[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Proposed Rules]
[Pages 30637-30639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13420]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0486; Product Identifier 2019-NM-061-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 adopt a new airworthiness directive (AD) for 
certain Airbus SAS Model A318-112, -121, and -122; A319-111, -112, -
115, -131, -132, and -133; A320-214, -216, -232, -233, -251N, and -
271N; and A321-211, -212, -213, -231, -232, -251N, -253N, -271N, and -
272N airplanes. This proposed AD was prompted by reports of missing or 
loosened fasteners on connecting brackets of overhead stowage 
compartments (OHSC) and pivoting OHSC (POHSC). This proposed AD would 
require modification of the OHSC and POHSC attachments, as specified in 
a 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 August 12, 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 material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the 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-
0486; 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 listed above. 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-2019-0486; 
Product Identifier 2019-NM-061-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 2019-0069, dated March 28, 2019 
(``EASA AD 2019-0069'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318-112, -121, and -122; A319-
111, -112, -115, -131, -132, and -133; A320-214, -216, -232, -233, -
251N, and -271N; and A321-211, -212, -213, -231, -232, -251N, -253N, -
271N, and -272N airplanes. The MCAI states:

    During routine inspections, several screws were found missing or 
loose on the interconnecting brackets of certain overhead stowage 
compartments (OHSC) and pivoting OHSC (POHSC). Investigations and a 
sampling program have shown that loosening of fasteners can be 
generated by a relative movement of the OHSC/POHSC and vibrations 
inside the aeroplane, by elastic deformation of the aeroplane body 
and by take-off and landing manoeuvres.
    This condition, if not corrected, could lead to detachment of an 
OHSC/POHSC, possibly resulting in injury to aeroplane occupants.
    To address this potential unsafe condition, Airbus issued the 
original issue of the applicable SB [service bulletin], providing 
modification instructions to improve the robustness of the OHSC and 
POHSC. Prompted by new findings, the applicable SBs have been later 
issued, including additional work and associated instructions.
    For the reasons described above, this [EASA] AD requires 
modification of the OHSC and POHSC attachments.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0069 describes procedures for modification of the OHSC 
and POHSC attachments. EASA AD 2019-0069 also describes an inspection 
for discrepancies (additional work) and corrective actions. The 
inspection includes checks of the dimensions of the threaded pins 
against tolerances and checks for damage. Corrective actions include 
replacing threaded pins and nuts and repairing damage. 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.

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

[[Page 30638]]

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 2019-0069 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 2019-0069 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0069, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information specified in EASA AD 
2019-0069 that is required for compliance with EASA AD 2019-0069 will 
be available on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0486 after the FAA final rule is 
published.

Costs of Compliance

    We estimate that this proposed AD affects 1,464 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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           Labor cost                   Parts cost           Cost per product         Cost on U.S. operators
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Up to 42 work-hours x $85 per     $3,950................  Up to $7,520..........  Up to $11,009,280.
 hour = $3,570.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of any required or 
optional actions. We have no way of determining the number of aircraft 
that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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          Labor cost               Parts cost        Cost per product
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Up to 19 work-hours x $85 per              (*)   Up to $1,615.*
 hour = Up to $1,615.
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* We have received no definitive data for the on-condition parts costs.

    According to the manufacturer, some or all of the costs of this 
proposed 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.

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:

[[Page 30639]]

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-2019-0486; Product Identifier 2019-NM-
061-AD.

(a) Comments Due Date

    We must receive comments by August 12, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A318-112, -121, and -122; 
A319-111, -112, -115, -131, -132, and -133; A320-214, -216, -232, -
233, -251N, and -271N; and A321-211, -212, -213, -231, -232, -251N, 
-253N, -271N, and -272N airplanes, certificated in any category, as 
identified in European Aviation Safety Agency (EASA) AD 2019-0069, 
dated March 28, 2019 (``EASA AD 2019-0069'').

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports of missing or loosened fasteners 
on connecting brackets of overhead stowage compartments (OHSC) and 
pivoting OHSC (POHSC). We are issuing this AD to address loosening 
of the OHSC or POHSC fasteners. This condition, if not corrected, 
could lead to detachment of an OHSC or POHSC, possibly resulting in 
injury to airplane occupants and/or impeding egress during an 
emergency evacuation.

(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 2019-0069.

(h) Exceptions to EASA AD 2019-0069

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0069 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Paragraph (1) of EASA AD 2019-0069 applies to all 
airplanes except for airplanes identified by paragraph (2) of EASA 
AD 2019-0069.
    (3) The ``Remarks'' section of EASA AD 2019-0069 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)(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 2019-0069 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 2019-0069, 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 2019-0069 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0486.
    (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 June 18, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13420 Filed 6-26-19; 8:45 am]
 BILLING CODE 4910-13-P