[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Proposed Rules]
[Pages 55830-55833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0554; Product Identifier 2018-NM-064-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS

AGENCY: Federal Aviation Administration (FAA), DOT.

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

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SUMMARY: We are revising an earlier proposal, which would have applied 
to certain Airbus SAS Model A318 series airplanes; Model A319 series 
airplanes; Model A320 series airplanes; and Model A321-111, -112, -131, 
-211, -212, -213, -231, -232, -251N, -253N, and -271N airplanes. This 
action revises the notice of proposed rulemaking (NPRM) by including 
revised restrictive requirements and adding airplanes to the 
applicability. We are proposing this airworthiness directive (AD) to 
address the unsafe condition on these products. Since these actions 
impose an additional burden over those proposed in the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on July 17, 2018 (83 FR 33159), is reopened.
    We must receive comments on this SNPRM by December 24, 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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room

[[Page 55831]]

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 
SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 
31700 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 Standards Branch, 2200 South 216th St., 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-
0554; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this SNPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., 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-2018-0554; 
Product Identifier 2018-NM-064-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM 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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus SAS Model A318 series airplanes; Model 
A319 series airplanes; Model A320 series airplanes; and Model A321-111, 
-112, -131, -211, -212, -213, -231, -232, -251N, -253N, and -271N 
airplanes. The NPRM published in the Federal Register on July 17, 2018 
(83 FR 33159). The NPRM was prompted by a revision of an airworthiness 
limitation item (ALI) document, which requires more restrictive 
maintenance requirements and airworthiness limitations. The NPRM 
proposed to require revising the maintenance or inspection program, as 
applicable, to incorporate new maintenance requirements and 
airworthiness limitations.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that new or more 
restrictive requirements in revised service information are necessary, 
and that the identified unsafe condition also exists or may develop on 
Airbus SAS Model A321-251NX, -252N, -252NX, -253NX, -271NX, -272N, and 
-272NX airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0180, dated August 27, 2018 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus SAS Model A318 series 
airplanes; Model A319 series airplanes; Model A320 series airplanes; 
and Model A321 series airplanes. The MCAI states:

    The airworthiness limitations for the Airbus A320 family 
aeroplanes, which are approved by EASA, are currently defined and 
published in the A318/A319/A320/A321 ALS [Airworthiness Limitations 
Section] document(s). The airworthiness limitations applicable to 
the Certification Maintenance Requirements (CMR), which are approved 
by EASA, are published in ALS Part 3.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2017-0168 to require accomplishment 
of all maintenance tasks as described in ALS Part 3 at Revision 05.
    Since that [EASA] AD was issued, Airbus published the ALS, 
including new and/or more restrictive requirements, and new A321 
models were certified and added to the Applicability of the ALS.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0168, which is superseded, expands the 
Applicability and requires accomplishment 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-
0554.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 3, Certification Maintenance 
Requirements (CMR), Revision 06, dated June 13, 2018. 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.

Request To Revise Language Regarding Previously Approved Alternative 
Methods of Compliance (AMOCs)

    Delta Air Lines (DAL) contended that the language used in paragraph 
(j)(ii) of the proposed AD is inaccurate. DAL pointed out that the 
phrase ``that require incorporation'' in paragraph (j)(ii) of the 
proposed AD should be revised to ``that allow incorporation,'' on the 
basis that AMOCs do not require alternative actions, but instead allow 
them.
    We agree with the commenter's request based on the reasons stated. 
We have revised paragraph (j)(ii) of this AD to use the word ``allow'' 
instead of ``require.''

Request To Use Later Revisions of Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR)

    DAL proposed revising paragraph (j)(ii) of the proposed AD to add a 
provision that allows the use of corresponding later approved EASA 
revisions and variations of the Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR).
    We disagree with the commenters' requests. We cannot use the 
phrase, ``or later approved revisions,'' in an AD when referring to the 
service information because doing so violates Office of the Federal 
Register (OFR) regulations for approval of materials ``incorporated by 
reference'' in rules. In general terms, we are required by these OFR 
regulations to either publish the service document contents as part of 
the actual AD language; or submit the service document to the OFR for 
approval as ``referenced'' material, in which case we may only refer to 
such material in the text of an AD. The AD may refer to the service 
document only

[[Page 55832]]

if the OFR approved it for ``incorporation by reference.'' To allow 
operators to use later revisions of the referenced document (issued 
after publication of the AD), either we must revise the AD to reference 
specific later revisions, or operators must request approval to use 
later revisions as an alternative method of compliance (AMOC) with this 
AD under the provisions of paragraph (j)(1) of this AD. We have not 
changed this AD in this regard.

FAA's Determination and Proposed Requirements of This SNPRM

    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.
    This proposed AD would require revising the maintenance or 
inspection program to incorporate new or revised airworthiness 
limitation requirements, as specified in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 3, Certification 
Maintenance Requirements (CMR), Revision 06, dated June 13, 2018. The 
applicability of this proposed AD would also include Airbus SAS Model 
A321-251NX, -252N, -252NX, -253NX, -271NX, -272N, and -272NX airplanes.
    Certain changes described above expand the scope of the NPRM. 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 SNPRM.

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 and associated appliances 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 SAS: Docket No. FAA-2018-0554; Product Identifier 2018-NM-
064-AD.

(a) Comments Due Date

    We must receive comments by December 24, 2018.

(b) Affected ADs

    This AD affects AD 2017-25-04, Amendment 39-19118 (82 FR 58098, 
December 11, 2017) (``AD 2017-25-04'').

(c) Applicability

    This AD applies to the Airbus SAS 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 June 13, 2018.
    (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, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, 
and -272NX 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 
limitation item (ALI) document, which requires more restrictive 
maintenance requirements and airworthiness limitations. We are 
issuing this AD to address 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.

[[Page 55833]]

(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 the 
information specified in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 3, Certification Maintenance 
Requirements (CMR), Revision 06, dated June 13, 2018 (``ALS Part 3, 
CMR, R6''). The initial compliance time for accomplishing the tasks 
specified in ALS Part 3, CMR, R6, is at the applicable time 
specified in ALS Part 3, CMR, R6, or within 90 days after the 
effective date of this AD, whichever occurs later.

(h) Terminating Actions for AD 2017-25-04

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all of the requirements of AD 2017-25-04.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program, as applicable, has 
been revised as 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 (j)(1) of this AD.

(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].
    (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 2017-25-04, or AD 2014-22-
08, Amendment 39-18013 (79 FR 67042, November 12, 2014), that allow 
incorporation of ALS Part 3, CMR, R6, are considered approved as 
AMOCs for the corresponding provisions of 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 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

 (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0180, dated August 27, 2018, 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-2018-0554.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine 
No: 2, 31700 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 St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on October 30, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-24393 Filed 11-7-18; 8:45 am]
 BILLING CODE 4910-13-P