Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters, 53008-53011 [2019-21564]
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
maintained. However, the final
recommendation provided by the Board
indicated yields were better than
anticipated in July, but still an issue.
The other major factor in this
adjustment was a consideration of
expected sales. As noted earlier, the
Board’s discussions indicated the
adjustment for additional sales may
have been overstated in its preliminary
calculations. Therefore, the economic
adjustment was not eliminated but
reduced to 24 million pounds. Further,
all members had an opportunity to
express their opinions. The concerns
regarding the change in the economic
adjustment raised by these commenters
were part of the Board’s discussions and
in the end the recommended adjustment
was supported by a supermajority of the
Board.
The comments also referred to old or
poor quality inventory being favored by
the regulation. With the exception of an
age limitation on inventory held in
reserve, the Order makes no distinctions
among products in inventory. There are
no regulations on the age or quality of
fruit held as free inventory, nor is there
any specific data collected regarding the
age of the product in inventory. The
comments also provide no specifics
regarding the volume or age of the
inventory they cite as problematic.
Without this information, there can be
no objective determination regarding
how the age or quality of current
inventory is impacting the market.
Both comments also mentioned
concerns with the volume of imports,
which were also part of the Board’s
preliminary and final discussions.
While the Order cannot regulate
imports, the Board has sought to use its
available tools to remain competitive. In
recent years, the Board has
recommended, and USDA implemented,
changes to the Order to allow processors
to use restricted fruit under the market
expansion provisions of the Order. This
has included allowing new market
diversion credits when supplying a
customer formerly supplied by imports.
As stated previously, these activities
accounted for 55 million pounds of
sales in 2017, up from 21.4 million
pounds in the previous season. In 2018,
the Order’s rules and regulations were
modified to expand the number of years
products are eligible for these diversion
credits from three to five years. That
change allows handlers to receive
credits for two additional years, making
it more likely handlers will invest in
these diversion activities and reestablish
domestic markets using restricted fruit.
One commenter also indicated the
regulation results in quality fruit being
destroyed. There is no requirement
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16:14 Oct 03, 2019
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under the Order to destroy fruit. Those
choosing to participate in grower
diversion as a means of complying with
the regulation do leave fruit
unharvested in order to receive
diversion credits that are then sold to
processors. This is just one of many
options processors have in order comply
with the regulation. Board data indicate
only 12.5 million pounds were diverted
in the orchard, half of what had been
projected in July. This indicates more
handlers chose to meet their restricted
percentage using reserves, new product
and new market diversion, and exports.
Accordingly, based on the comments
received, no changes will be made to the
rule as proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matter presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and
recordkeeping requirements, Tart
cherries.
For the reasons set forth in the
preamble, 7 CFR part 930 is amended as
follows:
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:
■
2. Amend § 930.158 by revising
paragraph (a) to read as follows:
§ 930.158 Grower diversion and grower
diversion certificates.
(a) Grower diversion certificates. The
Board may issue diversion certificates to
growers in districts subject to volume
regulation who have voluntarily elected
to divert in the orchard all or a portion
of their tart cherry production which
otherwise, upon delivery to handlers,
would become restricted percentage
cherries. Growers may offer the
diversion certificate to handlers in lieu
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§ 930.256 Free and restricted percentages
for the 2018–19 crop year.
The percentages for tart cherries
handled by handlers during the crop
year beginning on July 1, 2018, which
shall be free and restricted, respectively,
are designated as follows: Free
percentage, 73 percent and restricted
percentage, 27 percent.
Dated: September 26, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–21360 Filed 10–3–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0389; Product
Identifier 2018–SW–035–AD; Amendment
39–19748; AD 2019–19–12]
RIN 2120–AA64
Airworthiness Directives; Sikorsky
Aircraft Corporation Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
Authority: 7 U.S.C. 601–674.
■
PO 00000
of delivering cherries. Handlers may
redeem diversion certificates with the
Board through June 30 of each crop
year. After June 30 of the crop year that
crop year’s grower diversion certificates
are no longer valid. Cherries that have
reached a harvestable, marketable
condition will be eligible for diversion.
Diversion will not be granted to growers
whose fruit was destroyed before it set
and/or matured on the tree, or whose
fruit is unmarketable. If marketable fruit
were to be damaged or destroyed by acts
of nature such as storms or hail
diversion credit could be granted. To be
considered marketable for the purposes
of this section, sampled fruit may not
exceed a 5 percent tolerance for insects
or a 7 percent tolerance for rot.
*
*
*
*
*
■ 3. Revise § 930.256 to read as follows:
The FAA is superseding
Airworthiness Directive (AD) 2018–10–
07 for Sikorsky Aircraft Corporation
(Sikorsky) Model S–76C helicopters. AD
2018–10–07 required inspecting the
engine collective position transducer
(CPT). This new AD retains the
requirements of AD 2018–10–07 and
expands the applicability. This AD is
prompted by the determination that an
additional part-numbered engine CPT is
affected by the same unsafe condition.
SUMMARY:
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective November 8,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 8, 2019.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of June 25, 2018 (83 FR
23355, May 21, 2018).
ADDRESSES: For service information
identified in this final rule, contact your
local Sikorsky Field Representative or
Sikorsky’s Service Engineering Group at
Sikorsky Aircraft Corporation, 124
Quarry Road, Trumbull, CT 06611;
telephone 1–800–Winged–S or 203–
416–4299; email wcs_cust_service_
eng.gr-sik@lmco.com. Operators may
also log on to the Sikorsky 360 website
at https://www.sikorsky360.com. You
may review a copy of the referenced
service information at the FAA, Office
of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room
6N–321, Fort Worth, TX 76177. It is also
available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0389.
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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–
0389; 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 final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations is Document Operations,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Nick
Rediess, Aviation Safety Engineer,
Boston ACO Branch, Compliance &
Airworthiness Division, 1200 District
Avenue, Burlington, MA 01803;
telephone (781) 238–7159; email
nicholas.rediess@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2018–10–07,
Amendment 39–19282 (83 FR 23355,
May 21, 2018) (‘‘AD 2018–10–07’’). AD
2018–10–07 applied to Sikorsky Model
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16:14 Oct 03, 2019
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53009
S–76C helicopters with a Turbomeca,
S.A., Arriel 2S1 or Arriel 2S2 engine
with an engine CPT part number (P/N)
76900–01821–104 installed. The NPRM
published in the Federal Register on
May 23, 2019 (84 FR 23740). The NPRM
was prompted by the determination that
an additional part-numbered CPT is
affected by the same unsafe condition
identified in AD 2018–10–07. The
NPRM proposed to retain all of the
requirements of AD 2018–10–07, which
required initial and recurring
inspections of each CPT by measuring
resistance, linearity resistance
movement, and differential voltage, and
depending on the outcome of the
inspections, replacing the CPT. The
NPRM also proposed to add engine CPT
P/N 76900–01821–105 to the
applicability. The FAA is issuing this
AD to address the unsafe condition on
these products.
divides the procedures by CPT Test Box
P/N by providing separate procedures
for test boxes modified by Sikorsky
Special Service Instructions (SSI) No.
76–96, dated August 19, 2016, which is
not incorporated by reference in this
AD.
Additionally, the FAA reviewed TR
73–08, which updates procedures in TR
73–07. TR 73–08 does not divide the
procedures by CPT Test Box P/N as it
eliminates the procedures for CPT Text
Box P/N 76700–40009–042. TR 73–08
omits obsolete figures and it provides
inspection results as pass or fail.
Finally, the FAA reviewed TR 73–10,
which updates procedural steps and
graphics in TR 73–08.
This service information 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.
Comments
The FAA gave the public the
opportunity to participate in developing
this AD. The FAA received no
comments on the NPRM or on the
determination of the cost to the public.
Other Related Service Information
The FAA reviewed Sikorsky S–76
Helicopter ASB 76–73–8, Basic Issue,
dated August 21, 2015 (ASB 76–73–8).
ASB 76–73–8 contains the same
procedures as ASB 76–73–8A; however,
ASB 76–73–8A updates Sikorsky’s
contact information for submitting a
purchase order.
The FAA also reviewed Sikorsky SA
4047–76C–2–1, Temporary Revision No.
5–181, dated August 21, 2015 (TR 5–
181); Task 5–20–00 of Sikorsky
Airworthiness Limitations and
Inspection Requirements, Publication
No. SA 4047–76C–2–1, Revision 24,
dated December 15, 2015 (Task 5–20–
00); and Section 73–22–04 of Chapter 73
Engine Fuel and Control, of Sikorsky
Maintenance Manual, SA 4047–76C–2,
Revision 31, dated December 15, 2015
(Section 73–22–04). TR 5–181 specifies
adding CPT inspections referenced in
Section 73–22–04 to the 300-hour
inspection checklist contained in Task
5–20–00.
The FAA also reviewed Sikorsky
Safety Advisory No. SSA–S76–11–0002,
dated May 17, 2011. This service
information provides precautionary
instructions to minimize hazardous
situations that might result from an
unreliable CPT.
The FAA also reviewed Sikorsky SSI
No. 76–96, dated August 19, 2016,
which specifies procedures to modify
CPT Test Box P/N 76700–40009–042
and re-identify it as P/N 76700–40009–
043. This one-time modification reduces
the instructions to inspect the CPT and
improves the inspection accuracy.
The FAA also reviewed Sikorsky SSI
No. 76–87, dated July 24, 2015, and SSI
No. 76–87A, Revision A, dated August
21, 2015. These SSIs specify a one-time
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this AD
as proposed; however, since issuance of
the NPRM, Sikorsky issued
Maintenance Manual, SA 4047–76C–2,
Temporary Revision 73–10, dated June
25, 2019 (TR 73–10), to update Sikorsky
Maintenance Manual, SA 4047–76C–2,
Temporary Revision No. 73–08, dated
September 20, 2017 (TR 73–08). The
NPRM proposed to require completing
certain corrective actions with TR 73–
08. This final rule includes the option
to use TR 73–10 for those corrective
actions instead.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Sikorsky S–76
Helicopter Alert Service Bulletin 76–
73–8, Revision A, dated December 4,
2015 (ASB 76–73–8A), which specifies
a one-time inspection of total resistance,
linearity resistant movement, excitation
voltage, and differential voltage of the
CPTs using CPT Text Box P/N 76700–
40009–042. The FAA also reviewed
Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No.
73–07, dated August 17, 2016 (TR 73–
07), which specifies procedures for
removing, installing, and adjusting the
CPTs, and inspections of total
resistance, linearity resistant movement,
excitation voltage, and differential
voltage of the CPTs. TR 73–07 also
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
inspection of total resistance, linearity
resistant movement, excitation voltage,
and differential voltage of the CPTs
using CPT Text Box P/N 76700–40009–
042.
Interim Action
The FAA considers this AD interim
action. The design approval holder is
currently developing a terminating
action that will address the unsafe
condition identified in this AD. Once
this action is developed, approved, and
available, the FAA might consider
additional rulemaking.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Costs of Compliance
Adoption of the Amendment
The FAA estimates that this AD
affects 115 helicopters of U.S. Registry.
The FAA estimates that operators may
incur the following costs in order to
comply with this AD. Labor costs are
estimated at $85 per work-hour.
The inspections take about 3.75 workhours for an estimated cost of $319 per
helicopter and $36,685 for the U.S. fleet
per inspection cycle. Replacing a CPT
takes about 6 work-hours and parts cost
$3,072 for an estimated replacement
cost of $3,582.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
Authority for This Rulemaking
The FAA has determined that this AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
16:14 Oct 03, 2019
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)
2018–10–07, Amendment 39–19282 (83
FR 23355, May 21, 2018), and adding
the following new AD:
2019–19–12 Sikorsky Aircraft Corporation:
Amendment 39–19748; Docket No.
FAA–2019–0389; Product Identifier
2018–SW–035–AD.
(a) Effective Date
This AD is effective November 8, 2019.
(b) Affected ADs
This AD replaces AD 2018–10–07,
Amendment 39–19282 (83 FR 23355, May 21,
2018).
(c) Applicability
This AD applies to Sikorsky Aircraft
Corporation Model S–76C helicopters,
certificated in any category, with a
Turbomeca, S.A., Arriel 2S1 or Arriel 2S2
engine with an engine collective position
transducer (CPT) part number (P/N) 76900–
01821–104 or 76900–01821–105 installed.
(d) Subject
Regulatory Findings
VerDate Sep<11>2014
PART 39—AIRWORTHINESS
DIRECTIVES
■
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.
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(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.
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Joint Aircraft System Component (JASC):
7300, Engine Fuel and Control.
(e) Unsafe Condition
This AD was prompted by reports of wear
of the CPT that has resulted in several One
Engine Inoperative (OEI) incidents. The FAA
is issuing this AD to prevent failure of a CPT.
The unsafe condition, if not addressed, could
result in a reduction in power to one engine
resulting in an annunciated momentary OEI
condition and subsequent emergency
landing.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 130 hours time-in-service (TIS):
(i) Measure resistance of each engine CPT
and replace the CPT if the measured
resistance is not within tolerance by
following the Accomplishment Instructions,
paragraphs 3.C.(1) through 3.C.(8)(b), of
Sikorsky S–76 Helicopter Alert Service
Bulletin ASB 76–73–8, Revision A, dated
December 4, 2015 (ASB 76–73–8A), if using
Test Box P/N 76700–40009–042 or by
following paragraph 3.B.(11) of Sikorsky
Maintenance Manual, SA 4047–76C–2,
Temporary Revision No. 73–08, dated
September 20, 2017 (TR 73–08) or paragraph
3.B.(11) of Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–10,
dated June 25, 2019 (TR 73–10), if using Test
Box P/N 76700–40009–043. You are not
required to use Sikorsky’s CPT data sheet or
submit a data sheet to Sikorsky.
(ii) Measure the linearity resistance
movement of each engine CPT and replace
the CPT if there is a linear abnormality or
change in resistance that is not within
tolerance by following the Accomplishment
Instructions, paragraphs 3.D.(1) through
3.D.(14)(b), of ASB 76–73–8A, if using Test
Box P/N 76700–40009–042 or by following
paragraph 3.B.(12) of TR 73–08 or paragraph
3.B.(12) of TR 73–10, if using Test Box P/N
76700–40009–043. You are not required to
use Sikorsky’s CPT data sheet or submit a
data sheet to Sikorsky.
(iii) Measure the differential voltage of
each engine CPT and replace the CPT if the
measured voltage is not within tolerance by
following the Accomplishment Instructions,
paragraphs 3.E. through 3.G.(1) of ASB 76–
73–8A, if using Test Box P/N 76700–40009–
042 or by following paragraph 3.B.(13) of TR
73–08 or paragraph 3.B.(13) of TR 73–10, if
using Test Box P/N 76700–40009–043. You
are not required to use Sikorsky’s CPT data
sheet or submit a data sheet to Sikorsky.
(2) Thereafter, at intervals not to exceed
300 hours TIS:
(i) If using Test Box P/N 76700–40009–042:
(A) Measure resistance of each engine CPT
and replace the CPT if the resistance is not
within tolerance by following paragraph
4.B.(11) of Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–07,
dated August 17, 2016 (TR 73–07), except
you are not required to use Sikorsky’s CPT
data sheet or return a failed CPT to Sikorsky.
(B) Measure the linearity resistance
movement of each engine CPT and replace
the CPT if the movement exceeds tolerance
by following paragraphs 4.B.(12)(a) through
4.B.(13)(f) of TR 73–07, except you are not
required to use Sikorsky’s CPT data sheet or
return a failed CPT to Sikorsky.
(C) Measure the differential voltage of each
CPT by following paragraphs 4.B.(14)
through 4.B.(15)(h) of TR 73–07, except you
are not required to use Sikorsky’s CPT data
sheet. If the maximum voltage is greater than
100 millivolts or the minimum voltage is less
than ¥100 millivolts, replace the CPT.
(ii) For helicopters using Test Box P/N
76700–40009–043:
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(A) Measure resistance of each engine CPT
and replace the CPT if the resistance is not
within tolerance by following paragraph
5.B.(11) of TR 73–07, paragraph 3.B.(11) of
TR 73–08, or paragraph 3.B.(11) of TR 73–10,
except you are not required to use Sikorsky’s
CPT data sheet or return a failed CPT to
Sikorsky.
(B) Measure the resistance linearity of each
engine CPT and replace the CPT if the
resistance is not within tolerance by
following paragraph 5.B.(12) of TR 73–07,
paragraph 3.B.(12) of TR 73–08, or paragraph
3.B.(12) of TR 73–10, except you are not
required to use Sikorsky’s CPT data sheet or
return a failed CPT to Sikorsky.
(C) Measure the differential voltage of each
engine CPT and replace the CPT if the
resistance is not within tolerance by
following paragraphs 5.B.(13)(a) through
5.B.(13)(k) of TR 73–07, paragraph 3.B.(13) of
TR 73–08, or paragraph 3.B.(13) of TR 73–10,
except you are not required to use Sikorsky’s
CPT data sheet or return a failed CPT to
Sikorsky.
(h) Credit for Previous Actions
Actions accomplished before the effective
date of this AD in accordance with the
procedures specified in Sikorsky S–76
Helicopter Alert Service Bulletin ASB 76–
73–8, Basic Issue, dated August 21, 2015;
Sikorsky Special Service Instruction SSI No.
76–87, dated July 24, 2015; or Sikorsky
Special Service Instruction SSI No. 76–87,
Revision A, dated August 21, 2015, are
considered acceptable for compliance with
the corresponding actions specified in
paragraph (g)(1) of this AD.
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(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Boston ACO 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 manager of the
certification office, send it to the attention of
the person identified in paragraph (j) of this
AD.
(2) 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.
(j) Related Information
(1) For more information about this AD,
contact Nick Rediess, Aviation Safety
Engineer, Boston ACO Branch, Compliance &
Airworthiness Division, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7159; email: nicholas.rediess@faa.gov.
(2) For service information identified in
this AD, contact your local Sikorsky Field
Representative or Sikorsky’s Service
Engineering Group at Sikorsky Aircraft
Corporation, 124 Quarry Road, Trumbull, CT
06611; telephone 1–800–Winged–S or 203–
416–4299; email wcs_cust_service_eng.grsik@lmco.com. Operators may also log on to
the Sikorsky 360 website at https://
www.sikorsky360.com. You may view this
referenced service information at the FAA,
VerDate Sep<11>2014
16:14 Oct 03, 2019
Jkt 250001
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N–
321, Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on November 8, 2019.
(i) Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–10,
dated June 25, 2019.
(ii) [Reserved]
(4) The following service information was
approved for IBR on June 25, 2018 (83 FR
23355, May 21, 2018).
(i) Sikorsky S–76 Helicopter Alert Service
Bulletin ASB 76–73–8, Revision A, dated
December 4, 2015.
(ii) Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–07,
dated August 17, 2016.
(iii) Sikorsky Maintenance Manual, SA
4047–76C–2, Temporary Revision No. 73–08,
dated September 20, 2017.
(5) For Sikorsky service information
identified in this AD, contact your local
Sikorsky Field Representative or Sikorsky’s
Service Engineering Group at Sikorsky
Aircraft Corporation, 124 Quarry Road,
Trumbull, CT 06611; telephone 1–800–
Winged–S or 203–416–4299; email wcs_cust_
service_eng.gr-sik@lmco.com. Operators may
also log on to the Sikorsky 360 website at
https://www.sikorsky360.com. Sikorsky
Aircraft Corporation, Customer Service
Engineering, 124 Quarry Road, Trumbull, CT
06611; telephone 1–800–Winged–S or 203–
416–4299; email wcs_cust_service_eng.grsik@lmco.com.
(6) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on September
20, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2019–21564 Filed 10–3–19; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00019
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53011
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 230
[Release No. 33–10699, File No. S7–01–19]
RIN 3235–AM23
Solicitations of Interest Prior to a
Registered Public Offering
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
We are adopting a new
communications rule under the
Securities Act of 1933 that permits
issuers to engage in oral or written
communications with certain potential
investors, either prior to or following
the filing of a registration statement, to
determine whether such investors might
have an interest in a contemplated
registered securities offering.
DATES: Effective December 3, 2019.
FOR FURTHER INFORMATION CONTACT:
Maryse Mills-Apenteng, Special
Counsel, at (202) 551–3430, Office of
Rulemaking, Division of Corporation
Finance; Angela Mokodean, Senior
Counsel, or Amanda Hollander Wagner,
Branch Chief, at (202) 551–6921,
Investment Company Regulation Office,
Division of Investment Management;
U.S. Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
SUPPLEMENTARY INFORMATION: The
Commission is adopting 17 CFR
230.163B (new ‘‘Rule 163B’’) under the
Securities Act of 1933 [15 U.S.C. 77a et
seq.] (‘‘Securities Act’’) and
amendments to 17 CFR 230.405 (‘‘Rule
405’’) under the Securities Act.
SUMMARY:
Table of Contents
I. Introduction
II. Discussion of the Amendments
A. Exemption Allowing Test-the-Waters
Communications
1. Proposed Amendments
2. Comments on the Proposed
Amendments Generally
3. Final Amendments
B. Scope of Eligible Issuers
C. Investor Status
1. Limiting Communications to QIBs and
IAIs
2. Reasonable Belief Standard
D. Non-Exclusivity
E. Considerations for Use by Investment
Companies
1. Use of Rule 163B in the Fund Context
2. Rule 163B Filing, Legending, and
Content Requirements in the Fund
Context
III. Other Matters
IV. Economic Analysis
A. Introduction and Broad Economic
Considerations
E:\FR\FM\04OCR1.SGM
04OCR1
Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53008-53011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0389; Product Identifier 2018-SW-035-AD; Amendment
39-19748; AD 2019-19-12]
RIN 2120-AA64
Airworthiness Directives; Sikorsky Aircraft Corporation
Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-10-07
for Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters.
AD 2018-10-07 required inspecting the engine collective position
transducer (CPT). This new AD retains the requirements of AD 2018-10-07
and expands the applicability. This AD is prompted by the determination
that an additional part-numbered engine CPT is affected by the same
unsafe condition.
[[Page 53009]]
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective November 8, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 8,
2019.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of June
25, 2018 (83 FR 23355, May 21, 2018).
ADDRESSES: For service information identified in this final rule,
contact your local Sikorsky Field Representative or Sikorsky's Service
Engineering Group at Sikorsky Aircraft Corporation, 124 Quarry Road,
Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email
[email protected]. Operators may also log on to the
Sikorsky 360 website at https://www.sikorsky360.com. You may review a
copy of the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321,
Fort Worth, TX 76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0389.
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-
0389; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is Document
Operations, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Nick Rediess, Aviation Safety
Engineer, Boston ACO Branch, Compliance & Airworthiness Division, 1200
District Avenue, Burlington, MA 01803; telephone (781) 238-7159; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-10-07, Amendment 39-19282 (83 FR
23355, May 21, 2018) (``AD 2018-10-07''). AD 2018-10-07 applied to
Sikorsky Model S-76C helicopters with a Turbomeca, S.A., Arriel 2S1 or
Arriel 2S2 engine with an engine CPT part number (P/N) 76900-01821-104
installed. The NPRM published in the Federal Register on May 23, 2019
(84 FR 23740). The NPRM was prompted by the determination that an
additional part-numbered CPT is affected by the same unsafe condition
identified in AD 2018-10-07. The NPRM proposed to retain all of the
requirements of AD 2018-10-07, which required initial and recurring
inspections of each CPT by measuring resistance, linearity resistance
movement, and differential voltage, and depending on the outcome of the
inspections, replacing the CPT. The NPRM also proposed to add engine
CPT P/N 76900-01821-105 to the applicability. The FAA is issuing this
AD to address the unsafe condition on these products.
Comments
The FAA gave the public the opportunity to participate in
developing this AD. The FAA received no comments on the NPRM or on the
determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this AD as proposed; however,
since issuance of the NPRM, Sikorsky issued Maintenance Manual, SA
4047-76C-2, Temporary Revision 73-10, dated June 25, 2019 (TR 73-10),
to update Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary
Revision No. 73-08, dated September 20, 2017 (TR 73-08). The NPRM
proposed to require completing certain corrective actions with TR 73-
08. This final rule includes the option to use TR 73-10 for those
corrective actions instead.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Sikorsky S-76 Helicopter Alert Service Bulletin
76-73-8, Revision A, dated December 4, 2015 (ASB 76-73-8A), which
specifies a one-time inspection of total resistance, linearity
resistant movement, excitation voltage, and differential voltage of the
CPTs using CPT Text Box P/N 76700-40009-042. The FAA also reviewed
Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary Revision No. 73-
07, dated August 17, 2016 (TR 73-07), which specifies procedures for
removing, installing, and adjusting the CPTs, and inspections of total
resistance, linearity resistant movement, excitation voltage, and
differential voltage of the CPTs. TR 73-07 also divides the procedures
by CPT Test Box P/N by providing separate procedures for test boxes
modified by Sikorsky Special Service Instructions (SSI) No. 76-96,
dated August 19, 2016, which is not incorporated by reference in this
AD.
Additionally, the FAA reviewed TR 73-08, which updates procedures
in TR 73-07. TR 73-08 does not divide the procedures by CPT Test Box P/
N as it eliminates the procedures for CPT Text Box P/N 76700-40009-042.
TR 73-08 omits obsolete figures and it provides inspection results as
pass or fail.
Finally, the FAA reviewed TR 73-10, which updates procedural steps
and graphics in TR 73-08.
This service information 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.
Other Related Service Information
The FAA reviewed Sikorsky S-76 Helicopter ASB 76-73-8, Basic Issue,
dated August 21, 2015 (ASB 76-73-8). ASB 76-73-8 contains the same
procedures as ASB 76-73-8A; however, ASB 76-73-8A updates Sikorsky's
contact information for submitting a purchase order.
The FAA also reviewed Sikorsky SA 4047-76C-2-1, Temporary Revision
No. 5-181, dated August 21, 2015 (TR 5-181); Task 5-20-00 of Sikorsky
Airworthiness Limitations and Inspection Requirements, Publication No.
SA 4047-76C-2-1, Revision 24, dated December 15, 2015 (Task 5-20-00);
and Section 73-22-04 of Chapter 73 Engine Fuel and Control, of Sikorsky
Maintenance Manual, SA 4047-76C-2, Revision 31, dated December 15, 2015
(Section 73-22-04). TR 5-181 specifies adding CPT inspections
referenced in Section 73-22-04 to the 300-hour inspection checklist
contained in Task 5-20-00.
The FAA also reviewed Sikorsky Safety Advisory No. SSA-S76-11-0002,
dated May 17, 2011. This service information provides precautionary
instructions to minimize hazardous situations that might result from an
unreliable CPT.
The FAA also reviewed Sikorsky SSI No. 76-96, dated August 19,
2016, which specifies procedures to modify CPT Test Box P/N 76700-
40009-042 and re-identify it as P/N 76700-40009-043. This one-time
modification reduces the instructions to inspect the CPT and improves
the inspection accuracy.
The FAA also reviewed Sikorsky SSI No. 76-87, dated July 24, 2015,
and SSI No. 76-87A, Revision A, dated August 21, 2015. These SSIs
specify a one-time
[[Page 53010]]
inspection of total resistance, linearity resistant movement,
excitation voltage, and differential voltage of the CPTs using CPT Text
Box P/N 76700-40009-042.
Interim Action
The FAA considers this AD interim action. The design approval
holder is currently developing a terminating action that will address
the unsafe condition identified in this AD. Once this action is
developed, approved, and available, the FAA might consider additional
rulemaking.
Costs of Compliance
The FAA estimates that this AD affects 115 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
The inspections take about 3.75 work-hours for an estimated cost of
$319 per helicopter and $36,685 for the U.S. fleet per inspection
cycle. Replacing a CPT takes about 6 work-hours and parts cost $3,072
for an estimated replacement cost of $3,582.
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.
Regulatory Findings
The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2018-10-07, Amendment 39-19282 (83 FR 23355, May 21, 2018), and adding
the following new AD:
2019-19-12 Sikorsky Aircraft Corporation: Amendment 39-19748; Docket
No. FAA-2019-0389; Product Identifier 2018-SW-035-AD.
(a) Effective Date
This AD is effective November 8, 2019.
(b) Affected ADs
This AD replaces AD 2018-10-07, Amendment 39-19282 (83 FR 23355,
May 21, 2018).
(c) Applicability
This AD applies to Sikorsky Aircraft Corporation Model S-76C
helicopters, certificated in any category, with a Turbomeca, S.A.,
Arriel 2S1 or Arriel 2S2 engine with an engine collective position
transducer (CPT) part number (P/N) 76900-01821-104 or 76900-01821-
105 installed.
(d) Subject
Joint Aircraft System Component (JASC): 7300, Engine Fuel and
Control.
(e) Unsafe Condition
This AD was prompted by reports of wear of the CPT that has
resulted in several One Engine Inoperative (OEI) incidents. The FAA
is issuing this AD to prevent failure of a CPT. The unsafe
condition, if not addressed, could result in a reduction in power to
one engine resulting in an annunciated momentary OEI condition and
subsequent emergency landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 130 hours time-in-service (TIS):
(i) Measure resistance of each engine CPT and replace the CPT if
the measured resistance is not within tolerance by following the
Accomplishment Instructions, paragraphs 3.C.(1) through 3.C.(8)(b),
of Sikorsky S-76 Helicopter Alert Service Bulletin ASB 76-73-8,
Revision A, dated December 4, 2015 (ASB 76-73-8A), if using Test Box
P/N 76700-40009-042 or by following paragraph 3.B.(11) of Sikorsky
Maintenance Manual, SA 4047-76C-2, Temporary Revision No. 73-08,
dated September 20, 2017 (TR 73-08) or paragraph 3.B.(11) of
Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary Revision No.
73-10, dated June 25, 2019 (TR 73-10), if using Test Box P/N 76700-
40009-043. You are not required to use Sikorsky's CPT data sheet or
submit a data sheet to Sikorsky.
(ii) Measure the linearity resistance movement of each engine
CPT and replace the CPT if there is a linear abnormality or change
in resistance that is not within tolerance by following the
Accomplishment Instructions, paragraphs 3.D.(1) through 3.D.(14)(b),
of ASB 76-73-8A, if using Test Box P/N 76700-40009-042 or by
following paragraph 3.B.(12) of TR 73-08 or paragraph 3.B.(12) of TR
73-10, if using Test Box P/N 76700-40009-043. You are not required
to use Sikorsky's CPT data sheet or submit a data sheet to Sikorsky.
(iii) Measure the differential voltage of each engine CPT and
replace the CPT if the measured voltage is not within tolerance by
following the Accomplishment Instructions, paragraphs 3.E. through
3.G.(1) of ASB 76-73-8A, if using Test Box P/N 76700-40009-042 or by
following paragraph 3.B.(13) of TR 73-08 or paragraph 3.B.(13) of TR
73-10, if using Test Box P/N 76700-40009-043. You are not required
to use Sikorsky's CPT data sheet or submit a data sheet to Sikorsky.
(2) Thereafter, at intervals not to exceed 300 hours TIS:
(i) If using Test Box P/N 76700-40009-042:
(A) Measure resistance of each engine CPT and replace the CPT if
the resistance is not within tolerance by following paragraph
4.B.(11) of Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary
Revision No. 73-07, dated August 17, 2016 (TR 73-07), except you are
not required to use Sikorsky's CPT data sheet or return a failed CPT
to Sikorsky.
(B) Measure the linearity resistance movement of each engine CPT
and replace the CPT if the movement exceeds tolerance by following
paragraphs 4.B.(12)(a) through 4.B.(13)(f) of TR 73-07, except you
are not required to use Sikorsky's CPT data sheet or return a failed
CPT to Sikorsky.
(C) Measure the differential voltage of each CPT by following
paragraphs 4.B.(14) through 4.B.(15)(h) of TR 73-07, except you are
not required to use Sikorsky's CPT data sheet. If the maximum
voltage is greater than 100 millivolts or the minimum voltage is
less than -100 millivolts, replace the CPT.
(ii) For helicopters using Test Box P/N 76700-40009-043:
[[Page 53011]]
(A) Measure resistance of each engine CPT and replace the CPT if
the resistance is not within tolerance by following paragraph
5.B.(11) of TR 73-07, paragraph 3.B.(11) of TR 73-08, or paragraph
3.B.(11) of TR 73-10, except you are not required to use Sikorsky's
CPT data sheet or return a failed CPT to Sikorsky.
(B) Measure the resistance linearity of each engine CPT and
replace the CPT if the resistance is not within tolerance by
following paragraph 5.B.(12) of TR 73-07, paragraph 3.B.(12) of TR
73-08, or paragraph 3.B.(12) of TR 73-10, except you are not
required to use Sikorsky's CPT data sheet or return a failed CPT to
Sikorsky.
(C) Measure the differential voltage of each engine CPT and
replace the CPT if the resistance is not within tolerance by
following paragraphs 5.B.(13)(a) through 5.B.(13)(k) of TR 73-07,
paragraph 3.B.(13) of TR 73-08, or paragraph 3.B.(13) of TR 73-10,
except you are not required to use Sikorsky's CPT data sheet or
return a failed CPT to Sikorsky.
(h) Credit for Previous Actions
Actions accomplished before the effective date of this AD in
accordance with the procedures specified in Sikorsky S-76 Helicopter
Alert Service Bulletin ASB 76-73-8, Basic Issue, dated August 21,
2015; Sikorsky Special Service Instruction SSI No. 76-87, dated July
24, 2015; or Sikorsky Special Service Instruction SSI No. 76-87,
Revision A, dated August 21, 2015, are considered acceptable for
compliance with the corresponding actions specified in paragraph
(g)(1) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Boston ACO 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
manager of the certification office, send it to the attention of the
person identified in paragraph (j) of this AD.
(2) 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.
(j) Related Information
(1) For more information about this AD, contact Nick Rediess,
Aviation Safety Engineer, Boston ACO Branch, Compliance &
Airworthiness Division, FAA, 1200 District Avenue, Burlington, MA
01803; phone: (781) 238-7159; email: [email protected].
(2) For service information identified in this AD, contact your
local Sikorsky Field Representative or Sikorsky's Service
Engineering Group at Sikorsky Aircraft Corporation, 124 Quarry Road,
Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email
[email protected]. Operators may also log on to
the Sikorsky 360 website at https://www.sikorsky360.com. You may
view this referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(3) The following service information was approved for IBR on
November 8, 2019.
(i) Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary
Revision No. 73-10, dated June 25, 2019.
(ii) [Reserved]
(4) The following service information was approved for IBR on
June 25, 2018 (83 FR 23355, May 21, 2018).
(i) Sikorsky S-76 Helicopter Alert Service Bulletin ASB 76-73-8,
Revision A, dated December 4, 2015.
(ii) Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary
Revision No. 73-07, dated August 17, 2016.
(iii) Sikorsky Maintenance Manual, SA 4047-76C-2, Temporary
Revision No. 73-08, dated September 20, 2017.
(5) For Sikorsky service information identified in this AD,
contact your local Sikorsky Field Representative or Sikorsky's
Service Engineering Group at Sikorsky Aircraft Corporation, 124
Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-
416-4299; email [email protected]. Operators may
also log on to the Sikorsky 360 website at https://www.sikorsky360.com. Sikorsky Aircraft Corporation, Customer Service
Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-
Winged-S or 203-416-4299; email [email protected].
(6) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on September 20, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-21564 Filed 10-3-19; 8:45 am]
BILLING CODE 4910-13-P