[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17102-17105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08172]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0250; Product Identifier 2018-NM-157-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS 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) 2015-17-
14, which applies to all Airbus SAS Model 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 2015-
17-14 requires repetitive rototest inspections of the open tack holes 
and rivet holes at the cargo floor support fittings of the fuselage, 
including doing all applicable related investigative actions, and 
repair if necessary. Since we issued AD 2015-17-14, further analysis 
and widespread fatigue damage (WFD) evaluations identified the need to 
reduce the initial compliance times and repetitive intervals for the 
inspections for certain airplanes, and to add work for certain 
airplanes. This proposed AD would continue to require the actions of AD 
2015-17-14, would add actions for certain airplanes, and would reduce 
the compliance times for certain airplanes, as specified in an European 
Aviation Safety Agency (EASA) AD, which will be incorporated by 
reference. This proposed AD would also reduce 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 June 10, 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 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-2019-
0250; 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 NPRM, 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: 

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-2019-0250; 
Product Identifier 2018-NM-157-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

    Fatigue damage can occur locally, in small areas or structural 
design details, or globally, in widespread areas. Multiple-site damage 
is widespread damage that occurs in a large structural element such as 
a single rivet line of a lap splice joining two large skin panels. 
Widespread damage can also occur in multiple elements such as adjacent 
frames or stringers. Multiple-site damage and multiple-element damage 
cracks are typically too small initially to be reliably detected with 
normal inspection methods. Without intervention, these cracks will 
grow, and eventually compromise the structural integrity of the 
airplane. This condition is known as WFD. It is associated with general 
degradation of large areas of structure with similar structural details 
and stress levels. As an airplane ages, WFD will likely occur, and will 
certainly occur if the airplane is operated long enough without any 
intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD rule requires certain actions to 
prevent structural failure due to WFD throughout the operational life 
of certain existing transport category airplanes and all of these 
airplanes that will be certificated in the future. For existing and 
future airplanes subject to the WFD rule, the rule requires that design 
approval holders (DAHs) establish a limit of validity (LOV) of the 
engineering data that support the structural maintenance program. 
Operators affected by the WFD rule may not fly an airplane beyond its 
LOV, unless an extended LOV is approved.

[[Page 17103]]

    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    We issued AD 2015-17-14, Amendment 39-18247 (80 FR 52182, August 
28, 2015) (``AD 2015-17-14''), for all Airbus SAS Model 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 2015-17-14 requires repetitive rototest inspections of 
the open tack holes and rivet holes at the cargo floor support fittings 
of the fuselage, including doing all applicable related investigative 
actions, and repair if necessary. AD 2015-17-14 resulted from reports 
that during a full-scale fatigue test, several broken frames in certain 
areas of the cargo compartment were found, especially on the cargo 
floor support fittings and open tack holes on the left-hand side. We 
issued AD 2015-17-14 to address cracking in the open tack holes and 
rivet holes at the cargo floor support fittings of the fuselage, which 
could affect the structural integrity of the airplane.

Actions Since AD 2015-17-14 Was Issued

    Since we issued AD 2015-17-14, further analysis and WFD evaluations 
identified the need to reduce the compliance time for the repetitive 
inspections for certain airplanes, and to add work for certain 
airplanes, and remove certain airplanes from the applicability.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0233R1, dated November 28, 2018 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus SAS 
Model A319 series airplanes; Model A320-211, -212, -214, -216, -231, -
232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. The MCAI states:

    During a full scale fatigue test, several broken frames in the 
cargo compartment area between Frame (FR) 50 and FR63 have been 
found, especially on the cargo floor support fittings and open tack 
holes on left hand (LH) side.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To address this unsafe condition, Airbus issued SB [service 
bulletin] A320-53-1257, providing inspection instructions, and SB 
A320-53-1261, providing modification instructions.
    Consequently, EASA published AD 2013-0310 [which corresponds to 
FAA AD 2015-17-14], requiring repetitive inspections of the frames 
in the cargo compartment area and of the cargo floor support 
fittings and open tack holes on the LH side and, depending on 
findings, accomplishment of corrective action(s). That [EASA] AD 
also required a modification, which constituted terminating action 
for the required repetitive inspections.
    After that [EASA] AD was issued, further analyses and widespread 
fatigue damage evaluations identified the need to reduce the 
threshold and intervals for the repetitive inspections for certain 
configurations, and Airbus issued the inspection SB accordingly. 
Airbus issued SB A320-53-1360, SB A320-53-1364 and SB A320-53-1365 
to supplement SB A320-53-1261, and SB Information Transmission 
(SBIT) 16-0070 providing additional information. Consequently, EASA 
issued AD 2018-0233, retaining the requirements of EASA AD 2013-
0310, which was superseded, but requiring accomplishment of the 
repetitive inspections within reduced compliance times for certain 
configurations. That [EASA] AD also required additional work for 
aeroplanes that had already been modified in accordance with the 
instructions of Airbus SB A320-53-1261, Rev. 02.
    Since that [EASA] AD was issued, it has been determined that 
certain A319 aeroplanes may be excluded from the Applicability of 
the [EASA] AD, since the calculated compliance time for the initial 
inspection is beyond the applicable limit of validity.
    For the reason described above, this [EASA] AD is revised to 
reduce the Applicability.

    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-2019-
0250.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2015-17-14, this proposed AD would retain certain 
requirements of AD 2015-17-14. Those requirements are referenced in 
EASA AD 2018-0233R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0233R1 describes procedures for repetitive inspections 
of the open tack holes and rivet holes of the fuselage frames below the 
cargo floor support fittings for cracking. 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 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.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0233R1 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 2018-0233R1 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2018-0233R1, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Service information specified 
in EASA AD 2018-0233R1 that is required for compliance with EASA AD 
2018-0233R1 will be available on the internet http://www.regulations.gov by searching

[[Page 17104]]

for and locating Docket No. FAA-2019-0250 after the FAA final rule is 
published.

Costs of Compliance

    We estimate that this proposed AD affects 1,009 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2015-17-  Up to 471 work-                  $0  Up to $40,035......  Up to $40,395,315.
 14.                                hours x $85 per
                                    hour = $40,035.
New proposed actions.............  Up to 474 work-              13,000  Up to $53,290......  Up to $53,769,610.
                                    hours x 85 per
                                    hour = $40,290.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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 removing Airworthiness Directive (AD) 
2015-17-14, Amendment 39-18247 (80 FR 52182, August 28, 2015), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0250; Product Identifier 2018-NM-
157-AD.

(a) Comments Due Date

    We must receive comments by June 10, 2019.

(b) Affected ADs

    This AD replaces AD 2015-17-14, Amendment 39-18247 (80 FR 52182, 
August 28, 2015) (``AD 2015-17-14'').

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, 
-211, -212, -213, -231, and -232 airplanes; certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2018-0233R1, dated November 28, 2018 (``EASA AD 2018-0233R1'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by further analysis and widespread fatigue 
damage (WFD) evaluations and full-scale fatigue testing that 
indicated that several broken frames in certain areas of the cargo 
compartment were found, especially on the cargo floor support 
fittings and open tack holes on the left-hand side, which identified 
the need to reduce the initial compliance times and repetitive 
intervals for the inspections for certain airplanes, and to add work 
for certain airplanes. We are issuing this AD to address cracking in 
the open tack holes and rivet holes at the cargo floor support 
fittings of the fuselage, which could affect the structural 
integrity 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 2018-0233R1.

(h) Exceptions to EASA AD 2018-0233R1

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0233R1 refers to ``the effective date 
of the original issue of this AD,'' this AD requires using the 
effective date of this AD, and where EASA AD 2018-0233R1 refers to 
``the effective date of EASA AD 2013-0310,'' this AD requires using 
October 2, 2015 (the effective date of AD 2015-17-14).
    (2) The ``Remarks'' section of EASA AD 2018-0233R1 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

[[Page 17105]]

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].
    (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 2015-17-14 are approved as 
AMOCs for the corresponding provisions of EASA AD 2018-0233R1 that 
are required by paragraph (g) of this AD.
    (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 2018-0233R1 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 2018-0233R1, 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 2018-0233R1 may be found in the AD docket on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0250.
    (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 April 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-08172 Filed 4-23-19; 8:45 am]
BILLING CODE 4910-13-P