[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Proposed Rules]
[Pages 29016-29019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0625; Directorate Identifier 2016-NM-089-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-22-
08, for all Airbus Model A318 and A319 series airplanes; Model A320-
211, -212, -214, -231, -232, and -233 airplanes: and Model A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2014-22-08 
requires revising the maintenance or inspection program to incorporate 
new or revised airworthiness limitation requirements. Since we issued 
AD 2014-22-08, we have determined that more restrictive maintenance 
instructions and airworthiness limitations are necessary. This proposed 
AD would require revising the maintenance or inspection program to 
incorporate new or revised airworthiness limitation requirements. The 
proposed AD also removes airplanes from the applicability. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 11, 2017.

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 NPRM, 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-2017-
0625; 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-2017-0625; 
Directorate Identifier 2016-NM-089-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

    On October 28, 2014, we issued AD 2014-22-08, Amendment 39-18013 
(79 FR 67042, November 12, 2014) (``AD 2014-22-08''), for all Airbus 
Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, 
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. AD 2014-22-08 was prompted by a 
determination that more restrictive airworthiness limitations were 
necessary. AD 2014-22-08 requires revising the maintenance or 
inspection program as applicable. We issued AD 2014-22-08 to prevent a 
safety-significant latent failure (which is not annunciated), which, in 
combination with one or more other specific failures or events, would 
result in a hazardous or catastrophic failure condition. Since we 
issued AD 2014-22-08, we have determined that more restrictive 
maintenance instructions and airworthiness limitations are necessary.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0092, dated May 13, 2016 (referred to 
after this as the

[[Page 29017]]

Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus Model A318 and A319 series 
airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; 
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes. The MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes 
are currently defined and published in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) documents. The airworthiness 
limitations applicable to the Certification Maintenance Requirements 
(CMR), which are approved by EASA, are published in ALS Part 3.
    The instructions contained in the ALS Part 3 have been 
identified as mandatory actions for continued airworthiness. Failure 
to comply with these instructions could result in an unsafe 
condition.
    Previously, EASA issued AD 2013-0148 [which corresponds to FAA 
AD 2014-22-08] to require accomplishment of all maintenance tasks as 
described in ALS Part 3 at Revision 01. The new ALS Part 3 Revision 
03 (hereafter referred to as `the ALS' in this [EASA] AD) includes 
new and/or more restrictive requirements.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0148, which is superseded, and requires 
accomplishment of all maintenance tasks as described in the ALS.

    The unsafe condition is a safety-significant latent failure (that 
is not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition. 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-2017-0625.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A318/A319/A320/A321 ALS Part 3 CMR, 
Revision 03, dated December 21, 2015. The service information describes 
maintenance instructions and airworthiness limitations, including 
updated inspections and intervals to be incorporated into the 
maintenance or inspection program. This service information 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.

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.
    This proposed AD would require revising the maintenance or 
inspection program to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (k)(1) of this proposed AD. The request should include a 
description of changes to the required inspections that will ensure the 
continued operational safety of the airplane.

Difference Between This Proposed AD and the MCAI

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, then corrective action must be accomplished in 
accordance with Airbus maintenance documentation. However, this 
proposed AD does not include that requirement. Operators of U.S.-
registered airplanes are required by general airworthiness and 
operational regulations to perform maintenance using methods that are 
acceptable to the FAA. We consider those methods to be adequate to 
address any corrective actions necessitated by the findings of ALS 
inspections required by this proposed AD.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a TC is issued for a type design, the specific ALS, including 
revisions, is a part of that type design, as specified in 14 CFR 
21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved AMOCs that allow 
operators to incorporate the most recent ALS revision into their 
maintenance/inspection programs, in lieu of the ALS revision required 
by the AD. This eliminates the conflict and enables the operator to 
comply with both the AD and the type design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This proposed AD, therefore, would apply to the airplanes 
identified in paragraph (c) of this AD with an original certificate of 
airworthiness or original export certificate of airworthiness that was 
issued on or before the date of approval of the ALS revision identified 
in this proposed AD. Operators of airplanes with an original 
certificate of airworthiness or original export certificate of 
airworthiness issued after that date must comply with the airworthiness 
limitations specified as part of the approved type design and 
referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 1,032 airplanes of U.S. 
registry.
    The actions required by AD 2014-22-08, and retained in this 
proposed AD

[[Page 29018]]

take about 1 work-hour per product, at an average labor rate of $85 per 
work-hour. Based on these figures, the estimated cost of the actions 
that are required by AD 2014-22-08 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $87,720, or $85 
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 removing Airworthiness Directive (AD) 
2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014), and 
adding the following new AD:

Airbus: Docket No. FAA-2017-0625; Directorate Identifier 2016-NM-
089-AD.

(a) Comments Due Date

    We must receive comments by August 11, 2017.

(b) Affected ADs

    This AD replaces AD 2014-22-08, Amendment 39-18013 (79 FR 67042, 
November 12, 2014) (``AD 2014-22-08'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any 
category, with an original certificate of airworthiness or original 
export certificate of airworthiness issued on or before December 21, 
2015.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance instructions and airworthiness limitations are 
necessary. We are issuing this AD to prevent a safety-significant 
latent failure (that is not annunciated), which, in combination with 
one or more other specific failures or events, could result in a 
hazardous or catastrophic failure condition.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With New 
Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2014-22-08, with new terminating action. Within 30 days after 
December 17, 2014 (the effective date of AD 2014-22-08), revise the 
maintenance or inspection program, as applicable, by incorporating 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Revision 1, 
dated June 15, 2012. The initial compliance time for accomplishing 
the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, CMR, 
Revision 1, dated June 15, 2012, is at the applicable time specified 
in the Record of Revisions of Airbus A318/A319/A320/A321 ALS Part 3, 
CMR, Revision 1, dated June 15, 2012; or within 30 days after 
December 17, 2014, whichever occurs later. Accomplishing the actions 
specified in paragraph (i) of this AD terminates the requirements of 
this paragraph.

(h) Retained Provision Regarding Alternative Actions and Intervals, 
With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2014-22-08, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revisions required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (k)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A318/A319/A320/A321 ALS Part 3 CMR, Revision 03, dated 
December 21, 2015 (``ALS Part 3 CMR, R3''). The initial compliance 
time for accomplishing the tasks specified in ALS Part 3 CMR, R3, is 
at the applicable time specified in ALS Part 3 CMR, R3, or within 30 
days after the effective date of this AD, whichever occurs later. 
Accomplishing the actions specified in this paragraph terminates the 
requirements of paragraph (g) of this AD.

(j) New Provision Regarding No Alternative Actions or Intervals

    After the action required by paragraph (i) of this AD has been 
done, no alternative actions (e.g., inspections) or intervals may be 
used unless the actions or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(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

[[Page 29019]]

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 International Branch, 
send it to the attention of the person identified in paragraph 
(l)(2) of this AD. Information may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2014-22-08 are approved as 
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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 2016-0092, dated May 13, 2016, 
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-2017-0625.
    (2) For more information about this AD, 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.
    (3) 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 June 20, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-13365 Filed 6-26-17; 8:45 am]
 BILLING CODE 4910-13-P