Airworthiness Directives; Airbus SAS Airplanes, 31254-31257 [2019-13888]
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules
elements, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 90 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
Airbus A300–600 Airworthiness Limitations
Section (ALS), Part 2, ‘‘Damage Tolerant
Airworthiness Limitation Items (DT–ALI),’’
Revision 03, dated December 14, 2018. The
initial compliance time for doing the tasks is
at the time specified in Airbus A300–600
Airworthiness Limitations Section (ALS),
Part 2, ‘‘Damage Tolerant Airworthiness
Limitation Items (DT–ALI),’’ Revision 03,
dated December 14, 2018, or within 90 days
after the effective date of this AD, whichever
occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions and
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j)(1) of this AD.
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(i) Terminating Action for AD 2018–01–07
and AD 2018–19–33
Accomplishing the actions required by this
AD terminates all requirements of AD 2018–
01–07 and AD 2018–19–33.
(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-ANM-116-AMOCREQUESTS@faa.gov.
(i) 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.
(ii) AMOCs approved previously for AD
2018–19–33 are approved as AMOCs for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
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Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD: If
any service information contains procedures
or tests that are identified as RC, those
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) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2019–0090, dated April 26, 2019, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0501.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3225.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://www.airbus. You
may view this service information 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.
Issued in Des Moines, Washington, on June
21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13886 Filed 6–28–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0495; Product
Identifier 2019–NM–029–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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The FAA proposes to
supersede Airworthiness Directive (AD)
2019–05–09, which applies to certain
Airbus SAS Model A320–251N and
–271N airplanes, and Model A321–
253N airplanes. AD 2019–05–09
requires repetitive detailed inspections
of certain electrical harnesses for
discrepancies and corrective actions, if
necessary. AD 2019–05–09 also
provides an optional terminating
modification for the repetitive detailed
inspections. Since we issued AD 2019–
05–09, the FAA has determined that it
is necessary to require the terminating
modification. This proposed AD would
retain the actions of AD 2019–05–09
and add a requirement for a terminating
modification for the repetitive
inspections, as specified in an 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.
SUMMARY:
The FAA must receive comments
on this proposed AD by August 15,
2019.
DATES:
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 material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the 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.
ADDRESSES:
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules
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–
0495; 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:
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:
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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–2019–0495; Product
Identifier 2019–NM–029–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 FAA issued AD 2019–05–09,
Amendment 39–19591 (84 FR 10259,
March 20, 2019) (‘‘AD 2019–05–09’’), for
certain Airbus SAS Model A320–251N
and –271N airplanes, and Model A321–
253N airplanes. AD 2019–05–09
requires repetitive detailed inspections
of certain electrical harnesses for
discrepancies and corrective actions, if
necessary. AD 2019–05–09 also
provides an optional terminating
modification for the repetitive detailed
inspections. AD 2019–05–09 resulted
from reports of low clearance between
the electrical harness and nearby
hydraulic pipes in the inboard trailing
edge of the wing. The FAA issued AD
2019–05–09 to address this condition,
which, if not detected and corrected,
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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.
Actions Since AD 2019–05–09 Was
Issued
As previously mentioned, AD 2019–
05–09 allows for an optional
terminating modification of the
airplane, which the EASA AD required
but the FAA excepted. The preamble to
AD 2019–05–09 specifies that the FAA
was considering requiring modification
of the adaptation damper bulkhead
fitting for left hand and right hand
wings to recover correct clearance
between the electrical harness brackets
and the damper. That AD explains that
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, and this proposed AD
follows from that determination.
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 [Airbus 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.
Explanation of Retained Requirements
Although this proposed AD does not
explicitly restate the requirements of AD
2019–05–09, this proposed AD would
retain all of the requirements of AD
2019–05–09. Those requirements are
referenced in EASA AD 2019–0035,
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31255
which, in turn, is referenced in
paragraph (g) of this proposed AD.
Related IBR Material Under 1 CFR Part
51
This AD requires compliance with
EASA AD 2019–0035, which the
Director of the Federal Register
approved for incorporation by reference
as of April 4, 2019 (84 FR 10259, March
20, 2019). 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, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the agency 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 2019–0035 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 2019–0035
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2019–0035, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information specified in EASA
AD 2019–0035 that is required for
compliance with EASA AD 2019–0035
will be available on the internet https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0495 after the FAA final rule is
published.
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules
Costs of Compliance
The FAA estimates that this proposed
AD affects 14 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2019–05–09 .........
New proposed actions ....................................
6 work-hours × $85 per hour = $510 .............
16 work-hours × $85 per hour = $1,360 ........
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
Cost per
product
Parts cost
the results of any required actions. The
FAA has no way of determining the
$0
8,900
Cost on U.S.
operators
$510
10,260
$7,140
143,640
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 ............................................................................................................
*
Cost per
product
Up to $680 *
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates.
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
VerDate Sep<11>2014
17:34 Jun 28, 2019
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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.
Airbus SAS: Docket No. FAA–2019–0495;
Product Identifier 2019–NM–029–AD.
List of Subjects in 14 CFR Part 39
Air Transport Association (ATA) of
America Code 92, Electrical system
installation.
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
removing Airworthiness Directive (AD)
2019–05–09, Amendment 39–19591 (84
FR 10259, March 20, 2019), and adding
the following new AD:
■
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(a) Comments Due Date
The FAA must receive comments by
August 15, 2019.
(b) Affected ADs
This AD replaces AD 2019–05–09,
Amendment 39–19591 (84 FR 10259, March
20, 2019) (‘‘AD 2019–05–09’’).
(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
(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. The FAA is 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.
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Proposed Rules
(h) Exceptions to EASA AD 2019–0035
(1) For purposes of determining
compliance with the requirements of this AD:
Where Paragraphs (1) and (3) of EASA AD
2019–0035 refer to its effective date, this AD
requires using April 4, 2019 (the effective
date of AD 2019–05–09).
(2) For purposes of determining
compliance with the requirements of this AD:
Where Paragraph (4) of EASA AD 2019–0035
refers to its effective date, this AD requires
using the effective date of this AD.
(3) The ‘‘Remarks’’ section of EASA AD
2019–0035 does not apply to this AD.
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(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)(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
2019–0035 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
(1) For information about EASA AD 2019–
0035, contact the EASA, Konrad-Adenauer-
VerDate Sep<11>2014
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Jkt 247001
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 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–2019–0495.
(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 June
21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–13888 Filed 6–28–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 4
[Docket No. TTB–2019–0004; Notice No.
182]
RIN 1513–AB56
Elimination of Certain Standards of Fill
for Wine
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
In this document, the Alcohol
and Tobacco Tax and Trade Bureau
(TTB) addresses numerous petitions
requesting that TTB amend the
regulations that govern wine containers
to provide for additional authorized
standards of fill. TTB is proposing to
eliminate all but a minimum standard of
fill for wine containers and thus
eliminate unnecessary regulatory
requirements and provide consumers
broader purchasing options. TTB
welcomes comments on this proposed
deregulation, and it also seeks
comments on the relative merits of
alternatives, such as adding new
authorized standards of fill and
developing an expedited process for
adding additional standards in the
future. All of these approaches would
eliminate restrictions that inhibit
competition and the movement of goods
in domestic and international
commerce.
SUMMARY:
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31257
Comments must be received on
or before August 30, 2019.
ADDRESSES: Please send your comments
on this proposed rule to one of the
following addresses:
• Internet: https://
www.regulations.gov (via the online
comment form for this document as
posted within Docket No. TTB–2019–
0004 at ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400E, Washington, DC 20005.
See the Public Participation section of
this document for specific instructions
and requirements for submitting
comments, and for information on how
to request a public hearing.
You may view copies of this proposed
rule and any comments TTB receives
about this proposal at https://
www.regulations.gov within Docket No.
TTB–2019–0004. A link to that docket is
posted on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml under Notice No. 182.
You also may view copies of this
proposed rule and any comments TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW,
Washington, DC 20005. Please call 202–
453–2135 to make an appointment.
FOR FURTHER INFORMATION CONTACT:
Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and
Rulings Division; telephone 202–453–
1039, ext. 275.
SUPPLEMENTARY INFORMATION:
DATES:
Background
TTB Authority
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers
regulations setting forth bottle size and
related standards of fill for containers of
wine products distributed within the
United States. The authority to establish
these standards is based on section
105(e) of the Federal Alcohol
Administration Act (FAA Act), codified
at 27 U.S.C. 205(e), which authorizes
the Secretary of the Treasury to
prescribe regulations relating to the
‘‘packaging, marking, branding, and
labeling and size and fill’’ of alcohol
beverage containers ‘‘as will prohibit
deception of the consumer with respect
to such products or the quantity thereof
. . . .’’ TTB administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002, as
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]]>Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31254-31257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13888]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0495; Product Identifier 2019-NM-029-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-05-09, which applies to certain Airbus SAS Model A320-251N and -
271N airplanes, and Model A321-253N airplanes. AD 2019-05-09 requires
repetitive detailed inspections of certain electrical harnesses for
discrepancies and corrective actions, if necessary. AD 2019-05-09 also
provides an optional terminating modification for the repetitive
detailed inspections. Since we issued AD 2019-05-09, the FAA has
determined that it is necessary to require the terminating
modification. This proposed AD would retain the actions of AD 2019-05-
09 and add a requirement for a terminating modification for the
repetitive inspections, as specified in an 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 15,
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 material identified in this proposed AD that will be
incorporated by reference (IBR), contact the 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.
[[Page 31255]]
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-
0495; 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: 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:
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-2019-0495;
Product Identifier 2019-NM-029-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 FAA issued AD 2019-05-09, Amendment 39-19591 (84 FR 10259,
March 20, 2019) (``AD 2019-05-09''), for certain Airbus SAS Model A320-
251N and -271N airplanes, and Model A321-253N airplanes. AD 2019-05-09
requires repetitive detailed inspections of certain electrical
harnesses for discrepancies and corrective actions, if necessary. AD
2019-05-09 also provides an optional terminating modification for the
repetitive detailed inspections. AD 2019-05-09 resulted from reports of
low clearance between the electrical harness and nearby hydraulic pipes
in the inboard trailing edge of the wing. The FAA issued AD 2019-05-09
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.
Actions Since AD 2019-05-09 Was Issued
As previously mentioned, AD 2019-05-09 allows for an optional
terminating modification of the airplane, which the EASA AD required
but the FAA excepted. The preamble to AD 2019-05-09 specifies that the
FAA was considering requiring modification of the adaptation damper
bulkhead fitting for left hand and right hand wings to recover correct
clearance between the electrical harness brackets and the damper. That
AD explains that 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, and this proposed AD follows
from that determination.
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 [Airbus 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.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2019-05-09, this proposed AD would retain all of the
requirements of AD 2019-05-09. Those requirements are referenced in
EASA AD 2019-0035, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
This AD requires compliance with EASA AD 2019-0035, which the
Director of the Federal Register approved for incorporation by
reference as of April 4, 2019 (84 FR 10259, March 20, 2019). 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, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
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 2019-0035 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 2019-0035 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0035, through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information specified in EASA AD
2019-0035 that is required for compliance with EASA AD 2019-0035 will
be available on the internet https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0495 after the FAA final rule is
published.
[[Page 31256]]
Costs of Compliance
The FAA estimates that this proposed AD affects 14 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2019-05-09... 6 work-hours x $85 per $0 $510 $7,140
hour = $510.
New proposed actions.................. 16 work-hours x $85 per 8,900 10,260 143,640
hour = $1,360.
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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Up to 8 work-hours x $85 per hour = * Up to $680 *
$680..................................
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* The FAA has received no definitive data that would enable the agency
to provide parts cost estimates.
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 removing Airworthiness Directive (AD)
2019-05-09, Amendment 39-19591 (84 FR 10259, March 20, 2019), and
adding the following new AD:
Airbus SAS: Docket No. FAA-2019-0495; Product Identifier 2019-NM-
029-AD.
(a) Comments Due Date
The FAA must receive comments by August 15, 2019.
(b) Affected ADs
This AD replaces AD 2019-05-09, Amendment 39-19591 (84 FR 10259,
March 20, 2019) (``AD 2019-05-09'').
(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, Electrical
system 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. The FAA is 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.
[[Page 31257]]
(h) Exceptions to EASA AD 2019-0035
(1) For purposes of determining compliance with the requirements
of this AD: Where Paragraphs (1) and (3) of EASA AD 2019-0035 refer
to its effective date, this AD requires using April 4, 2019 (the
effective date of AD 2019-05-09).
(2) For purposes of determining compliance with the requirements
of this AD: Where Paragraph (4) of EASA AD 2019-0035 refers to its
effective date, this AD requires using the effective date of this
AD.
(3) The ``Remarks'' section of EASA AD 2019-0035 does not apply
to 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)(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 2019-0035 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
(1) For information about EASA AD 2019-0035, 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 2019-0035 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0495.
(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 June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-13888 Filed 6-28-19; 8:45 am]
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