[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20054-20057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09440]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0254; Product Identifier 2019-NM-011-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 
certain Airbus SAS Model A318 and 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. This 
proposed AD was prompted by a report that cracks were detected on frame 
(FR) 16 and FR 20 web holes and passenger door intercostal fitting 
holes at the door stop fitting locations. This proposed AD would 
require repetitive rototest inspections of the holes at the door stop 
fittings for any cracking, and corrective actions if necessary, as 
specified in an European Aviation Safety Agency (EASA) AD, which will 
be incorporated by reference. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 24, 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.

[[Page 20055]]

     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-2019-
0254; 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-2019-0254; 
Product Identifier 2019-NM-011-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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0289, dated December 21, 2018 
(``EASA AD 2018-0289'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318 and 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 accomplishment of airworthiness limitations item (ALI) 
task 531103-01-1 on an aeroplane, a crack was found in an affected 
area. At the time of the inspection, the affected aeroplane had 
accumulated 27[,]340 flight cycles (FC) since first flight, which is 
significantly below the FC threshold required for that ALI task.
    This condition, if not detected and corrected, could affect the 
structural integrity of FR16 and FR20 of the aeroplane.
    To address this potential unsafe condition, Airbus developed a[n 
optional] modification (cold working), which reinforces the affected 
area and allows accomplishment of the next inspection at extended 
threshold. Airbus also revised the threshold for the inspection of 
the affected area for pre-mod aeroplanes, and published these 
thresholds in new ALI tasks 531103-01-2 and 531103-01-3. EASA 
published AD 2017-0231 [which corresponds to FAA AD 2018-25-02, 
Amendment 39-19513 (83 FR 62690, December 6, 2018) (``AD 2018-25-
02'')], requiring, among others, accomplishment of those ALI tasks.
    Since that [EASA] AD was issued, it was decided to replace the 
applicable ALI tasks with the inspection SB [service bulletin] and 
modification SB. Consequently, both ALI tasks 531103-01-2 and 
531103-01-3 will be deleted at the next opportunity of the 
applicable Airbus airworthiness limitations section document for the 
aircraft models affected by this [EASA] AD.
    For the reason stated above, this [EASA] AD requires repetitive 
[rototest] inspections of the affected areas and, depending on 
findings, accomplishment of applicable corrective action(s). This 
[EASA] AD also includes reference to the applicable [optional] 
modification SB which provides an optional terminating action for 
the repetitive inspections [which includes a visual inspection of 
the intercostal fitting and frame web for damage (including 
corrosion) and corrective action if necessary] required by this 
[EASA] AD, or allows deferral of the next inspection, depending on 
the timing of modification embodiment.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0289 describes procedures for repetitive rototest 
inspections of the holes at the door stop fittings for any cracking, 
and corrective actions if necessary. 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 2018-0289 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 2018-0289 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2018-0289, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2018-0289 that is required for 
compliance with EASA AD 2018-0289 will be available on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0254 after the FAA final rule is published.

Clarification of Compliance Time Date

    Table 1 of EASA AD 2018-0289 refers to a compliance time ``after 31 
May 2017,'' which EASA stated is the

[[Page 20056]]

``reference date for the compliance time included in ALS Part 2 rev. 
6.'' However, this AD requires using a compliance time after May 31, 
2018 (which is the effective date of task 531103-01-1 in ``ALS Part 2 
rev. 6''). This clarification has been coordinated with EASA.

Costs of Compliance

    We estimate that this proposed AD affects 1,229 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
33 work-hours x $85 per hour = $2,805...........................              $0          $2,805      $3,447,345
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                Estimated Costs for On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
51 work-hours x $85 per hour = $4,335...            $350          $4,685
------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repairs 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 adding the following new airworthiness 
directive (AD):

Airbus SAS: Docket No. FAA-2019-0254; Product Identifier 2019-NM-
011-AD.

(a) Comments Due Date

    We must receive comments by June 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes specified in 
paragraphs (c)(1) through (c)(4) of this AD, certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2018-0289, dated December 21, 2018 (``EASA AD 2018-0289'').
    (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, and -233 
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that cracks were detected on 
frame (FR) 16 and FR 20 web holes and passenger door intercostal 
fitting holes at the door stop fitting locations. We are issuing 
this AD to address such cracking, which could adversely affect the 
structural integrity of the airplane.

(f) Compliance

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

[[Page 20057]]

(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 2018-0289.

(h) Exceptions to EASA AD 2018-0289

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2018-0289 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0289 does not apply 
to this AD.
    (3) Where Table 1 of EASA AD 2018-0289 refers to a compliance 
time ``after 31 May 2017,'' this AD requires using a compliance time 
after May 31, 2018 (the effective date of task 531103-01-1 in ``ALS 
Part 2 rev. 6'').

(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 2018-0289 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 2018-0289, contact the 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 2018-0289 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0254.
    (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 May 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-09440 Filed 5-7-19; 8:45 am]
BILLING CODE 4910-13-P