[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41658-41661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16815]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0449; Directorate Identifier 2013-NM-259-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 series airplanes, Model A319 series airplanes, Model 
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321 
series airplanes. This proposed AD was prompted by a report of a 
circumferential crack at the gland retaining-ring groove of certain 
retraction actuators on the main landing gear (MLG). This proposed AD 
would require an inspection to identify the part numbers of MLG 
retraction actuators and replacement of certain MLG retraction 
actuators. We are proposing this AD to prevent MLG retraction actuator 
failure that could prevent the full extension and/or down-locking of 
the MLG, possibly resulting in MLG collapse during landing or rollout, 
and consequent damage to the airplane and injury to the occupants.

DATES: We must receive comments on this proposed AD by September 2, 
2014.

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-

[[Page 41659]]

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-2014-
0449; 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-2014-0449; 
Directorate Identifier 2013-NM-259-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0283R1, dated December 9, 2013 [Corrected 
December 11, 2013] (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

During routine pre-flight inspection of an Airbus A319, a hydraulic 
fluid leak was detected, coming from the retraction actuator of the 
main landing gear (MLG). The results of subsequent investigations 
revealed that a galvanic difference between materials induced an 
internal corrosion which was the crack initiator of the component. 
Actuators from 201590 series were identified as potentially 
affected, unless inspected and corrected during MLG overhaul.
This condition, if not detected and corrected, could lead to 
retraction actuator failure, preventing the full extension and/or 
down-locking of the MLG, possibly resulting in MLG collapse during 
landing or rollout and consequent damage to the aeroplane and injury 
to occupants.
To address this potential unsafe condition, Airbus published Service 
Bulletin (SB) A320-32-1408, providing instructions to identify and 
replace the affected actuators that have already exceeded 20,000 
flight cycles (FC) or 10 years of operation since new, or since last 
overhaul.
For the reason described above, EASA AD 2013-0283 was issued to 
require a one-time identification and replacement of each affected 
MLG retraction actuator.
* * * * *

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0449.

Relevant Service Information

    Airbus has issued Service Bulletin A320-32-1408, dated July 22, 
2013. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the other NPRM, Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the

[[Page 41660]]

accomplishment of an AD-mandated action. The Airworthy Product 
paragraph does not approve messages or other information provided by 
the manufacturer for deviations to the requirements of the AD-mandated 
actions. The Airworthy Product paragraph only addresses the requirement 
to contact the manufacturer for corrective actions for the identified 
unsafe condition and does not cover deviations from other AD 
requirements. However, deviations to AD-required actions are addressed 
in 14 CFR 39.17, and anyone may request the approval for an alternative 
method of compliance to the AD-required actions using the procedures 
found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this proposed AD to obtain 
corrective actions from a manufacturer, the action must be accomplished 
using a method approved by the FAA, the European Aviation Safety Agency 
(EASA), or Airbus's EASA DOA. Where necessary throughout this proposed 
AD, we also replaced any reference to approvals of corrective actions 
with a reference to the Contacting the Manufacturer paragraph.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
`manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S. 
registry.
    We also estimate that it would take about 11 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 
$36,135 per MLG actuator. Based on these figures, we estimate the cost 
of this proposed AD on U.S. operators to be $31,546,570, or $37,070 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.

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-2014-0449; Directorate Identifier 2013-NM-
259-AD.

(a) Comments Due Date

    We must receive comments by September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs 
(c)(1) through (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 32, Landing 
Gear.

(e) Reason

    This AD was prompted by a report of a circumferential crack at 
the gland retaining-ring groove of certain retraction actuators on 
the main landing gear (MLG). We are issuing this AD to prevent MLG 
retraction actuator failure that could prevent the full extension 
and/or down-locking of the MLG, possibly resulting in MLG collapse 
during landing or rollout, and consequent damage to the airplane and 
injury to the occupants.

(f) Compliance

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

(g) Inspection To Determine Part Number (P/N) and Time-in-Service

    Within 18 months after the effective date of this AD: Do an 
inspection of each MLG retraction actuator to determine whether the 
actuator has P/N 201590001, 201590002, 201590002-010, 201590002-020, 
201590003;

[[Page 41661]]

and to determine the time-in-service accumulated on actuators having 
those part numbers. The actuator flight cycles and calendar time are 
those accumulated since first installation on an airplane, or since 
last actuator overhaul, or since the most recent accomplishment of 
the actions described in Maintenance Review Board Review (MRBR) Task 
321147-01-1, whichever occurs latest. A review of airplane delivery 
or maintenance records is acceptable, provided that the actuator 
part number and time-in-service can be conclusively identified from 
that review.

(h) MLG Actuator Replacement

    At the applicable time specified in paragraphs (h)(1) and (h)(2) 
of this AD: Replace each MLG actuator having a part number 
identified in paragraph (g) of this AD with a new or serviceable 
actuator, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-32-1408, dated July 22, 2013. The 
actuator flight cycles and calendar time specified in paragraphs 
(h)(1) and (h)(2) of this AD are those accumulated since first 
installation on an airplane, or since last actuator overhaul, or 
since doing the actions described in MRBR Task 321147-01-1; 
whichever occurs later.
    (1) For actuators with accumulated time-in-service equal to or 
more than 20,000 flight cycles or 10 years as of the effective date 
of this AD: Within 18 months after the effective date of this AD.
    (2) For actuators with accumulated time-in-service less than 
20,000 flight cycles and 10 years as of the effective date of this 
AD: Before the accumulation of 10 years since first installation on 
an airplane.

(i) MLG Actuator Replacement With Unknown Time-in-Service

    Within 18 months after the effective date of this AD: Replace 
each MLG retraction actuator having a part number specified in 
paragraph (g) of this AD, and for which the in-service history is 
unknown, with a new or serviceable actuator, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-32-1408, 
dated July 22, 2013.

(j) Exception to Paragraphs (g), (h), and (i) of This AD

    An airplane that does not have Airbus Modification 26644 or 
Modification 150820 (for all airplane models), or Modification 27151 
(for Model A321 series airplanes), applied in production, as 
applicable, is not affected by the requirements of paragraphs (g), 
(h), and (i) of this AD, provided that it can be conclusively 
determined that no MLG retraction actuator having a part number 
identified in paragraph (g) of this AD has been installed on that 
airplane since first flight.

(k) Parts Installation Limitation

    As of the effective date of this AD, installation of an MLG 
retraction actuator having a part number identified in paragraph (g) 
of this AD is allowed, provided that the MLG retraction actuator has 
not accumulated or exceeded 20,000 flight cycles or 10 years since 
new; or 20,000 flight cycles or 10 years since last actuator 
overhaul.

(l) 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.

(m) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be modified (if the operator elects to do so), provided the MLG 
remains extended.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 
Airworthiness Directive 2013-0283R1, dated December 9, 2013, 
[Corrected December 11, 2013] 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 it in Docket No. 
FAA-2014-0449.
    (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 July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16815 Filed 7-16-14; 8:45 am]
BILLING CODE 4910-13-P