80 FR 12094 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 44 (March 6, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 44 (March 6, 2015)
| Page Range | 12094-12097 | |
| FR Document | 2015-04495 |
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)] [Proposed Rules] [Pages 12094-12097] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04495] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0250; Directorate Identifier 2014-NM-216-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by reports of airspeed indication discrepancies while flying at high altitudes in inclement weather. This proposed AD would require replacing certain pitot probes on the captain, first officer, and standby sides with certain new pitot probes. We are proposing this AD to prevent airspeed indication discrepancies during inclement weather, which, depending on the prevailing altitude, could lead to unknown accumulation of ice crystals and consequent reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by April 20, 2015. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 0250; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0250; Directorate Identifier 2014-NM-216-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy [[Page 12095]] aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0237R1, dated December 5, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states: Occurrences have been reported on A320 family aeroplanes of airspeed indication discrepancies while flying at high altitudes in inclement weather conditions. Investigation results indicated that A320 aeroplanes equipped with Thales Avionics Part Number (P/N) 50620-10 or P/N C16195AA pitot probes appear to have a greater susceptibility to adverse environmental conditions that aeroplanes equipped with certain other pitot probes. Prompted by earlier occurrences, DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] France issued [DGAC] AD 2001-362 [http://ad.easa.europa.eu/blob/easa_ad_2001_362.pdf/AD_2001-362] [which corresponds to paragraph (f) of FAA AD 2004-03- 33, Amendment 39-13477 (69 FR 9936, March 3, 2004)] to require replacement of Thales (formerly known as Sextant) P/N 50620-10 pitot probes with Thales P/N C16195AA probes. Since that [DGAC] AD was issued, Thales pitot probe P/N C15195BA was designed, which improved airspeed indication behavior in heavy rain conditions, but did not demonstrate the same level of robustness to withstand high-altitude ice crystals. Based on these findings, EASA have decided to implement replacement of the affected Thales [pitot] probes as a precautionary measure to improve the safety level of the affected aeroplanes. Consequently, EASA issued AD 2014-0237 [http://ad.easa.europa.eu/blob/easa_ad_2014_0237.pdf/AD_2014-0237], retaining the requirements of DGAC France AD 2001-362, which was superseded, to require replacement of Thales Avionics pitot probes P/N C16195AA and P/N C16195BA. The following related DGAC France ADs were also cancelled by EASA AD 2014-0237, without retaining any of their requirements: AD 91-227-021R1 [http://ad.easa.europa.eu/blob/easa_ad_91_227_021R1.pdf/AD_91_227_021R1], that required replacement of Titeflex hoses; and AD 2002-586R1 [http://ad.easa.europa.eu/blob/easa_ad_2002_586R1.pdf/AD_2002_586R1], that required cleaning of Thales P/N C16195AA probes. Since EASA issued AD 2014-0237, it was brought to the Agency's attention that Airbus modification (mod) 155737 was introduced to install Thales probes in production. This affects paragraph (4) of the [EASA] AD. For the reasons described above, this [EASA] AD is revised to amend paragraph (4), making reference to aeroplanes which are post- mod 25578, but also post-mod 155737, as a result of which they have Thales probes installed. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 0250. Related Rulemaking On February 4, 2004, we issued AD 2004-03-33, Amendment 39-13477 (69 FR 9936, March 3, 2004), applicable to certain Airbus Model A300 B2 and B4 series airplanes; Model A300 B4-600, A300 B4-600R, and A300 F4- 600R series airplanes; Model A310 series Airplanes; Model A319, A320, and A321 series airplanes; Model A330-301, -321, -322, -341, and -342 airplanes; and Model A340 series airplanes. That AD requires, among other actions, replacement of certain pitot probes with certain new pitot probes. That AD was issued to prevent loss or fluctuation of indicated airspeed, which could result in misleading information being provided to the flightcrew. Related Service Information Under 1 CFR Part 51 Airbus has issued Service Bulletin A320-34-1170, Revision 28, dated September 1, 2014; Service Bulletin A320-34-1456, Revision 01, dated May 15, 2012; and Service Bulletin A320-34-1463, Revision 01, dated May 15, 2012. The service information describes procedures for replacing certain Thales Avionics pitot probes on the captain, first officer, and standby sides with certain other Goodrich pitot probes. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. This service information is reasonably available; see ADDRESSES for ways to access this service information. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs. Difference Between This Proposed AD and the MCAI or Service Information The EASA MCAI specifies that installation of a pitot probe approved after the effective date of the EASA AD, and compliant with the ``new EASA icing requirements,'' is equal to compliance with the requirements in paragraph (h) of this proposed AD, provided the part is approved by EASA or Airbus's EASA Design Organization Approval (DOA). However, this proposed AD does not include that requirement because EASA regulations do not apply to airplanes type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29). Paragraph (1) of the MCAI requires replacement of Thales part number (P/N) 50620-10 pitot probes with Thales P/N C16195AA pitot probes. However, that action is not included in this proposed AD. Paragraph (f) of AD 2004-03-33, Amendment 39-13477 (69 FR 9936, March 3, 2004), requires that action. Costs of Compliance We estimate that this proposed AD affects 953 airplanes of U.S. registry. We also estimate that it would take about 4 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $21,930 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $21,223,310, or $22,270 per product. 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. We are 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 [[Page 12096]] because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2015-0250; Directorate Identifier 2014-NM- 216-AD. (a) Comments Due Date We must receive comments by April 20, 2015. (b) Affected ADs This AD affects AD 2004-03-33, Amendment 39-13477 (69 FR 9936, March 3, 2004). (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, all manufacturer serial numbers. (1) Airbus Model A318-111, -112, -121, and -122 airplanes. (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Reason This AD was prompted by reports of airspeed indication discrepancies while flying at high altitudes in inclement weather. We are issuing this AD to prevent airspeed indication discrepancies during inclement weather, which, depending on the prevailing altitude, could lead to unknown accumulation of ice crystals and consequent reduced controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Replacement of Pitot Probes Within 48 months after the effective date of this AD: Replace any Thales pitot probe having part number (P/N) C16195AA or P/N C16195BA, with a Goodrich pitot probe having P/N 0851HL, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-34-1170, Revision 28, dated September 1, 2014. Accomplishing the replacement in this paragraph terminates the requirements of paragraph (f) of AD 2004-03-33, Amendment 39-13477 (69 FR 9936, March 3, 2004), for that airplane only. (h) Methods of Compliance for Replacement (1) Replacement of the pitot probes in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-34-1456, Revision 01, dated May 15, 2012 (pitot probes on the captain and standby sides); and Airbus Service Bulletin A320-34-1463, Revision 01, dated May 15, 2012 (pitot probes on the first officer side); is an acceptable method of compliance with the requirements of paragraph (g) of this AD. (2) Airplanes on which Airbus Modification 25578 was embodied in production, except for post-modification 25578 airplanes on which Airbus Modification 155737 (installation of Thales pitot probes) was also embodied in production, are compliant with the requirements of paragraph (g) of this AD, provided it can be conclusively determined that no Thales pitot probe having P/N C16195AA, P/N C16195BA, or P/N 50620-10 has been installed since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness. Post-modification 25578 airplanes on which Airbus Modification 155737 (installation of Thales pitot probes) was also embodied in production must be in compliance with the requirements of paragraph (g) of this AD. (i) Credit for Previous Actions (1) This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (i)(1)(i) through (i)(1)(xxiv) of this AD. This service information is not incorporated by reference in this AD. (i) Airbus Service Bulletin A320-34-1170, Revision 04, dated May 24, 2000. (ii) Airbus Service Bulletin A320-34-1170, Revision 05, dated September 11, 2000. (iii) Airbus Service Bulletin A320-34-1170, Revision 06, dated October 18, 2001. (iv) Airbus Service Bulletin A320-34-1170, Revision 07, dated December 4, 2001. (v) Airbus Service Bulletin A320-34-1170, Revision 08, dated January 15, 2003. (vi) Airbus Service Bulletin A320-34-1170, Revision 09, dated February 17, 2003. (vii) Airbus Service Bulletin A320-34-1170, Revision 10, dated November 21, 2003. (viii) Airbus Service Bulletin A320-34-1170, Revision 11, dated August 18, 2004. (ix) Airbus Service Bulletin A320-34-1170, Revision 12, dated December 2, 2004. (x) Airbus Service Bulletin A320-34-1170, Revision 13, dated January 18, 2005. (xi) Airbus Service Bulletin A320-34-1170, Revision 14, dated April 21, 2005. (xii) Airbus Service Bulletin A320-34-1170, Revision 15, dated July 19, 2005. (xiii) Airbus Service Bulletin A320-34-1170, Revision 16, dated November 23, 2006. (xiv) Airbus Service Bulletin A320-34-1170, Revision 17, dated February 14, 2007. (xv) Airbus Service Bulletin A320-34-1170, Revision 18, dated October 9, 2009. (xvi) Airbus Service Bulletin A320-34-1170, Revision 19, dated November 9, 2009. (xvii) Airbus Service Bulletin A320-34-1170, Revision 20, dated December 1, 2010. (xviii) Airbus Service Bulletin A320-34-1170, Revision 21, dated March 24, 2011. (xix) Airbus Service Bulletin A320-34-1170, Revision 22, dated July 19, 2011. (xx) Airbus Service Bulletin A320-34-1170, Revision 23, dated February 3, 2012. (xxi) Airbus Service Bulletin A320-34-1170, Revision 24, dated April 12, 2012. (xxii) Airbus Service Bulletin A320-34-1170, Revision 25, dated September 4, 2012. (xxiii) Airbus Service Bulletin A320-34-1170, Revision 26, dated September 16, 2013. (xxiv) Airbus Service Bulletin A320-34-1170, Revision 27, dated March 18, 2014. (2) This paragraph provides credit for the replacement of pitot probes on the captain and standby sides specified in paragraph (h)(1) of this AD, if the replacement was performed before the effective date of this AD using Airbus Service Bulletin A320-34- 1456, dated December 2, 2009, which is not incorporated by reference in this AD. (3) This paragraph provides credit for the replacement of pitot probes on the first officer side specified in paragraph (h)(1) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A320-34-1463, dated March 9, 2010, which is not incorporated by reference in this AD. (j) Parts Installation Limitations (1) At the applicable time specified in paragraph (j)(1)(i) or (j)(1)(ii) of this AD: No person may install on any airplane a Thales pitot probe having P/N C16195AA or P/N C16195BA. [[Page 12097]] (i) For airplanes with a Thales pitot probe having P/N C16195AA or P/N C16195BA installed: After accomplishing the replacement required by paragraph (g) of this AD. (ii) For airplanes without a Thales pitot probe having P/N C16195AA or P/N C16195BA installed: As of the effective date of this AD. (2) As of the effective date of this AD, no person may install on any airplane a Thales pitot probe having part number P/N 50620- 10. (k) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057- 3356; telephone 425-227-1405; fax 425-227-1149. 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. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0237R1, dated December 5, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0250. (2) For service information identified in this AD, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on February 19, 2015. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015-04495 Filed 3-5-15; 8:45 am] BILLING CODE 4910-13-P
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National Environmental Policy Act PART 1201—UNIFORM • Federal eRulemaking Portal: Go to
ADMINISTRATIVE REQUIREMENTS, http://www.regulations.gov. Follow the
The DOT has analyzed the COST PRINCIPLES, AND AUDIT instructions for submitting comments.
environmental impacts of this proposed REQUIREMENTS FOR FEDERAL • Fax: 202–493–2251.
action pursuant to the National AWARDS • Mail: U.S. Department of
Environmental Policy Act of 1969 Transportation, Docket Operations, M–
(NEPA) (42 U.S.C. 4321 et seq.) and has ■ 1. The authority citation for part 1201 30, West Building Ground Floor, Room
determined that it is categorically continues to read: W12–140, 1200 New Jersey Avenue SE.,
excluded pursuant to DOT Order Washington, DC 20590.
Authority: 49 U.S.C. 322.
5610.1C, Procedures for Considering • Hand Delivery: U.S. Department of
Environmental Impacts (44 FR 56420, ■ 2. Add § 1201.319 to read as follows: Transportation, Docket Operations, M–
Oct. 1, 1979). Categorical exclusions are 30, West Building Ground Floor, Room
§ 1201.319 Competition.
actions identified in an agency’s NEPA W12–140, 1200 New Jersey Avenue SE.,
implementing procedures that do not Notwithstanding 2 CFR 200.319, non-
Federal entities may utilize geographic Washington, DC, between 9 a.m. and 5
normally have a significant impact on p.m., Monday through Friday, except
the environment and therefore do not hiring preferences (including local
hiring preferences) pertaining to the use Federal holidays.
require either an environmental For service information identified in
assessment (EA) or environmental of labor on a project consistent with
such non-Federal entities’ policies and this proposed AD, contact Airbus,
impact statement (EIS). See 40 CFR Airworthiness Office—EIAS, 1 Rond
1508.4. In analyzing the applicability of procedures, when not otherwise
prohibited by Federal statute or Point Maurice Bellonte, 31707 Blagnac
a categorical exclusion, the agency must Cedex, France; telephone +33 5 61 93 36
also consider whether extraordinary regulation.
96; fax +33 5 61 93 44 51; email
circumstances are present that would [FR Doc. 2015–05215 Filed 3–5–15; 8:45 am]
account.airworth-eas@airbus.com;
warrant the preparation of an EA or EIS. BILLING CODE 4910–9X–P Internet http://www.airbus.com. You
Id. Paragraph 3.c.5 of DOT Order may view this referenced service
5610.1C incorporates by reference the information at the FAA, Transport
categorical exclusions for all DOT DEPARTMENT OF TRANSPORTATION
Airplane Directorate, 1601 Lind Avenue
Operating Administrations. This action SW., Renton, WA. For information on
is covered by the categorical exclusion Federal Aviation Administration
the availability of this material at the
listed in the Federal Highway FAA, call 425–227–1221.
Administration’s implementing 14 CFR Part 39
procedures, ‘‘[p]romulgation of rules, Examining the AD Docket
regulations, and directives.’’ 23 CFR [Docket No. FAA–2015–0250; Directorate
You may examine the AD docket on
771.117(c)(20). The purpose of this Identifier 2014–NM–216–AD]
the Internet at http://
rulemaking is to permit recipients and www.regulations.gov by searching for
subrecipients to impose geographic- RIN 2120–AA64
and locating Docket No. FAA–2015–
based hiring preferences whenever not 0250; or in person at the Docket
otherwise prohibited by Federal statute. Airworthiness Directives; Airbus
Airplanes Management Facility between 9 a.m.
The agency does not anticipate any and 5 p.m., Monday through Friday,
environmental impacts, and there are no AGENCY: Federal Aviation except Federal holidays. The AD docket
extraordinary circumstances present in Administration (FAA), DOT. contains this proposed AD, the
connection with this rulemaking. ACTION: Notice of proposed rulemaking regulatory evaluation, any comments
Regulation Identifier Number (NPRM). received, and other information. The
street address for the Docket Operations
A regulation identifier number (RIN) SUMMARY: We propose to adopt a new office (telephone 800–647–5527) is in
is assigned to each regulatory action airworthiness directive (AD) for all the ADDRESSES section. Comments will
listed in the Unified Agenda of Federal Airbus Model A318, A319, A320, and be available in the AD docket shortly
Regulations. The Regulatory Information A321 series airplanes. This proposed after receipt.
Service Center publishes the Unified AD was prompted by reports of airspeed FOR FURTHER INFORMATION CONTACT:
Agenda in April and October of each indication discrepancies while flying at Sanjay Ralhan, Aerospace Engineer,
year. The RIN contained in the heading high altitudes in inclement weather. International Branch, ANM–116,
of this document can be used to cross This proposed AD would require Transport Airplane Directorate, FAA,
reference this action with the Unified replacing certain pitot probes on the 1601 Lind Avenue SW., Renton, WA
Agenda. captain, first officer, and standby sides 98057–3356; telephone 425–227–1405;
with certain new pitot probes. We are fax 425–227–1149.
List of Subjects in 2 CFR Part 1201 proposing this AD to prevent airspeed
SUPPLEMENTARY INFORMATION:
Uniform administrative requirements, indication discrepancies during
Cost principles, and audit requirements inclement weather, which, depending Comments Invited
for Federal awards. on the prevailing altitude, could lead to We invite you to send any written
unknown accumulation of ice crystals relevant data, views, or arguments about
Issued in Washington, DC, on February 24, and consequent reduced controllability
rmajette on DSK2TPTVN1PROD with PROPOSALS
2015. this proposed AD. Send your comments
of the airplane. to an address listed under the
Anthony R. Foxx,
DATES: We must receive comments on ADDRESSES section. Include ‘‘Docket No.
Secretary of Transportation.
this proposed AD by April 20, 2015. FAA–2015–0250; Directorate Identifier
For the reasons set forth in the ADDRESSES: You may send comments, 2014–NM–216–AD’’ at the beginning of
preamble, part 1201 of title 2 of the using the procedures found in 14 CFR your comments. We specifically invite
Code of Federal Regulations is proposed 11.43 and 11.45, by any of the following comments on the overall regulatory,
to be amended as follows: methods: economic, environmental, and energy
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aspects of this proposed AD. We will 586R1.pdf/AD_2002_586R1], that required AD because we evaluated all pertinent
consider all comments received by the cleaning of Thales P/N C16195AA probes. information and determined an unsafe
closing date and may amend this Since EASA issued AD 2014–0237, it was condition exists and is likely to exist or
proposed AD based on those comments. brought to the Agency’s attention that Airbus develop on other products of these same
We will post all comments we modification (mod) 155737 was introduced type designs.
to install Thales probes in production. This
receive, without change, to http://
affects paragraph (4) of the [EASA] AD. Difference Between This Proposed AD
www.regulations.gov, including any For the reasons described above, this
personal information you provide. We and the MCAI or Service Information
[EASA] AD is revised to amend paragraph
will also post a report summarizing each (4), making reference to aeroplanes which are The EASA MCAI specifies that
substantive verbal contact we receive post-mod 25578, but also post-mod 155737, installation of a pitot probe approved
about this proposed AD. as a result of which they have Thales probes after the effective date of the EASA AD,
installed. and compliant with the ‘‘new EASA
Discussion icing requirements,’’ is equal to
You may examine the MCAI in the
The European Aviation Safety Agency AD docket on the Internet at http:// compliance with the requirements in
(EASA), which is the Technical Agent www.regulations.gov by searching for paragraph (h) of this proposed AD,
for the Member States of the European and locating Docket No. FAA–2015– provided the part is approved by EASA
Union, has issued EASA Airworthiness 0250. or Airbus’s EASA Design Organization
Directive 2014–0237R1, dated December Approval (DOA). However, this
5, 2014 (referred to after this as the Related Rulemaking proposed AD does not include that
Mandatory Continuing Airworthiness On February 4, 2004, we issued AD requirement because EASA regulations
Information, or ‘‘the MCAI’’), to correct 2004–03–33, Amendment 39–13477 (69 do not apply to airplanes type
an unsafe condition for all Airbus FR 9936, March 3, 2004), applicable to certificated for operation in the United
Model A318, A319, A320, and A321 certain Airbus Model A300 B2 and B4 States under the provisions of section
series airplanes. The MCAI states: series airplanes; Model A300 B4–600, 21.29 of the Federal Aviation
Occurrences have been reported on A320 A300 B4–600R, and A300 F4–600R Regulations (14 CFR 21.29).
family aeroplanes of airspeed indication series airplanes; Model A310 series Paragraph (1) of the MCAI requires
discrepancies while flying at high altitudes Airplanes; Model A319, A320, and replacement of Thales part number (P/
in inclement weather conditions. A321 series airplanes; Model A330–301, N) 50620–10 pitot probes with Thales P/
Investigation results indicated that A320 –321, –322, –341, and –342 airplanes; N C16195AA pitot probes. However,
aeroplanes equipped with Thales Avionics and Model A340 series airplanes. That that action is not included in this
Part Number (P/N) 50620–10 or P/N AD requires, among other actions, proposed AD. Paragraph (f) of AD 2004–
C16195AA pitot probes appear to have a
replacement of certain pitot probes with 03–33, Amendment 39–13477 (69 FR
greater susceptibility to adverse
environmental conditions that aeroplanes certain new pitot probes. That AD was 9936, March 3, 2004), requires that
equipped with certain other pitot probes. issued to prevent loss or fluctuation of action.
Prompted by earlier occurrences, DGAC indicated airspeed, which could result
Costs of Compliance
[Direction Générale de l’Aviation Civile] in misleading information being
France issued [DGAC] AD 2001–362 [http:// provided to the flightcrew. We estimate that this proposed AD
ad.easa.europa.eu/blob/easa_ad_2001_ affects 953 airplanes of U.S. registry.
362.pdf/AD_2001-362] [which corresponds to Related Service Information Under 1 We also estimate that it would take
paragraph (f) of FAA AD 2004–03–33, CFR Part 51 about 4 work-hours per product to
Amendment 39–13477 (69 FR 9936, March 3, Airbus has issued Service Bulletin comply with the basic requirements of
2004)] to require replacement of Thales
A320–34–1170, Revision 28, dated this proposed AD. The average labor
(formerly known as Sextant) P/N 50620–10
pitot probes with Thales P/N C16195AA September 1, 2014; Service Bulletin rate is $85 per work-hour. Required
probes. A320–34–1456, Revision 01, dated May parts would cost about $21,930 per
Since that [DGAC] AD was issued, Thales 15, 2012; and Service Bulletin A320– product. Based on these figures, we
pitot probe P/N C15195BA was designed, 34–1463, Revision 01, dated May 15, estimate the cost of this proposed AD on
which improved airspeed indication 2012. The service information describes U.S. operators to be $21,223,310, or
behavior in heavy rain conditions, but did procedures for replacing certain Thales $22,270 per product.
not demonstrate the same level of robustness Avionics pitot probes on the captain,
to withstand high-altitude ice crystals. Based Authority for This Rulemaking
first officer, and standby sides with
on these findings, EASA have decided to Title 49 of the United States Code
implement replacement of the affected
certain other Goodrich pitot probes.
The actions described in this service specifies the FAA’s authority to issue
Thales [pitot] probes as a precautionary
measure to improve the safety level of the information are intended to correct the rules on aviation safety. Subtitle I,
affected aeroplanes. unsafe condition identified in the section 106, describes the authority of
Consequently, EASA issued AD 2014–0237 MCAI. This service information is the FAA Administrator. ‘‘Subtitle VII:
[http://ad.easa.europa.eu/blob/easa_ad_ reasonably available; see ADDRESSES for Aviation Programs,’’ describes in more
2014_0237.pdf/AD_2014-0237], retaining the ways to access this service information. detail the scope of the Agency’s
requirements of DGAC France AD 2001–362, authority.
which was superseded, to require FAA’s Determination and Requirements We are issuing this rulemaking under
replacement of Thales Avionics pitot probes of This Proposed AD the authority described in ‘‘Subtitle VII,
P/N C16195AA and P/N C16195BA. This product has been approved by Part A, Subpart III, Section 44701:
rmajette on DSK2TPTVN1PROD with PROPOSALS
The following related DGAC France ADs
the aviation authority of another General requirements.’’ Under that
were also cancelled by EASA AD 2014–0237,
without retaining any of their requirements: country, and is approved for operation section, Congress charges the FAA with
in the United States. Pursuant to our promoting safe flight of civil aircraft in
• AD 91–227–021R1 [http://
ad.easa.europa.eu/blob/easa_ad_91_227_ bilateral agreement with the State of air commerce by prescribing regulations
021R1.pdf/AD_91_227_021R1], that required Design Authority, we have been notified for practices, methods, and procedures
replacement of Titeflex hoses; and of the unsafe condition described in the the Administrator finds necessary for
• AD 2002–586R1 [http:// MCAI and service information safety in air commerce. This regulation
ad.easa.europa.eu/blob/easa_ad_2002_ referenced above. We are proposing this is within the scope of that authority
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![12096 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed Rules
because it addresses an unsafe condition (2) Airbus Model A319–111, –112, –113, effective date of this AD using the service
that is likely to exist or develop on –114, –115, –131, –132, and –133 airplanes. information identified in paragraph (i)(1)(i)
products identified in this rulemaking (3) Airbus Model A320–211, –212, –214, through (i)(1)(xxiv) of this AD. This service
–231, –232, and –233 airplanes. information is not incorporated by reference
action.
(4) Airbus Model A321–111, –112, –131, in this AD.
Regulatory Findings –211, –212, –213, –231, and –232 airplanes. (i) Airbus Service Bulletin A320–34–1170,
Revision 04, dated May 24, 2000.
We determined that this proposed AD (d) Subject (ii) Airbus Service Bulletin A320–34–1170,
would not have federalism implications Air Transport Association (ATA) of Revision 05, dated September 11, 2000.
under Executive Order 13132. This America Code 34, Navigation. (iii) Airbus Service Bulletin A320–34–
proposed AD would not have a 1170, Revision 06, dated October 18, 2001.
(e) Reason
substantial direct effect on the States, on (iv) Airbus Service Bulletin A320–34–
the relationship between the national This AD was prompted by reports of 1170, Revision 07, dated December 4, 2001.
airspeed indication discrepancies while (v) Airbus Service Bulletin A320–34–1170,
Government and the States, or on the
flying at high altitudes in inclement weather. Revision 08, dated January 15, 2003.
distribution of power and We are issuing this AD to prevent airspeed (vi) Airbus Service Bulletin A320–34–
responsibilities among the various indication discrepancies during inclement 1170, Revision 09, dated February 17, 2003.
levels of government. weather, which, depending on the prevailing (vii) Airbus Service Bulletin A320–34–
For the reasons discussed above, I altitude, could lead to unknown 1170, Revision 10, dated November 21, 2003.
certify this proposed regulation: accumulation of ice crystals and consequent (viii) Airbus Service Bulletin A320–34–
1. Is not a ‘‘significant regulatory reduced controllability of the airplane. 1170, Revision 11, dated August 18, 2004.
action’’ under Executive Order 12866; (f) Compliance (ix) Airbus Service Bulletin A320–34–
2. Is not a ‘‘significant rule’’ under the 1170, Revision 12, dated December 2, 2004.
DOT Regulatory Policies and Procedures Comply with this AD within the (x) Airbus Service Bulletin A320–34–1170,
compliance times specified, unless already
(44 FR 11034, February 26, 1979); Revision 13, dated January 18, 2005.
done.
3. Will not affect intrastate aviation in (xi) Airbus Service Bulletin A320–34–
Alaska; and (g) Replacement of Pitot Probes 1170, Revision 14, dated April 21, 2005.
4. Will not have a significant Within 48 months after the effective date (xii) Airbus Service Bulletin A320–34–
economic impact, positive or negative, of this AD: Replace any Thales pitot probe 1170, Revision 15, dated July 19, 2005.
on a substantial number of small entities having part number (P/N) C16195AA or P/N (xiii) Airbus Service Bulletin A320–34–
C16195BA, with a Goodrich pitot probe 1170, Revision 16, dated November 23, 2006.
under the criteria of the Regulatory (xiv) Airbus Service Bulletin A320–34–
Flexibility Act. having P/N 0851HL, in accordance with the
Accomplishment Instructions of Airbus 1170, Revision 17, dated February 14, 2007.
List of Subjects in 14 CFR Part 39 Service Bulletin A320–34–1170, Revision 28, (xv) Airbus Service Bulletin A320–34–
dated September 1, 2014. Accomplishing the 1170, Revision 18, dated October 9, 2009.
Air transportation, Aircraft, Aviation (xvi) Airbus Service Bulletin A320–34–
replacement in this paragraph terminates the
safety, Incorporation by reference, requirements of paragraph (f) of AD 2004– 1170, Revision 19, dated November 9, 2009.
Safety. 03–33, Amendment 39–13477 (69 FR 9936, (xvii) Airbus Service Bulletin A320–34–
March 3, 2004), for that airplane only. 1170, Revision 20, dated December 1, 2010.
The Proposed Amendment (xviii) Airbus Service Bulletin A320–34–
Accordingly, under the authority (h) Methods of Compliance for Replacement 1170, Revision 21, dated March 24, 2011.
delegated to me by the Administrator, (1) Replacement of the pitot probes in (xix) Airbus Service Bulletin A320–34–
the FAA proposes to amend 14 CFR part accordance with the Accomplishment 1170, Revision 22, dated July 19, 2011.
39 as follows: Instructions of Airbus Service Bulletin A320– (xx) Airbus Service Bulletin A320–34–
34–1456, Revision 01, dated May 15, 2012 1170, Revision 23, dated February 3, 2012.
PART 39—AIRWORTHINESS (pitot probes on the captain and standby (xxi) Airbus Service Bulletin A320–34–
sides); and Airbus Service Bulletin A320–34– 1170, Revision 24, dated April 12, 2012.
DIRECTIVES
1463, Revision 01, dated May 15, 2012 (pitot (xxii) Airbus Service Bulletin A320–34–
■ 1. The authority citation for part 39 probes on the first officer side); is an 1170, Revision 25, dated September 4, 2012.
acceptable method of compliance with the (xxiii) Airbus Service Bulletin A320–34–
continues to read as follows: 1170, Revision 26, dated September 16, 2013.
requirements of paragraph (g) of this AD.
Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Airplanes on which Airbus (xxiv) Airbus Service Bulletin A320–34–
Modification 25578 was embodied in 1170, Revision 27, dated March 18, 2014.
§ 39.13 [Amended] production, except for post-modification (2) This paragraph provides credit for the
■ 2. The FAA amends § 39.13 by adding 25578 airplanes on which Airbus replacement of pitot probes on the captain
the following new airworthiness Modification 155737 (installation of Thales and standby sides specified in paragraph
directive (AD): pitot probes) was also embodied in (h)(1) of this AD, if the replacement was
production, are compliant with the performed before the effective date of this AD
Airbus: Docket No. FAA–2015–0250; requirements of paragraph (g) of this AD, using Airbus Service Bulletin A320–34–1456,
Directorate Identifier 2014–NM–216–AD. dated December 2, 2009, which is not
provided it can be conclusively determined
(a) Comments Due Date that no Thales pitot probe having P/N incorporated by reference in this AD.
We must receive comments by April 20, C16195AA, P/N C16195BA, or P/N 50620–10 (3) This paragraph provides credit for the
2015. has been installed since the date of issuance replacement of pitot probes on the first
of the original certificate of airworthiness or officer side specified in paragraph (h)(1) of
(b) Affected ADs the date of issuance of the original export this AD, if those actions were performed
This AD affects AD 2004–03–33, certificate of airworthiness. Post-modification before the effective date of this AD using
Amendment 39–13477 (69 FR 9936, March 3, 25578 airplanes on which Airbus Airbus Service Bulletin A320–34–1463,
rmajette on DSK2TPTVN1PROD with PROPOSALS
2004). Modification 155737 (installation of Thales dated March 9, 2010, which is not
pitot probes) was also embodied in incorporated by reference in this AD.
(c) Applicability production must be in compliance with the
(j) Parts Installation Limitations
This AD applies to the airplanes identified requirements of paragraph (g) of this AD.
in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) (1) At the applicable time specified in
of this AD, certificated in any category, all (i) Credit for Previous Actions paragraph (j)(1)(i) or (j)(1)(ii) of this AD: No
manufacturer serial numbers. (1) This paragraph provides credit for the person may install on any airplane a Thales
(1) Airbus Model A318–111, –112, –121, actions required by paragraph (g) of this AD, pitot probe having P/N C16195AA or P/N
and –122 airplanes. if those actions were performed before the C16195BA.
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![Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Proposed Rules 12097
(i) For airplanes with a Thales pitot probe Issued in Renton, Washington, on February amend 26 CFR part 1 under section
having P/N C16195AA or P/N C16195BA 19, 2015. 1502 of the Internal Revenue Code
installed: After accomplishing the John P. Piccola, Jr., (Code). Section 1502 authorizes the
replacement required by paragraph (g) of this Acting Manager, Transport Airplane Secretary to prescribe regulations for
AD. Directorate, Aircraft Certification Service. corporations that join in filing a
(ii) For airplanes without a Thales pitot [FR Doc. 2015–04495 Filed 3–5–15; 8:45 am] consolidated return, and it expressly
probe having P/N C16195AA or P/N
BILLING CODE 4910–13–P provides that those rules may be
C16195BA installed: As of the effective date
of this AD.
different from the provisions of chapter
(2) As of the effective date of this AD, no 1 of subtitle A of the Code that would
person may install on any airplane a Thales DEPARTMENT OF THE TREASURY apply if those corporations filed
pitot probe having part number P/N 50620– separate returns. Terms used in the
10. Internal Revenue Service consolidated return regulations
generally are defined in § 1.1502–1.
(k) Other FAA AD Provisions 26 CFR Part 1 These proposed regulations provide
The following provisions also apply to this guidance under § 1.1502–76, which
AD: [REG–100400–14]
prescribes rules for determining the
(1) Alternative Methods of Compliance RIN 1545–BM14 taxable period in which items of
(AMOCs): The Manager, International income, gain, deduction, loss, and credit
Branch, ANM–116, Transport Airplane Guidance Regarding Reporting Income (tax items) of a corporation that joins in
Directorate, FAA, has the authority to and Deductions of a Corporation That filing a consolidated return are
approve AMOCs for this AD, if requested Becomes or Ceases To Be a Member included. Section 1.1502–76(b)
using the procedures found in 14 CFR 39.19. of a Consolidated Group provides, in part, that if a corporation
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local AGENCY: Internal Revenue Service (IRS), (S) becomes or ceases to be a member
Flight Standards District Office, as Treasury. of a consolidated group during a
appropriate. If sending information directly ACTION: Notice of proposed rulemaking.
consolidated return year, S must
to the International Branch, send it to ATTN: include in the consolidated return its
Sanjay Ralhan, Aerospace Engineer, SUMMARY: This document contains tax items for the period during which it
International Branch, ANM–116, Transport proposed amendments to the is a member. S also must file a separate
Airplane Directorate, FAA, 1601 Lind consolidated return regulations. These return (including a consolidated return
Avenue SW., Renton, WA 98057–3356; proposed regulations would revise the of another group) that includes its items
telephone 425–227–1405; fax 425–227–1149. rules for reporting certain items of for the period during which it is not a
Information may be emailed to: 9-ANM-116- income and deduction that are member.
AMOC-REQUESTS@faa.gov. Before using reportable on the day a corporation joins
any approved AMOC, notify your appropriate 2. Prior and Current Regulations
or leaves a consolidated group. The
principal inspector, or lacking a principal proposed regulations would affect such On September 8, 1966, the IRS and
inspector, the manager of the local flight the Treasury Department promulgated
corporations and the consolidated
standards district office/certificate holding regulations under § 1.1502–76 in TD
district office. The AMOC approval letter
groups that they join or leave.
DATES: Written or electronic comments 6894, 31 FR 11794 (1966 regulations).
must specifically reference this AD.
and requests for a public hearing must Section 1.1502–76(b) of the 1966
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective be received by June 4, 2015. regulations was silent regarding the
actions from a manufacturer, the action must treatment of S’s tax items that accrued
ADDRESSES: Send submissions to:
be accomplished using a method approved on the day S became or ceased to be a
CC:PA:LPD:PR (REG–100400–14), Room
by the Manager, International Branch, ANM– member of a consolidated group (S’s
5203, Internal Revenue Service, P.O.
116, Transport Airplane Directorate, FAA; or change in status). Thus, whether S’s tax
Box 7604, Ben Franklin Station,
the European Aviation Safety Agency items for the day of S’s change in status
Washington, DC 20044. Submissions
(EASA); or Airbus’s EASA Design should have been reflected on S’s tax
may be hand-delivered Monday through
Organization Approval (DOA). If approved by return for the short period ending with
the DOA, the approval must include the Friday between the hours of 8 a.m. and
S’s change in status, or whether these
DOA-authorized signature. 4 p.m. to CC:PA:LPD:PR (REG–100400–
tax items should have been reflected
14), Courier’s Desk, Internal Revenue
(l) Related Information instead on S’s tax return for the short
Service, 1111 Constitution Avenue NW.,
period beginning after S’s change in
(1) Refer to Mandatory Continuing Washington, DC, or sent electronically
Airworthiness Information (MCAI) EASA status, was unclear under the 1966
via the Federal eRulemaking Portal at
Airworthiness Directive 2014–0237R1, dated regulations.
http://www.regulations.gov/ (IRS REG–
December 5, 2014, for related information. On August 15, 1994, the IRS and the
100400–14).
This MCAI may be found in the AD docket Treasury Department published final
FOR FURTHER INFORMATION CONTACT: regulations (TD 8560; 59 FR 41666)
on the Internet at http://www.regulations.gov
by searching for and locating Docket No.
Concerning the proposed regulations, under § 1.1502–76(b) (current
FAA–2015–0250. Russell G. Jones, (202) 317–6847; regulations) that revised the 1966
(2) For service information identified in concerning the submission of comments regulations to eliminate uncertainty
this AD, contact Airbus, Airworthiness or to request a public hearing, regarding the treatment of tax items
Office—EIAS, 1 Rond Point Maurice Oluwafunmilayo (Funmi) P. Taylor, recognized by S on the day of S’s change
(202) 317–6901 (not toll-free numbers).
rmajette on DSK2TPTVN1PROD with PROPOSALS
Bellonte, 31707 Blagnac Cedex, France; in status. Under the general rule of
telephone +33 5 61 93 36 96; fax +33 5 61 SUPPLEMENTARY INFORMATION: § 1.1502–76(b)(1)(ii)(A)(1) of the current
93 44 51; email account.airworth-eas@
airbus.com; Internet http://www.airbus.com. Background and Explanation of regulations (current end of the day rule),
You may view this service information at the Provisions S is treated for all federal income tax
FAA, Transport Airplane Directorate, 1601 purposes as becoming or ceasing to be
1. Introduction a member of a consolidated group at the
Lind Avenue SW., Renton, WA. For
information on the availability of this This notice of proposed rulemaking end of the day of S’s change in status,
material at the FAA, call 425–227–1221. contains proposed regulations that and S’s tax items that are reportable on
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Document Created: 2018-02-21 09:33:04
Document Modified: 2018-02-21 09:33:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by April 20, 2015. | |
| Contact | Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. | |
| FR Citation | 80 FR 12094 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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