Airworthiness Directives; Airbus SAS Airplanes, 63799-63802 [2019-24995]
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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.
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(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.
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(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
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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:
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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
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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
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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
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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.
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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.
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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,
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(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)
■
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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.
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(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
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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
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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.
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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.
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* 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
