[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Proposed Rules]
[Pages 34283-34285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1167; Directorate Identifier 2011-NM-058-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Airbus Model A319 and A320 series airplanes. That NPRM 
proposed to require modification of the off-wing escape slide (OWS) 
enclosures on both sides. That NPRM was prompted by a report of a torn 
out aspirator due to the aspirator interfering with the extrusion lip 
of the OWS enclosure during the initial stage of the deployment 
sequence. This action revises that NPRM by adding an airplane model to 
the applicability. We are proposing this AD to prevent both off-wing 
exits from being inoperative, which, during an emergency, would impair 
the safe evacuation of occupants, possibly resulting in personal 
injuries. Since this action imposes an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this proposed AD by July 26, 2012.

ADDRESSES: You may send comments 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--EAS, 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 review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. 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; or in person at the Docket Operations office 
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, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

[[Page 34284]]


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-2011-1167; 
Directorate Identifier 2011-NM-058-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy 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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
November 2, 2011 (76 FR 67625). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for certain Airbus 
Model A319 and A320 series airplanes.

Comments

    We have considered the following comment received on the earlier 
NPRM (76 FR 67625, November 2, 2011).

Request To Revise the Applicability of the NPRM (76 FR 67625, November 
2, 2011)

    Airbus requested we revise the applicability of the NPRM (76 FR 
67625, November 2, 2011) to include Model A318 series airplanes, which 
would match the applicability specified in EASA Airworthiness Directive 
(AD) 2010-0210, dated October 21, 2010 (corrected October 27, 2010). 
Airbus stated that the applicability of the EASA AD identifies all 
airplane models that have been certified with the capability to be 
fitted with Air Cruisers/Aerazur part number (P/N) D31865-109, -110, -
209, or -210 OWS, which are the only OWS affected by the identified 
unsafe condition.
    Airbus added that some airplanes that were delivered with Airbus 
Modification 30088 and are currently in service could be fitted with 
one of those four OWS by the time the FAA AD becomes effective, and 
this explains why Model A318 series airplanes were included in the 
applicability of the EASA AD despite the fact that no Model A318 series 
airplane was delivered with an affected OWS. Airbus noted that the 
reason Model A318 series airplanes were not included in the Airbus 
service information is because its effectivity is based on aircraft 
configuration at the time of production delivery.
    We concur with the commenter's request. For the reasons provided by 
the commenter, we have revised paragraph (c) of this supplemental NPRM 
to include Model A318 series airplanes and to remove the reference to 
airplanes delivered with Airbus Modification 30088.

Request To Revise Paragraph (h) of the NPRM (76 FR 67625, November 2, 
2011)

    Airbus noted that paragraph (h) of the NPRM (76 FR 67625, November 
2, 2011) is more restrictive than the equivalent paragraphs in the EASA 
AD.
    We agree. We find that paragraph (h) of the NPRM (76 FR 67625, 
November 2, 2011) need not be more restrictive than that of the EASA AD 
with regard to the time for allowing spare parts to be installed. We 
have revised that paragraph to prohibit installation of spare parts 
``after accomplishing the modification required by paragraph (g) of 
this AD.'' However, paragraph (4) of EASA AD 2010-0210, dated October 
21, 2010 (corrected October 27, 2010), does not apply to the airplanes 
identified in the applicability of this supplemental NPRM.

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 the same 
type design.
    Certain changes described above expand the scope of the earlier 
NPRM (76 FR 67625, November 2, 2011). As a result, we have determined 
that it is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 694 products of U.S. registry. We also estimate that 
it would take about 14 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 $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $825,860, or $1,190 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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with

[[Page 34285]]

this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

AIRBUS: Docket No. FAA-2011-1167; Directorate Identifier 2011-NM-
058-AD.

(a) Comments Due Date

    We must receive comments by July 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122 
airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes; and Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; certificated in any category; all manufacturer serial 
numbers; except for airplanes on which off-wing escape slides (OWS) 
having part numbers (P/N) D31865-111 and P/N D31865-112 are 
installed.

(d) Subject

    Air Transport Association (ATA) of America Code 25: Equipment/
Furnishings.

(e) Reason

    This AD was prompted by a report of a torn out aspirator due to 
the aspirator interfering with the extrusion lip of the OWS 
enclosure during the initial stage of the deployment sequence. We 
are issuing this AD to prevent both off-wing exits from being 
inoperative, which, during an emergency, would impair the safe 
evacuation of occupants, possibly resulting in personal injuries.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Modification

    Within 36 months after the effective date of this AD, modify 
both left-hand and right-hand OWS enclosures, in accordance with the 
instructions in Airbus Service Bulletin A320-25-1649, dated February 
16, 2010.

(h) Parts Installation

    After accomplishing the modification required by paragraph (g) 
of this AD, no person may install an OWS having P/N D31865-109, P/N 
D31865-110, P/N D31865-209, or P/N D31865-210 on that airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs):
    The Manager, International Branch, ANM-116, 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, Washington 
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) Airworthy Product:
    For any requirement in this AD to obtain corrective actions from 
a manufacturer or other source, use these actions if they are FAA-
approved. Corrective actions are considered FAA-approved if they are 
approved by the State of Design Authority (or their delegated 
agent). You are required to assure the product is airworthy before 
it is returned to service.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0210, dated October 21, 2010 (corrected 
October 27, 2010); and Airbus Service Bulletin A320-25-1649, dated 
February 16, 2010; for related information.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14068 Filed 6-8-12; 8:45 am]
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