[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18485-18488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08649]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0300; Product Identifier 2017-NM-134-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 adopt a new airworthiness directive (AD) for 
certain Airbus Model A318, A319, and A320 series airplanes; and Model 
A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -253N, and -
271N airplanes. This proposed AD was prompted by a revision of an 
airworthiness limitations document that specifies more restrictive 
maintenance requirements and airworthiness limitations. This proposed 
AD would require revising the maintenance or inspection program, as 
applicable, to incorporate revised fuel airworthiness limitations. We 
are proposing this AD to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by June 11, 2018.

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.

[[Page 18486]]

     Hand Delivery: Deliver to Mail address above 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 service information at the FAA, 
Transport Standards Branch, 2200 South 216th Street, Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

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-2018-
0300; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South 
216th Street, Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0300; 
Product Identifier 2017-NM-134-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

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 2017-0169, dated September 7, 2017 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A318, A319, and A320 series airplanes; and Model A321-111, -112, -131, 
-211, -212, -213, -231, -232, -251N, -253N, and -271N airplanes. The 
MCAI states:

    The Fuel Airworthiness Limitations (FAL) for Airbus A320 family 
aeroplanes, which are approved by EASA, are currently defined and 
published in the Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 5 document. These instructions have 
been identified as mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in a fuel 
tank explosion and consequent loss of the aeroplane.
    * * * the Federal Aviation Administration (FAA) published 
Special Federal Aviation Regulation (SFAR) 88, and the Joint 
Aviation Authorities (JAA) published interim Policy INT/POL/25/12. 
In response to these regulations, Airbus conducted a design review 
to develop FAL for Airbus A320 family aeroplanes.
    The FAL were specified in Airbus A318/A319/A320/A321 FAL 
document ref. 95A.1931/05 at issue 04 for A318/A319/A320/A321 
aeroplanes. This document was approved by EASA and is now referenced 
in Airbus A318/A319/A320/A321 ALS Part 5 to comply with EASA policy 
statement (EASA D2005/CPRO).
    Previously, EASA issued AD 2014-0260 [which corresponds to FAA 
AD 2016-20-12, Amendment 39-18678 (81 FR 72507, October 20, 2016) 
(``AD 2016-20-12'')] to require accomplishment of all FAL-related 
actions as described in ALS Part 5 at Revision 01. ALS Part 5 
Revision 02 and 03 were not mandated because no significant changes 
were introduced with these Revisions. The new ALS Part 5 Revision 04 
(hereafter referred to as `the ALS' in this [EASA] AD) includes new 
and/or more restrictive requirements and extends the applicability 
to model A320-251N, A320-271N, A321-251N, A321-253N and A321-271N 
aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2014-0260, which is superseded, and requires 
implementation of the actions specified in the ALS.

    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-2018-
0300.

Relationship of This Proposed AD to AD 2016-20-12

    This NPRM would not supersede AD 2016-20-12. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require revising the 
maintenance or inspection program to incorporate the new maintenance 
requirements and airworthiness limitations. Accomplishment of the 
proposed actions would then terminate all requirements of AD 2016-20-
12.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 5 Fuel Airworthiness Limitations (FAL), 
Revision 04, dated April 6, 2017. This service information describes 
fuel system airworthiness limitations. 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 the same 
type designs.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and CDCCLs 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 according to paragraph (j)(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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Airbus maintenance documentation. However, this proposed AD does 
not include that requirement.

[[Page 18487]]

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 type certificate 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 alternative methods 
of compliance (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 Airbus Model A318, A319, 
and A320 series airplanes; and Model A321-111, -112, -131, -211, -212, 
-213, -231, -232, -251N, -253N, and -271N airplanes 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 1,250 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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-2018-0300; Product Identifier 2017-NM-134-AD.

[[Page 18488]]

(a) Comments Due Date

    We must receive comments by June 11, 2018.

(b) Affected ADs

    This AD affects AD 2016-20-12, Amendment 39-18678 (81 FR 72507, 
October 20, 2016) (``AD 2016-20-12'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (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 April 6, 2017.
    (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, -216, -231, -232, -233, -251N, 
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -253N, and -271N airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a revision of an airworthiness 
limitations document that specifies more restrictive maintenance 
requirements and airworthiness limitations. We are issuing this AD 
to prevent the potential of ignition sources inside fuel tanks, 
which, in combination with flammable fuel vapors, could result in a 
fuel tank explosion and consequent loss of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 5 Fuel Airworthiness Limitations (FAL), Revision 04, dated 
April 6, 2017. The initial compliance times for new or revised tasks 
are the minimum intervals or times specified in Airbus A318/A319/
A320/A321 Airworthiness Limitations Section (ALS) Part 5 Fuel 
Airworthiness Limitations (FAL), Revision 04, dated April 6, 2017, 
or within 30 days after the effective date of this AD, whichever 
occurs later.

(h) No Alternative Actions, Intervals, or Critical Design Configuration 
Control Limitations (CDCCLs)

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2016-20-12

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2016-20-12.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0169, dated September 7, 
2017, 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-2018-0300.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone and fax 206-231-3223.
    (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 Standards Branch, 2200 South 216th Street, Des Moines, WA. 
For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on April 11, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-08649 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-13-P