Airworthiness Directives; Airbus SAS Airplanes, 56378-56381 [2019-22957]
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56378
Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations
(d) Subject
Air Transport Association (ATA) of
America Code 71, Powerplant.
(e) Reason
This AD was prompted by a determination
that cracks can develop on the ripple damper
weld of the hydraulic pressure tube assembly
and reports of failure of the ripple damper of
the hydraulic pressure tube assembly. The
FAA is issuing this AD to address cracking
of the ripple damper weld of the hydraulic
pressure tube assembly, which could lead to
hydraulic fluid leakage and consequent loss
of the green hydraulic system. This
condition, if combined with other system
failures, could result in reduced control of
the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0031, dated
February 13, 2019 (‘‘EASA AD 2019–0031’’).
(h) Exceptions to EASA AD 2019–0031
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0031 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0031 does not apply to this AD.
(i) Terminating Action for AD 2017–07–03
Accomplishing the actions required by this
AD terminates all requirements of AD 2017–
07–03 for that airplane only.
(j) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0031 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(k) 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 (l) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
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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
2019–0031 that contains RC procedures and
tests: Except as required by paragraph (k)(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.
(l) Related Information
For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3229.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0031, dated February 13,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0031, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this 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. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0580.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
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Issued in Des Moines, Washington, on
October 11, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–22956 Filed 10–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0492; Product
Identifier 2019–NM–045–AD; Amendment
39–19766; AD 2019–20–13]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus SAS Model A330–200, A330–
200 Freighter, and A330–300 series
airplanes. This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective November
26, 2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 26, 2019.
ADDRESSES: For service information
identified in this final rule, contact
Airbus SAS, Airworthiness Office—
EAL, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email airworthiness.A330–
A340@airbus.com; internet https://
www.airbus.com. 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.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0492.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0492; 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 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:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3229.
SUPPLEMENTARY INFORMATION:
Discussion
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0047, dated March 11, 2019
(‘‘EASA AD 2019–0047’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A330–
200, A330–200 Freighter, and A330–300
series airplanes. You may examine the
MCAI in the AD docket on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0492.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A330–200, A330–200 Freighter, and
A330–300 series airplanes. The NPRM
published in the Federal Register on
July 3, 2019 (84 FR 31769). The NPRM
was prompted by a determination that
new or more restrictive airworthiness
limitations are necessary. The NPRM
proposed to require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
The FAA is issuing this AD to address
the failure of system components, which
could reduce the controllability of the
airplane. See the MCAI for additional
background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The following presents
the comment received on the NPRM and
the FAA’s response to each comment.
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Supportive Comment
Costs of Compliance
American Airlines (AAL) stated its
support for the NPRM.
The FAA estimates that this AD
affects 107 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the FAA
recognizes that this number may vary
from operator to operator. In the past,
the FAA has estimated that this action
takes 1 work-hour per airplane. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the FAA estimates
the total cost per operator to be $7,650
(90 work-hours × $85 per work-hour).
Request To Remove Certain Service
Information
AAL requested that the FAA revise
paragraphs (g), and (i)(2) and (3) of the
proposed AD to remove Airbus A330
Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR),
Variation 7.1, dated November 5, 2018.
The proposed AD would have included
Variation 7.1 as part of the required
service information, Airbus A330
Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR),
Revision 07, dated October 15, 2018.
Variation 7.1, however, applies only to
Airbus SAS Model A330–941 airplanes,
which are not included in the
applicability of the proposed AD.
The FAA agrees with the commenter
for the reason provided above. Airbus
A330 Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR),
Variation 7.1, dated November 5, 2018,
has been removed from this AD.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
The FAA has determined that these
minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
The FAA also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this final rule.
Related Service Information Under 1
CFR Part 51
Airbus has issued A330
Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR),
Revision 07, dated October 15, 2018.
This service information describes
airworthiness limitations for system
equipment maintenance requirements.
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.
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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 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
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
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Rules and Regulations
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–20–13 Airbus SAS: Amendment 39–
19766; Docket No. FAA–2019–0492;
Product Identifier 2019–NM–045–AD.
(a) Effective Date
This AD is effective November 26, 2019.
(b) Affected ADs
This AD affects the following ADs.
(1) AD 2019–01–05, Amendment 39–19544
(84 FR 4310, February 15, 2019) (‘‘AD 2019–
01–05’’).
(2) AD 2017–25–13, Amendment 39–19127
(82 FR 59960, December 18, 2017) (‘‘AD
2017–25–13’’).
(3) AD 2014–16–22, Amendment 39–17946
(79 FR 49442, August 21, 2014) (‘‘AD 2014–
16–22’’).
(c) Applicability
This AD applies to the Airbus SAS
airplanes specified in paragraphs (c)(1)
through (3) of this AD, certificated in any
category, with an original airworthiness
certificate or original export certificate of
airworthiness issued on or before October 15,
2018.
(1) Model A330–201, –202, –203, –223, and
–243 airplanes.
(2) Model A330–223F and –243F airplanes.
(3) Model A330–301, –302, –303, –321,
–322, –323, –341, –342, and –343 airplanes.
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(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by the need for
new or more restrictive airworthiness
limitations that refer to preventive
maintenance tasks including replacement of
life-limited parts. Failure to accomplish the
tasks could result in an unsafe condition
such as reduced airplane controllability due
to the failure of system components.
(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 A330 Airworthiness Limitations
Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018. The component
life limits and the initial compliance time for
doing the tasks are at the times specified in
Airbus A330 Airworthiness Limitations
Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 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.
(i) Terminating Actions
(1) Accomplishing the actions required by
this AD terminates all requirements of AD
2019–01–05.
(2) Accomplishing the action required by
task number 274400–00004–1–E of Airbus
A330 Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the
compliance time specified for that task in
Airbus A330 Airworthiness Limitations
Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all
requirements of AD 2017–25–13 for Airbus
SAS Model A330–200, –200 Freighter, and
–300 series airplanes only.
(3) Accomplishing the action required by
task number 213100–00001–1–E of Airbus
A330 Airworthiness Limitations Section
(ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the
compliance time specified for that task in
Airbus A330 Airworthiness Limitations
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Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all
requirements of AD 2014–16–22 for Airbus
SAS Model A330–200, –200 Freighter, and
–300 series airplanes only.
(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 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 Union Aviation Safety Agency
(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): 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
2019–0047, dated March 11, 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–2019–0492.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3229.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
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paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus A330 Airworthiness Limitations
Section (ALS) Part 4, System Equipment
Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email airworthiness.A330–A340@
airbus.com; internet https://www.airbus.com.
(4) 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.
(5) 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 Des Moines, Washington, on
October 11, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–22957 Filed 10–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0850]
RIN 1625–AA00
Safety Zone; Delaware River and
Schuylkill River, Philadelphia, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 200-yard
radius of the derrick boat ELIZABETH
for the duration of object removal
operations within the Delaware and
Schuylkill Rivers. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by submerged
object removal operations. Entry of
vessels or persons into the zone is
prohibited unless authorized by the
Captain of the Port Delaware Bay, or
certain criteria are met.
DATES: This rule is effective without
actual notice from October 22, 2019
SUMMARY:
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through November 10, 2019. For the
purpose of enforcement, actual notice
will be used from October 17, 2019
through October 22, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0850 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Edmund Ofalt, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division;
telephone (215) 271–4814, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. There is insufficient time to
allow for a reasonable comment period
prior to the start date for submerged
object removal operations. The rule
must be in force by October 17, 2019, to
serve its purpose of ensuring the safety
of working crews and the general public
from hazards associated with submerged
object removal operations, to include
possible diving operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is necessary to
mitigate the potential safety hazards
associated with submerged object
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56381
removal operations on the Delaware
River and Schuylkill River.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that there are potential
hazards associated with the submerged
object removal operations. This rule is
needed to ensure the safety of
personnel, vessels, and the marine
environment within a 200-yard radius of
submerged object removal operations.
IV. Discussion of the Rule
This rule establishes a safety zone
from October 17, 2019, through
November 10, 2019. The safety zone
includes all navigable waters within 200
yards of the derrick boat ELIZABETH
while conducting submerged object
removal operations on the Delaware
River from Philadelphia, PA, to Trenton,
NJ, and on the Schuylkill River in
Philadelphia, PA. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated representative
unless certain criteria are met.
A vessel may transit the safety zone
without obtaining permission from the
COTP if the derrick boat ELIZABETH is
contacted, via VHF–FM channel 13 or
16, at least one hour prior to arrival to
arrange safe passage. A vessel transiting
the safety zone must do so in a manner
that maintains the greatest safe distance
possible from the derrick boat
ELIZABETH. Any vessel that transits in
or near the safety zone must do so at the
minimum safe speed required to
maintain steering and reduce wake.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Pages 56378-56381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22957]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0492; Product Identifier 2019-NM-045-AD; Amendment
39-19766; AD 2019-20-13]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300
series airplanes. This AD was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. This AD
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective November 26, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 26,
2019.
ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email [email protected];
internet https://www.airbus.com. 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0492.
Examining the AD Docket
You may examine the AD docket on the internet at https://
[[Page 56379]]
www.regulations.gov by searching for and locating Docket No. FAA-2019-
0492; 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 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: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3229.
SUPPLEMENTARY INFORMATION:
Discussion
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0047, dated March 11, 2019 (``EASA AD 2019-0047'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus SAS
Model A330-200, A330-200 Freighter, and A330-300 series airplanes. You
may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0492.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A330-200, A330-200 Freighter, and A330-300 series airplanes. The
NPRM published in the Federal Register on July 3, 2019 (84 FR 31769).
The NPRM was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The NPRM proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the failure of system components,
which could reduce the controllability of the airplane. See the MCAI
for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.
Supportive Comment
American Airlines (AAL) stated its support for the NPRM.
Request To Remove Certain Service Information
AAL requested that the FAA revise paragraphs (g), and (i)(2) and
(3) of the proposed AD to remove Airbus A330 Airworthiness Limitations
Section (ALS) Part 4, System Equipment Maintenance Requirements (SEMR),
Variation 7.1, dated November 5, 2018. The proposed AD would have
included Variation 7.1 as part of the required service information,
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Revision 07, dated October
15, 2018. Variation 7.1, however, applies only to Airbus SAS Model
A330-941 airplanes, which are not included in the applicability of the
proposed AD.
The FAA agrees with the commenter for the reason provided above.
Airbus A330 Airworthiness Limitations Section (ALS) Part 4, System
Equipment Maintenance Requirements (SEMR), Variation 7.1, dated
November 5, 2018, has been removed from this AD.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Airbus has issued A330 Airworthiness Limitations Section (ALS) Part
4, System Equipment Maintenance Requirements (SEMR), Revision 07, dated
October 15, 2018. This service information describes airworthiness
limitations for system equipment maintenance requirements. 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.
Costs of Compliance
The FAA estimates that this AD affects 107 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA recognizes that this number may vary from operator to
operator. In the past, the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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 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
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
[[Page 56380]]
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 adding the following new airworthiness
directive (AD):
2019-20-13 Airbus SAS: Amendment 39-19766; Docket No. FAA-2019-0492;
Product Identifier 2019-NM-045-AD.
(a) Effective Date
This AD is effective November 26, 2019.
(b) Affected ADs
This AD affects the following ADs.
(1) AD 2019-01-05, Amendment 39-19544 (84 FR 4310, February 15,
2019) (``AD 2019-01-05'').
(2) AD 2017-25-13, Amendment 39-19127 (82 FR 59960, December 18,
2017) (``AD 2017-25-13'').
(3) AD 2014-16-22, Amendment 39-17946 (79 FR 49442, August 21,
2014) (``AD 2014-16-22'').
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, with an original airworthiness certificate or original
export certificate of airworthiness issued on or before October 15,
2018.
(1) Model A330-201, -202, -203, -223, and -243 airplanes.
(2) Model A330-223F and -243F airplanes.
(3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by the need for new or more restrictive
airworthiness limitations that refer to preventive maintenance tasks
including replacement of life-limited parts. Failure to accomplish
the tasks could result in an unsafe condition such as reduced
airplane controllability due to the failure of system components.
(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 A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 07, dated October 15, 2018. The
component life limits and the initial compliance time for doing the
tasks are at the times specified in Airbus A330 Airworthiness
Limitations Section (ALS) Part 4, System Equipment Maintenance
Requirements (SEMR), Revision 07, dated October 15, 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.
(i) Terminating Actions
(1) Accomplishing the actions required by this AD terminates all
requirements of AD 2019-01-05.
(2) Accomplishing the action required by task number 274400-
00004-1-E of Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the compliance time specified for
that task in Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all requirements of AD 2017-
25-13 for Airbus SAS Model A330-200, -200 Freighter, and -300 series
airplanes only.
(3) Accomplishing the action required by task number 213100-
00001-1-E of Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, within the compliance time specified for
that task in Airbus A330 Airworthiness Limitations Section (ALS)
Part 4, System Equipment Maintenance Requirements (SEMR), Revision
07, dated October 15, 2018, terminates all requirements of AD 2014-
16-22 for Airbus SAS Model A330-200, -200 Freighter, and -300 series
airplanes only.
(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 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 Union
Aviation Safety Agency (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): 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 2019-0047, dated March 11, 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-2019-0492.
(2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3229.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this
[[Page 56381]]
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus A330 Airworthiness Limitations Section (ALS) Part 4,
System Equipment Maintenance Requirements (SEMR), Revision 07, dated
October 15, 2018.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet https://www.airbus.com.
(4) 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.
(5) 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 Des Moines, Washington, on October 11, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22957 Filed 10-21-19; 8:45 am]
BILLING CODE 4910-13-P
