019-0063
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0063 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0063 does not apply
to this AD.
(3) Where EASA AD 2019-0063 specifies credit for certain tasks
``provided the continuity test specified in AMM task A330-32-33-00-
710-809, or AMM task A340-32-33-00-710-806, as applicable, is
accomplished concurrently,'' this AD provides credit ``provided the
continuity test is accomplished concurrently in accordance with the
instructions of an FAA-approved maintenance or inspection program.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2019-0063
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
[[Page 30058]]
Office, as appropriate. If sending information directly to the
International Section, send it to the attention of the person
identified in paragraph (k)(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 2019-0063 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
(1) For information about EASA AD 2019-0063, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 2019-0063 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0484.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3229.
Issued in Des Moines, Washington, on June 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13422 Filed 6-25-19; 8:45 am]
BILLING CODE 4910-13-P