[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Rules and Regulations]
[Pages 67680-67683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28419]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-1065; Product Identifier 2018-NM-170-AD; Amendment
39-19539; AD 2018-26-08]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A320-214, A320-232, A320-233, A321-211 and A321-231
airplanes. This AD was prompted by an investigation that revealed that
the outer cylinder of a certain ram air turbine (RAT) actuator was not
properly deburred in accordance with manufacturing specifications. This
AD requires a replacement of affected RAT actuators. We are issuing
this AD to address the unsafe condition on these products.
DATES: This AD becomes effective January 15, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 15,
2019.
We must receive comments on this AD by February 14, 2019.
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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the incorporation by reference (IBR) material described in the
``Related IBR Material Under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact European Aviation Safety Agency (EASA), Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000;
email [email protected]; internet www.easa.europa.eu. You may find
this IBR material on the EASA website at https://ad.easa.europa.eu. You
may view this IBR material 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. It is also available in
the AD docket on the internet at http://www.regulations.gov.
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-
1065; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (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 St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0256, dated November 28, 2018
(``EASA AD 2018-0256'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-214, A320-232, A320-233,
A321-211 and A321-231 airplanes. The MCAI states:
During acceptance test of a RAT actuator P/N [part number]
764711C at the manufacturer's facility, it failed to extend.
Investigation results revealed that the actuator outer cylinder had
not been properly de-burred in accordance with the manufacturing
specifications. This caused blockage of the hydraulic circuit by
metallic parts, preventing the RAT from extending.
This condition, if not corrected, could lead to failure of RAT
deployment when required, possibly resulting in reduced control of
the aeroplane.
To address this potential unsafe condition, Airbus issued the SB
[Airbus Service Bulletin A320-29-1175, Revision 01, dated February
16, 2018], identifying the affected parts and providing instructions
for replacement, and Hamilton Sundstrand, manufacturer of the RAT
actuator, issued the repair SB [UTC
[[Page 67681]]
Aerospace Systems Service Bulletin ERPS08A-29-6, dated August 29,
2016] providing instructions for repair and reidentification.
For the reasons described above, this [EASA] AD requires
replacement of the affected parts with serviceable parts.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0256 describes procedures for replacing affected RAT
actuators with serviceable RAT actuators. This material 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, and it is publicly available through the EASA
website.
FAA's Determination
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 referenced
above. We are issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2018-0256 described previously. This AD also requires sending the
inspection results to Airbus SAS.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0256 will be incorporated by reference in the FAA final
rule. This AD would, therefore, require compliance with the provisions
specified in EASA AD 2018-0256, except for any differences identified
as exceptions in the regulatory text of this AD. Service information
specified in EASA AD 2018-0256 that is required for compliance with
EASA AD 2018-0256 will be available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1065 after the FAA final rule is published.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because failure to deploy the RAT during certain emergency conditions
for generation of hydraulic or electrical power may result in reduced
control of the airplane. Therefore, we find good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, we find that good cause exists for making
this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-1065; Product
Identifier 2018-NM-170-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.
Costs of Compliance
We estimate that this AD affects 7 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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11 work-hours x $85 per hour = $935.......................... $0 $935 $6,545
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Estimated Costs of On-Condition Actions *
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Cost per
Labor cost Parts cost product
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17 work-hours x $85 per hour = $1,445. $0 $1,445
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* Table does not include estimated costs for reporting.
We estimate that it would take about 1 work-hour per product to
comply with the on-condition reporting requirement in this AD. The
average labor rate is $85 per hour. Based on these figures, we estimate
the cost of reporting the replacement on U.S. operators to be $85 per
product.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing
[[Page 67682]]
instructions, as well as completing and reviewing the collection of
information. Therefore, all reporting associated with this AD is
mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to the FAA at
800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.
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 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):
2018-26-08 Airbus SAS: Amendment 39-19539; Docket No. FAA-2018-1065;
Product Identifier 2018-NM-170-AD.
(a) Effective Date
This AD becomes effective January 15, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus SAS Model A320-214, A320-232, A320-
233, A321-211, and A321-231 airplanes; certificated in any category;
as identified in the European Aviation Safety Agency (EASA) AD 2018-
0256, dated November 28, 2018 (``EASA AD 2018-0256'').
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
(e) Reason
This AD was prompted by an investigation that revealed that the
outer cylinder of a certain ram air turbine (RAT) actuator was not
properly deburred in accordance with manufacturing specifications.
We are issuing this AD to address the improperly deburred outer
cylinder of the RAT actuator, which could block the hydraulic
circuit with metallic parts and result in failure of the RAT
actuator to extend during certain emergency conditions for
generation of hydraulic or electrical power, which may lead to
reduced control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0256.
(h) Exceptions to EASA AD 2018-0256
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0256 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2018-0256 does not apply
to this AD.
(i) 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 (j) 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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0256 that contain RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests identified in the service information
referenced in EASA AD 2018-0256 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.
(4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this
[[Page 67683]]
information collection is 2120-0056. Public reporting for this
collection of information is estimated to be approximately 1 hour
per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(j) Related Information
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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Aviation Safety Agency (EASA) AD 2018-0256, dated
November 28, 2018.
(ii) [Reserved]
(3) For information about EASA AD 2018-0256, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this EASA AD 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. EASA AD
2018-0256 may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-1065.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on December 21, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-28419 Filed 12-28-18; 8:45 am]
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