[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Proposed Rules]
[Pages 2465-2467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01237]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / 
Proposed Rules  

[[Page 2465]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1068; Product Identifier 2018-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS 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 SAS Model A319-113 and -114 airplanes, and Model A320-211 and -
212 airplanes. This proposed AD was prompted by a report that a life-
limit of 64,000 flight cycles has been established for certain titanium 
crossbeams of the forward engine mount. This proposed AD would require 
repetitive replacements of all affected crossbeams of the forward 
engine mount. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by March 25, 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: Deliver to Mail address above 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 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-
1068; 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 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-2018-1068; 
Product Identifier 2018-NM-140-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 AD 
2018-0212, dated September 28, 2018 (``EASA AD 2018-0212'') (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model 
A319-113 and -114 airplanes, and Model A320-211 and -212 airplanes. The 
MCAI states:

    The forward engine mount crossbeam of the CFM56-5A engine, [part 
number] P/N 238-0204-501, is made of titanium. A life limit of 
64,000 FC [flight cycles] has been demonstrated. Due to potential 
transferability of a crossbeam from one aeroplane to another, it is 
necessary to track the life of this part and to remove it before 
exceeding the life limit.
    This condition, if not corrected, could lead to forward engine 
mount crossbeam failure, possibly resulting in engine detachment in 
flight and consequent reduced control of the aeroplane.
    To address this potential unsafe condition, Airbus published the 
SB [Service Bulletin A320-71-1073, dated June 8, 2018], providing 
instructions to identify the P/N of the crossbeam installed on an 
aeroplane and to remove affected crossbeam before exceeding the life 
limit. Airbus also issued SB A320-71-1076, providing modification 
instructions for installation of improved forward engine mount steel 
crossbeams P/N 642-2002-503.
    For the reason described above, this [EASA] AD requires the 
implementation of the new life limit for the affected crossbeams.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0212 describes procedures for repetitive replacements 
of all affected crossbeams of the forward engine mount. 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 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 referenced 
above. We are

[[Page 2466]]

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.

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 2018-0212 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2018-0212, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2018-0212 that is required for 
compliance with EASA AD 2018-0212 will be available at http://www.regulations.gov under Docket No. FAA-2018-1068 after the FAA final 
rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 59 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
         Labor cost                   Parts cost               Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 134 work-hours x $85    Up to $23,278.............  Up to $34,668.............  Up to $2,045,412.
 per hour = $11,390.
----------------------------------------------------------------------------------------------------------------

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-2018-1068; Product Identifier 2018-NM-
140-AD.

(a) Comments Due Date

    We must receive comments by March 25, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A319-113 and -114 
airplanes, and Model A320-211 and -212 airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by a report that a life-limit of 64,000 
flight cycles has been established for certain titanium crossbeams 
of the forward engine mount. We are issuing this AD to address 
failure of a crossbeam of the forward engine mount, which could 
result in detachment of the engine and consequent reduced 
controllability 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 European Aviation Safety Agency (EASA) AD 2018-0212, 
dated September 28, 2018 (``EASA AD 2018-0212'').

(h) Exceptions to EASA AD 2018-0212

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0212 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2018-0212 specifies replacing 
``with instructions provided by Airbus,'' for this AD, the 
replacement must be done using a method approved in accordance with 
the procedures specified in paragraph (i)(2) of this AD.
    (3) Where paragraph (3) of EASA AD 2018-0212 specifies flight 
cycles (FC), this AD requires using ``total flight cycles.''
    (4) The ``Remarks'' section of EASA AD 2018-0212 does not apply.

[[Page 2467]]

(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)(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 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 Design Organization Approval (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 2018-0212 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
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.

(j) Related Information

    (1) For information about EASA AD 2018-0212, 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. 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 2018-0212 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2018-1068.
    (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.

    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-01237 Filed 2-6-19; 8:45 am]
 BILLING CODE 4910-13-P