Airworthiness Directives; Airbus SAS Airplanes, 57663-57666 [2019-23394]
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
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(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 90 days after the effective date of this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0173 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory
as required by this AD; the nature and extent
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of confidentiality to be provided, if any. Send
comments regarding this burden estimate or
any other aspect of this collection of
information, including suggestions for
reducing this burden to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(j) Related Information
(1) For information about EASA AD 2019–
0173, contact the EASA, at KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this EASA
AD at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2019–0173 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0717.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
Issued in Des Moines, Washington, on
October 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–23429 Filed 10–25–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0722; Product
Identifier 2019–NM–141–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A300 series
airplanes. This proposed AD was
prompted by a report that bleed and air
conditioning systems were
contaminated by hydraulic fluid, and an
investigation revealed that hydraulic
fluid contaminations caused the failure
of check valves installed on the
hydraulic reservoir air pressurization
system. This proposed AD would
require repetitive functional tests of the
SUMMARY:
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57663
hydraulic reservoir air pressurization
lines and repair or replacement, if
necessary, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated by
reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by December 12,
2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0722.
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–
0722; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3225.
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
which, if not detected and corrected,
could lead to leakage of pressurization
check valves, and, in case of
pressurization line rupture, to loss of a
hydraulic system, possibly resulting in
reduced control of the airplane. See the
MCAI for additional background
information.
EASA also issued AD 2019–0188,
dated July 31, 2019, to address the
identified unsafe condition for Airbus
SAS Model A300–600 series airplane.
The FAA is considering further
rulemaking to correspond with EASA
2019–0188, dated July 31, 2019.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0722; Product
Identifier 2019–NM–141–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0190, dated July 31, 2019 (‘‘EASA
AD 2019–0190’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus SAS
Model A300 series airplanes.
This proposed AD was prompted by
a report that bleed and air conditioning
systems on an Airbus SAS Model A300–
600 series airplane were contaminated
by hydraulic fluid, and an investigation
revealed that hydraulic fluid
contaminations caused the failure of
check valves installed on the hydraulic
reservoir air pressurization system. The
bleed and air conditioning systems on
Model A300 series airplanes are similar
in design to the model on which the
event occurred. Therefore, Model A300
series airplanes are subject to the same
unsafe condition. The FAA is proposing
this AD to address this condition,
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0190 describes
procedures for repetitive functional tests
of the hydraulic reservoir air
pressurization lines and repair or
replacement, if necessary.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the agency evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0190 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD. This
proposed AD also would require
sending the inspection results to Airbus.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2019–0190 will be incorporated by
reference in the FAA final rule. This
proposed AD would therefore require
compliance with EASA AD 2019–0190
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2019–0190 that is required for
compliance with EASA AD 2019–0190
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0722 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0
$170
$170
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the proposed reporting
requirement in this proposed AD. The
average labor rate is $85 per hour. Based
on these figures, the FAA estimates the
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cost of reporting the inspection results
on U.S. operators to be $85.
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
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FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
57665
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
3 work-hours × $85 per hour = $255 ......................................................................................................................
$10,000
$10,255
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this NPRM is 2120–0056.
The paperwork cost associated with this
NPRM has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this NPRM is mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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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 proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
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and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2019–0722;
Product Identifier 2019–NM–141–AD.
(a) Comments Due Date
The FAA must receive comments by
December 12, 2019.
(b) Affected ADs
None.
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Fmt 4702
Sfmt 4702
(c) Applicability
This AD applies to Airbus SAS Model
A300 B2–1A, B2–1C, B2K–3C, B2–203, B4–
2C, B4–103, and B4–203 airplanes,
certificated in any category, all manufacturer
serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 29, Hydraulic power.
(e) Reason
This AD was prompted by a report that
bleed and air conditioning systems were
contaminated by hydraulic fluid, and an
investigation revealed that hydraulic fluid
contaminations caused the failure of check
valves installed on the hydraulic reservoir air
pressurization system. The FAA is issuing
this AD to address this condition, which, if
not detected and corrected, could lead to
leakage of the pressurization check valves,
and, in case of pressurization line rupture, to
loss of a hydraulic system, possibly resulting
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 2019–0190, dated
July 31, 2019 (‘‘EASA AD 2019–0190’’).
(h) Exceptions to EASA AD 2019–0190
For purposes of determining compliance
with the requirements of this AD:
(1) Where EASA AD 2019–0190 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0190 does not apply to this AD.
(3) Paragraph (4) of EASA AD 2019–0190
specifies to report accomplishment of each
test and any repair or replacement to Airbus
within a certain compliance time. For this
AD, report that action at the applicable time
specified in paragraph (h)(3)(i) or (ii) of this
AD.
(i) If the action was done on or after the
effective date of this AD: Submit the report
within 30 days after the inspection.
(ii) If the action was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0190 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Send comments regarding this burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing this burden to: Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(j) Related Information
(1) For information about EASA AD 2019–
0190, 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
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EASA AD on the EASA website at https://
ad.easa.europa.eu. 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–2019–0722.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3225.
Issued in Des Moines, Washington, on
October 18, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–23394 Filed 10–25–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0820]
RIN 1625–AA00
Safety Zone; Ohio River, Owensboro,
KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
a temporary safety zone for all navigable
waters of the Ohio River, extending the
entire width of the river, from mile
marker (MM) 756.4 to MM 757.4 in
Owensboro, KY. This safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry into, transiting through or
anchoring within this zone would be
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 27, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0820 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email Petty Officer
Riley Jackson, Coast Guard Sector Ohio
Valley, Louisville, KY; telephone
(502)779–5347 or email
Riley.S.Jackson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On September 9, 2019, the River View
Coal, LLC notified the Coast Guard that
it will be conducting a fireworks display
from 10 p.m. through 11 p.m. on
January 18, 2020, to celebrate the
previous year. The fireworks are to be
launched from a barge in the Ohio
River, between mile marker (MM) 756.4
and MM 757.4 in Owensboro, KY.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Sector Ohio Valley (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone in the fallout radius.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the 1-mile
stretch of the Ohio River before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 10 p.m. through 11
p.m. on January 18, 2020. The safety
zone would cover the entire width of
the Ohio River from Mile Marker (MM)
756.4 to MM 757.4 in Owensboro, KY.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 p.m. through 11
p.m. fireworks display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
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Agencies
[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Proposed Rules]
[Pages 57663-57666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23394]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0722; Product Identifier 2019-NM-141-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A300 series airplanes. This proposed AD was
prompted by a report that bleed and air conditioning systems were
contaminated by hydraulic fluid, and an investigation revealed that
hydraulic fluid contaminations caused the failure of check valves
installed on the hydraulic reservoir air pressurization system. This
proposed AD would require repetitive functional tests of the hydraulic
reservoir air pressurization lines and repair or replacement, if
necessary, as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December
12, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0722.
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-
0722; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.
[[Page 57664]]
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0722;
Product Identifier 2019-NM-141-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0190, dated July 31, 2019
(``EASA AD 2019-0190'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A300 series airplanes.
This proposed AD was prompted by a report that bleed and air
conditioning systems on an Airbus SAS Model A300-600 series airplane
were contaminated by hydraulic fluid, and an investigation revealed
that hydraulic fluid contaminations caused the failure of check valves
installed on the hydraulic reservoir air pressurization system. The
bleed and air conditioning systems on Model A300 series airplanes are
similar in design to the model on which the event occurred. Therefore,
Model A300 series airplanes are subject to the same unsafe condition.
The FAA is proposing this AD to address this condition, which, if not
detected and corrected, could lead to leakage of pressurization check
valves, and, in case of pressurization line rupture, to loss of a
hydraulic system, possibly resulting in reduced control of the
airplane. See the MCAI for additional background information.
EASA also issued AD 2019-0188, dated July 31, 2019, to address the
identified unsafe condition for Airbus SAS Model A300-600 series
airplane. The FAA is considering further rulemaking to correspond with
EASA 2019-0188, dated July 31, 2019.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0190 describes procedures for repetitive functional
tests of the hydraulic reservoir air pressurization lines and repair or
replacement, if necessary.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0190 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD. This proposed AD also would require sending
the inspection results to Airbus.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0190
will be incorporated by reference in the FAA final rule. This proposed
AD would therefore require compliance with EASA AD 2019-0190 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0190 that is required for compliance with EASA AD 2019-
0190 will be available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0722 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 1 airplane of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
Estimated Costs for Required Actions *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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2 work-hours x $85 per hour = $170........................... $0 $170 $170
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* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $85.
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
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Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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3 work-hours x $85 per hour = $255.... $10,000 $10,255
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Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this NPRM is mandatory. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA-2019-0722; Product Identifier 2019-NM-
141-AD.
(a) Comments Due Date
The FAA must receive comments by December 12, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A300 B2-1A, B2-1C, B2K-3C,
B2-203, B4-2C, B4-103, and B4-203 airplanes, certificated in any
category, all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
(e) Reason
This AD was prompted by a report that bleed and air conditioning
systems were contaminated by hydraulic fluid, and an investigation
revealed that hydraulic fluid contaminations caused the failure of
check valves installed on the hydraulic reservoir air pressurization
system. The FAA is issuing this AD to address this condition, which,
if not detected and corrected, could lead to leakage of the
pressurization check valves, and, in case of pressurization line
rupture, to loss of a hydraulic system, possibly resulting 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
2019-0190, dated July 31, 2019 (``EASA AD 2019-0190'').
(h) Exceptions to EASA AD 2019-0190
For purposes of determining compliance with the requirements of
this AD:
(1) Where EASA AD 2019-0190 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0190 does not apply
to this AD.
(3) Paragraph (4) of EASA AD 2019-0190 specifies to report
accomplishment of each test and any repair or replacement to Airbus
within a certain compliance time. For this AD, report that action at
the applicable time specified in paragraph (h)(3)(i) or (ii) of this
AD.
(i) If the action was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the action was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA,
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has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0190 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden to: Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
(j) Related Information
(1) For information about EASA AD 2019-0190, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this 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-2019-0722.
(2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3225.
Issued in Des Moines, Washington, on October 18, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-23394 Filed 10-25-19; 8:45 am]
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