Airworthiness Directives; Airbus SAS Airplanes, 63799-63802 [2019-24995]

Download as PDF Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations 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 part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2015–20–04, Amendment 39–18282 (80 FR 61717, October 14, 2015), and adding the following new AD: ■ 2019–22–03 Pratt & Whitney Canada Corp.: Amendment 39–19782; Docket No. FAA–2018–0739; Product Identifier 2015–NE–07–AD. (a) Effective Date This AD is effective December 24, 2019. (b) Affected ADs This AD replaces AD 2015–20–04, Amendment 39–18282 (80 FR 61717, October 14, 2015). (c) Applicability This AD applies to Pratt & Whitney Canada Corp. (P&WC) PT6B–37A turboshaft engines with serial number (S/N) PCE–PU0275 or earlier or with engine S/N PCE–PU0278. khammond on DSKJM1Z7X2PROD with RULES (d) Subject Joint Aircraft System Component (JASC) Code 7210, Turbine Engine Reduction Gear. (e) Unsafe Condition This AD was prompted by reports of incorrect engine torque for PT6B–37A turboshaft engines. The FAA is issuing this AD to prevent axial movement at the No. 10 bearing position in the engine reduction gearbox (RGB) assembly. The unsafe condition, if not addressed, could result in engine overtorque, failure of the engine, inflight shutdown, and loss of the helicopter. VerDate Sep<11>2014 15:51 Nov 18, 2019 Jkt 250001 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For affected engines that did not have the bearings replaced in accordance with P&WC Service Bulletin (SB) No. PT6B–72– 39092, Revision No. 5, dated October 27, 2017, or earlier revision: Remove from service and replace the No. 9 and No. 10 position bearings at the next engine shop visit after the effective date of this AD, but no later than December 31, 2020, whichever occurs first, in accordance with the Accomplishment Instructions, paragraphs 3.A. and B., of P&WC SB PT6B–72–39108, Revision No. 1, dated September 5, 2017. (2) For affected engines that had the bearings replaced in accordance with P&WC SB No. PT6B–72–39092, Revision No. 5, dated October 27, 2017, or earlier revision: Remove from service and replace the No. 9 and No. 10 position bearings before December 31, 2020, in accordance with the Accomplishment Instructions, paragraphs 3.A. and B., of P&WC SB PT6B–72–39108, Revision No. 1, dated September 5, 2017. (h) Credit for Previous Action You may take credit for the No. 9 and No. 10 position bearing replacement required by paragraph (g) of this AD, if you performed the replacement before the effective date of this AD using P&WC SB No. PT6B–72–39108, dated September 30, 2016. (i) Definition For the purpose of this AD, an ‘‘engine shop visit’’ is the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine flanges, or any removal of the RGB assembly. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information (1) For more information about this AD, contact Barbara Caufield, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone: 781– 238–7146; fax: 781–238–7199; email: barbara.caufield@faa.gov. (2) Refer to Transport Canada AD CF– 2015–01R1, dated November 18, 2016, for more information. You may examine the Transport Canada AD in the AD docket on PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 63799 the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2018–0739. (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 paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Pratt & Whitney Canada Corp. (P&WC) Service Bulletin No. PT6B–72–39108, Revision No. 1, dated September 5, 2017. (ii) [Reserved] (3) For P&WC service information identified in this AD, contact Pratt & Whitney Canada Corp., 1000 Marie-Victorin, Longueuil, Quebec, Canada, J4G 1A1; phone: 800–268–8000; fax: 450–647–2888; website: https://www.pwc.ca/en/. (4) You may view this service information at FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA, 01803. For information on the availability of this material at the FAA, call 781–238–7759. (5) You may view this service information 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. Issued in Burlington, Massachusetts, on November 4, 2019. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2019–25010 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0258; Product Identifier 2018–NM–134–AD; Amendment 39–19783; AD 2019–22–04] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 96–25–04, which applied to certain Airbus SAS Model A320 series airplanes. AD 96– 25–04 required repetitive inspections of the wire looms in the wing and the horizontal stabilizer and in certain areas of the main landing gear (MLG) bays; repair or replacement, protection, and SUMMARY: E:\FR\FM\19NOR1.SGM 19NOR1 63800 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES realignment, if necessary; installation of protective sleeves; and realignment of certain bundles. This AD partially retains the requirements of AD 96–25– 04 and requires modification of the wing electrical installation; as specified in a European Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that there were issues with protective sleeves previously installed as specified in AD 96–25–04. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 24, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 24, 2019. ADDRESSES: For the material incorporated by reference (IBR) in this AD, contact the EASA, 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 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– 0258. 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–2019–0258; 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: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223. SUPPLEMENTARY INFORMATION: Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD VerDate Sep<11>2014 15:51 Nov 18, 2019 Jkt 250001 2018–0200, dated September 6, 2018 (‘‘EASA AD 2018–0200’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Airbus SAS Model A320– 211, –212, and –231 airplanes. EASA AD 2018–0200 supersedes Direction Ge´ne´rale de l’Aviation Civile (DGAC) AD 91–182–020(B) R2, dated December 7, 1994 (which corresponds to FAA AD 96–25–04, Amendment 39–9846 (61 FR 66881, December 19, 1996) (‘‘AD 96–25– 04’’)). The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 96–25–04. AD 96–25–04 applied to certain Airbus SAS Model A320 series airplanes. The NPRM published in the Federal Register on May 7, 2019 (84 FR 19885). The NPRM was prompted by a determination that there were issues with protective sleeves previously installed as specified in AD 96–25–04. The NPRM proposed to partially retain the requirements of AD 96–25–04 and require modification of the wing electrical installation. The FAA is issuing this AD to address electrical short circuiting due to chafing of the wire bundles in the wing, horizontal stabilizer, or MLG bay, which could result in a fire. Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Air Line Pilots Association, International (ALPA) indicated its support for the NPRM. Request To Clarify and Provide Procedures for Previously Installed Sleeves Delta Air Lines (Delta) requested clarification and further provisioning to address previously installed protective sleeves that are identified as having issues in the NPRM and EASA AD 2018–0200. Delta requested that the FAA explain the issue with the previously installed protective sleeves and specify corrective action referring to the previous requirements of AD 96–25– 04. Delta stated that the instructions in Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018, and EASA AD 2018–0200 do not identify procedures for removal of previously installed protective sleeves and do not explain the deficiency with those sleeves. The FAA agrees to clarify. Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018, does include instructions for removing PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 the previously installed heat shrink tubing (wire loom protection) prior to installation of new wire loom protection. Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018, also states the unsafe condition associated with previously installed wire loom protection, which allowed the wire loom to be held in contact with the edge of harness breakout from conduits on wing trailing edge harnesses. Subsequent vibration initiated chafing and the eventual short circuit. The new modification requirement in this AD introduces a full-length protective sleeve to protect the wire looms at harness breakout from conduits on wing trailing edge harnesses in Zone 574 and Zone 674. As specified in paragraph (13) of EASA AD 2018–0200, doing the new modification terminates inspections required by paragraph (1) of EASA AD 2018–0200 (which retains the requirements that correspond to paragraph (c) of AD 96–25–04). The AD has not been changed in this regard. Request To Revise the Applicability Delta requested the applicability of the proposed AD be changed to only include airplanes produced with the unsafe condition. Delta noted that the applicability exception statement (i.e., except those on which Airbus modification (mod) 22626 has been embodied in production) means the proposed AD would be applicable to any future production airplanes if mod 22626 is not embodied. Delta stated that it assumed the certification basis of new aircraft would address this unsafe condition either through mod 22626 or other mods or design features that would address the unsafe condition. The FAA agrees to clarify. As specified in EASA AD 2018–0200, the AD is applicable to Airbus SAS Model A320–211, A320–212 and A320–231 airplanes, all manufacturer serial numbers except those on which Airbus modification 22626 has been installed in production. The intent for airplanes modified in production via modification 22626 is that they will not be demodified and therefore the unsafe condition will not apply. The AD is not applicable if production modification 22626 is installed; however, it is the responsibility of operators to maintain that modification in accordance with the type design requirements of the airplane. The AD has not been changed in this regard. Request To Clarify if Another AD Is Affected Delta requested clarification on whether the proposed AD might affect E:\FR\FM\19NOR1.SGM 19NOR1 63801 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations AD 2016–19–02, Amendment 39–18651 (81 FR 64051, September 19, 2016) (‘‘AD 2016–19–02’’). Delta raised concerns over the risk to inadvertently de-modify the impacted airplanes identified in EASA AD 2018–0200 and therefore no longer be in compliance with AD 2016– 19–02. Delta stated that due to the proximity of the modifications specified in Airbus Service Bulletin A320–92– 1049, Revision 01, dated November 28, 2011 (referred to in AD 2016–19–02) and Airbus Service Bulletin A320–92– 1115, Revision 01, dated August 14, 2018 (referred to in EASA AD 2018– 0200) there is potential for demodification of an AD requirement. The FAA agrees to clarify. The modifications specified in Airbus Service Bulletin A320–92–1049, Revision 01, dated November 28, 2011 (required by paragraph (h)(1) of AD 2016–19–02); and Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018 (required by paragraphs (7) through (9) of EASA AD 2018–0200), are in close proximity, but the risk to inadvertently de-modify the airplane is small. There is clearance between the protective sleeve installed using Airbus Service Bulletin A320–92– 1049, Revision 01, dated November 28, 2011, and the insert (protective sleeve) installed using Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018. In addition, Airbus Service Bulletin A320–92–1115, Revision 01, dated August 14, 2018, does not include procedures to remove the protective sleeve installed using Airbus Service Bulletin A320–92–1049, Revision 01, dated November 28, 2011. The AD has not been changed in this regard. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule as proposed, except for 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. Related IBR Material Under 1 CFR Part 51 EASA AD 2018–0200 describes procedures for repetitive inspections to detect chafing, signs of overheating, and misalignment of the wire looms (bundles) in the wing and the horizontal stabilizer and in certain areas of the MLG bays; repair or replacement, protection, and realignment, if necessary; realignment of bundles that are not guided centrally into the conduit end fittings; and modification of the wing electrical installation. 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. Costs of Compliance The FAA estimates that this AD affects 27 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Parts cost Retained actions from AD 96–25–04 ............. New actions .................................................... 62 work-hours × $85 per hour = $5,270 ........ 25 work-hours × $85 per hour = $2,125 ........ Negligible ....... (*) ................... Cost per product Cost on U.S. operators $5,270 * 2,125 $142,290 * 57,375 * The FAA has received no definitive data on the parts costs for the new actions. The FAA has received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 15:51 Nov 18, 2019 Jkt 250001 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 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, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 (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 removing Airworthiness Directive (AD) ■ E:\FR\FM\19NOR1.SGM 19NOR1 63802 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Rules and Regulations 96–25–04, Amendment 39–9846 (61 FR 66881, December 19, 1996), and adding the following new AD: 2019–22–04 Airbus SAS: Amendment 39– 19783; Docket No. FAA–2019–0258; Product Identifier 2018–NM–134–AD. (a) Effective Date This AD is effective December 24, 2019. (b) Affected ADs This AD replaces AD 96–25–04, Amendment 39–9846 (61 FR 66881, December 19, 1996) (‘‘AD 96–25–04’’). (c) Applicability This AD applies to Airbus SAS Model A320–211, –212, and –231 airplanes, certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2018–0200, dated September 6, 2018 (‘‘EASA AD 2018–0200’’). (d) Subject Air Transport Association (ATA) of America Code 24, Electrical power. (e) Reason This AD was prompted by a report that electrical short-circuiting could occur in the wire bundles in the wing, horizontal stabilizer, or main landing gear (MLG) bays. This AD was also prompted by a determination that there were issues with protective sleeves previously installed as specified in AD 96–25–04. The FAA is issuing this AD to address electrical short circuiting due to chafing of the wire bundles in the wing, horizontal stabilizer, or MLG bay, which could result in a fire. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2018–0200. khammond on DSKJM1Z7X2PROD with RULES (h) Exceptions to EASA AD 2018–0200 (1) Where EASA AD 2018–0200 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2018–0200 refers to ‘‘the effective date of DGAC France AD 91– 182–020 at original issue’’ or refers to ‘‘the effective date of DGAC France AD 91–182– 020 at Rev.2,’’ this AD requires using January 27, 1997 (the effective date of AD 96–25–04). (3) The ‘‘Remarks’’ section of EASA AD 2018–0200 does not apply to 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 VerDate Sep<11>2014 15:51 Nov 18, 2019 Jkt 250001 Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j) 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 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 2018–0200 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. (j) Related Information 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. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on December 24, 2019. (i) European Aviation Safety Agency (EASA) AD 2018–0200, dated September 6, 2018. (ii) [Reserved] (4) For information about EASA AD 2018– 0200, 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. (5) 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0258. (6) 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. Issued in Des Moines, Washington, on November 5, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–24995 Filed 11–18–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9883] RIN 1545–BM90 Ownership Attribution for Purposes of Determining Whether a Person Is Related to a Controlled Foreign Corporation; Rents Derived in the Active Conduct of a Trade or Business Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. AGENCY: This document contains final regulations regarding the attribution of ownership of stock or other interests for purposes of determining whether a person is a related person with respect to a controlled foreign corporation (‘‘CFC’’) under section 954(d)(3). In addition, the final regulations provide rules for determining whether a CFC is considered to derive rents in the active conduct of a trade or business for purposes of computing foreign personal holding company income. This document finalizes the proposed regulations published on May 20, 2019. The regulations affect United States persons with direct or indirect ownership interests in certain foreign corporations. SUMMARY: DATES: Effective Date: These regulations are effective on November 19, 2019. Applicability Date: For the dates of applicability, see §§ 1.954–1(f)(3), 1.954–2(i)(2), and 1.958–2(h). FOR FURTHER INFORMATION CONTACT: Kristine A. Crabtree at (202) 317–6934. SUPPLEMENTARY INFORMATION: Background On May 20, 2019, the Department of the Treasury (‘‘Treasury Department’’) E:\FR\FM\19NOR1.SGM 19NOR1

Agencies

[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63799-63802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0258; Product Identifier 2018-NM-134-AD; Amendment 
39-19783; AD 2019-22-04]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 96-25-04, 
which applied to certain Airbus SAS Model A320 series airplanes. AD 96-
25-04 required repetitive inspections of the wire looms in the wing and 
the horizontal stabilizer and in certain areas of the main landing gear 
(MLG) bays; repair or replacement, protection, and

[[Page 63800]]

realignment, if necessary; installation of protective sleeves; and 
realignment of certain bundles. This AD partially retains the 
requirements of AD 96-25-04 and requires modification of the wing 
electrical installation; as specified in a European Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. This AD was 
prompted by a determination that there were issues with protective 
sleeves previously installed as specified in AD 96-25-04. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 24, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 24, 
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
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-2019-0258.

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-
0258; 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: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0200, dated September 6, 2018 
(``EASA AD 2018-0200'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A320-211, -212, and -231 
airplanes. EASA AD 2018-0200 supersedes Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) AD 91-182-020(B) R2, 
dated December 7, 1994 (which corresponds to FAA AD 96-25-04, Amendment 
39-9846 (61 FR 66881, December 19, 1996) (``AD 96-25-04'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 96-25-04. AD 96-25-04 applied to certain 
Airbus SAS Model A320 series airplanes. The NPRM published in the 
Federal Register on May 7, 2019 (84 FR 19885). The NPRM was prompted by 
a determination that there were issues with protective sleeves 
previously installed as specified in AD 96-25-04. The NPRM proposed to 
partially retain the requirements of AD 96-25-04 and require 
modification of the wing electrical installation. The FAA is issuing 
this AD to address electrical short circuiting due to chafing of the 
wire bundles in the wing, horizontal stabilizer, or MLG bay, which 
could result in a fire.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment. Air Line 
Pilots Association, International (ALPA) indicated its support for the 
NPRM.

Request To Clarify and Provide Procedures for Previously Installed 
Sleeves

    Delta Air Lines (Delta) requested clarification and further 
provisioning to address previously installed protective sleeves that 
are identified as having issues in the NPRM and EASA AD 2018-0200. 
Delta requested that the FAA explain the issue with the previously 
installed protective sleeves and specify corrective action referring to 
the previous requirements of AD 96-25-04. Delta stated that the 
instructions in Airbus Service Bulletin A320-92-1115, Revision 01, 
dated August 14, 2018, and EASA AD 2018-0200 do not identify procedures 
for removal of previously installed protective sleeves and do not 
explain the deficiency with those sleeves.
    The FAA agrees to clarify. Airbus Service Bulletin A320-92-1115, 
Revision 01, dated August 14, 2018, does include instructions for 
removing the previously installed heat shrink tubing (wire loom 
protection) prior to installation of new wire loom protection. Airbus 
Service Bulletin A320-92-1115, Revision 01, dated August 14, 2018, also 
states the unsafe condition associated with previously installed wire 
loom protection, which allowed the wire loom to be held in contact with 
the edge of harness breakout from conduits on wing trailing edge 
harnesses. Subsequent vibration initiated chafing and the eventual 
short circuit.
    The new modification requirement in this AD introduces a full-
length protective sleeve to protect the wire looms at harness breakout 
from conduits on wing trailing edge harnesses in Zone 574 and Zone 674. 
As specified in paragraph (13) of EASA AD 2018-0200, doing the new 
modification terminates inspections required by paragraph (1) of EASA 
AD 2018-0200 (which retains the requirements that correspond to 
paragraph (c) of AD 96-25-04). The AD has not been changed in this 
regard.

Request To Revise the Applicability

    Delta requested the applicability of the proposed AD be changed to 
only include airplanes produced with the unsafe condition. Delta noted 
that the applicability exception statement (i.e., except those on which 
Airbus modification (mod) 22626 has been embodied in production) means 
the proposed AD would be applicable to any future production airplanes 
if mod 22626 is not embodied. Delta stated that it assumed the 
certification basis of new aircraft would address this unsafe condition 
either through mod 22626 or other mods or design features that would 
address the unsafe condition.
    The FAA agrees to clarify. As specified in EASA AD 2018-0200, the 
AD is applicable to Airbus SAS Model A320-211, A320-212 and A320-231 
airplanes, all manufacturer serial numbers except those on which Airbus 
modification 22626 has been installed in production. The intent for 
airplanes modified in production via modification 22626 is that they 
will not be de-modified and therefore the unsafe condition will not 
apply. The AD is not applicable if production modification 22626 is 
installed; however, it is the responsibility of operators to maintain 
that modification in accordance with the type design requirements of 
the airplane. The AD has not been changed in this regard.

Request To Clarify if Another AD Is Affected

    Delta requested clarification on whether the proposed AD might 
affect

[[Page 63801]]

AD 2016-19-02, Amendment 39-18651 (81 FR 64051, September 19, 2016) 
(``AD 2016-19-02''). Delta raised concerns over the risk to 
inadvertently de-modify the impacted airplanes identified in EASA AD 
2018-0200 and therefore no longer be in compliance with AD 2016-19-02. 
Delta stated that due to the proximity of the modifications specified 
in Airbus Service Bulletin A320-92-1049, Revision 01, dated November 
28, 2011 (referred to in AD 2016-19-02) and Airbus Service Bulletin 
A320-92-1115, Revision 01, dated August 14, 2018 (referred to in EASA 
AD 2018-0200) there is potential for de-modification of an AD 
requirement.
    The FAA agrees to clarify. The modifications specified in Airbus 
Service Bulletin A320-92-1049, Revision 01, dated November 28, 2011 
(required by paragraph (h)(1) of AD 2016-19-02); and Airbus Service 
Bulletin A320-92-1115, Revision 01, dated August 14, 2018 (required by 
paragraphs (7) through (9) of EASA AD 2018-0200), are in close 
proximity, but the risk to inadvertently de-modify the airplane is 
small. There is clearance between the protective sleeve installed using 
Airbus Service Bulletin A320-92-1049, Revision 01, dated November 28, 
2011, and the insert (protective sleeve) installed using Airbus Service 
Bulletin A320-92-1115, Revision 01, dated August 14, 2018. In addition, 
Airbus Service Bulletin A320-92-1115, Revision 01, dated August 14, 
2018, does not include procedures to remove the protective sleeve 
installed using Airbus Service Bulletin A320-92-1049, Revision 01, 
dated November 28, 2011. The AD has not been changed in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for 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.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0200 describes procedures for repetitive inspections 
to detect chafing, signs of overheating, and misalignment of the wire 
looms (bundles) in the wing and the horizontal stabilizer and in 
certain areas of the MLG bays; repair or replacement, protection, and 
realignment, if necessary; realignment of bundles that are not guided 
centrally into the conduit end fittings; and modification of the wing 
electrical installation.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                    Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 96-25-04  62 work-hours x $85   Negligible.............          $5,270        $142,290
                                    per hour = $5,270.
New actions......................  25 work-hours x $85   (*)....................         * 2,125       * 57,375
                                    per hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on the parts costs for the new actions.

    The FAA has received no definitive data that would enable us to 
provide cost estimates for the on-condition actions specified in this 
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This 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 distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)

[[Page 63802]]

96-25-04, Amendment 39-9846 (61 FR 66881, December 19, 1996), and 
adding the following new AD:

2019-22-04 Airbus SAS: Amendment 39-19783; Docket No. FAA-2019-0258; 
Product Identifier 2018-NM-134-AD.

(a) Effective Date

    This AD is effective December 24, 2019.

(b) Affected ADs

    This AD replaces AD 96-25-04, Amendment 39-9846 (61 FR 66881, 
December 19, 1996) (``AD 96-25-04'').

(c) Applicability

    This AD applies to Airbus SAS Model A320-211, -212, and -231 
airplanes, certificated in any category, as identified in European 
Aviation Safety Agency (EASA) AD 2018-0200, dated September 6, 2018 
(``EASA AD 2018-0200'').

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
power.

(e) Reason

    This AD was prompted by a report that electrical short-
circuiting could occur in the wire bundles in the wing, horizontal 
stabilizer, or main landing gear (MLG) bays. This AD was also 
prompted by a determination that there were issues with protective 
sleeves previously installed as specified in AD 96-25-04. The FAA is 
issuing this AD to address electrical short circuiting due to 
chafing of the wire bundles in the wing, horizontal stabilizer, or 
MLG bay, which could result in a fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0200.

(h) Exceptions to EASA AD 2018-0200

    (1) Where EASA AD 2018-0200 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0200 refers to ``the effective date of 
DGAC France AD 91-182-020 at original issue'' or refers to ``the 
effective date of DGAC France AD 91-182-020 at Rev.2,'' this AD 
requires using January 27, 1997 (the effective date of AD 96-25-04).
    (3) The ``Remarks'' section of EASA AD 2018-0200 does not apply 
to 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) 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 2018-0200 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.

(j) Related Information

    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.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
December 24, 2019.
    (i) European Aviation Safety Agency (EASA) AD 2018-0200, dated 
September 6, 2018.
    (ii) [Reserved]
    (4) For information about EASA AD 2018-0200, 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.
    (5) 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-
2019-0258.
    (6) 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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.>

    Issued in Des Moines, Washington, on November 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24995 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P