[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31249-31252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13887]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0500; Product Identifier 2019-NM-078-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus SAS Model A310 series airplanes. This proposed AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. The FAA 
is proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15, 
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 service information identified in this NPRM, contact Airbus 
SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine No: 2, 31700 
Blagnac Cedex, France; phone: +33 5 61 93 36 96; fax: +33 5 61 93 44 
51; email: [email protected]; internet: http://www.airbus.com. You may view this service information 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.

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-
0500; 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 is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South

[[Page 31250]]

216th St., Des Moines, WA 98198; phone and fax: 206-231-3225.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2019-0500; 
Product Identifier 2019-NM-078-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. The FAA 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 
2019-0091, dated April 26, 2019 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Airbus SAS Model A310 series 
airplanes. The MCAI states:

    The airworthiness limitations for Airbus A310 aeroplanes, which 
are approved by EASA, are currently defined and published in the 
A310 [Airworthiness Limitations Section] ALS document(s). The Damage 
Tolerant Airworthiness Limitation Items (DT ALI) are published in 
ALS Part 2.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2017-0206 [which corresponds to FAA 
AD 2018-19-31, Amendment 39-19432 (83 FR 48930, September 28, 2018) 
(``AD 2018-19-31'')] to require accomplishment of all DT ALI 
maintenance tasks as described in the Airbus A310 ALS Part 2 at 
Revision 02.
    Since that [EASA] AD was issued, Airbus published the ALS, 
including new and/or more restrictive requirements.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0206, which is superseded, and requires 
accomplishment of the actions specified in the ALS.

    The unsafe condition is fatigue cracking, damage, or corrosion in 
principal structural elements, which could result in reduced structural 
integrity of the airplane. 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-2019-0500.

Relationship Between Proposed AD and AD 2018-19-31

    This NPRM does not propose to supersede AD 2018-19-31. Rather, we 
have determined that a stand-alone AD is more appropriate to address 
the changes in the MCAI. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. 
Accomplishment of the proposed actions would then terminate all of the 
requirements of AD 2018-19-31.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A310 Airworthiness Limitations Section 
(ALS) Part 2, Damage Tolerant Airworthiness Limitation Items (DT-ALI), 
Revision 03, dated December 14, 2018 (``Airbus A310 ALS Part 2, DT-ALI, 
Revision 03''), as supplemented by Airbus A310 ALS Part 2, Damage 
Tolerant Airworthiness Limitation Items (DT-ALI), Variation 3.1, Issue 
01, dated December 20, 2018 (``Airbus A310 ALS Part 2, DT-ALI, 
Variation 3.1, Issue 01''). Airbus A310 ALS Part 2, DT-ALI, Revision 
03, describes mandatory maintenance tasks that operators must perform 
at specified intervals. Airbus A310 ALS Part 2, DT-ALI, Variation 3.1, 
Issue 01, describes additional mandatory maintenance tasks related to 
wide-spread fatigue damage that operators must perform at specified 
intervals. This service information 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

    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, the FAA 
has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the agency evaluated all the relevant information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(j)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that, if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Airbus maintenance 
documentation. However, this proposed AD does not include that 
requirement. Operators of U.S.-registered airplanes are required by 
general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. The FAA 
considers those methods to be adequate to address any corrective 
actions necessitated by the findings of ALS inspections required by 
this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the FAA recognizes that this number may vary from operator to 
operator. In the past, the FAA has estimated that this action takes 1 
work-hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

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

[[Page 31251]]

detail the scope of the Agency's authority.
    The FAA is 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) Will not affect intrastate aviation in Alaska; and
    (3) 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-2019-0500; Product Identifier 2019-NM-
078-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

(b) Affected ADs

    This AD affects AD 2017-21-08, Amendment 39-19079 (82 FR 48904, 
October 23, 2017) (``AD 2017-21-08''); and AD 2018-19-31, Amendment 
39-19432 (83 FR 48930, September 28, 2018) (``AD 2018-19-31'').

(c) Applicability

    This AD applies to Airbus SAS Model A310-203, -204, -221, -222, 
-304, -322, -324, and -325 airplanes, certificated in any category, 
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, or corrosion in 
principal structural elements, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus A310 Airworthiness 
Limitations Section (ALS), Part 2, Damage Tolerant Airworthiness 
Limitation Items (DT-ALI), Revision 03, dated December 14, 2018 
(``Airbus A310 ALS Part 2, DT-ALI, Revision 03''), as supplemented 
by Airbus A310 Airworthiness ALS, Part 2, Damage Tolerant 
Airworthiness Limitation Items (DT-ALI), Variation 3.1, Issue 01, 
dated December 20, 2018 (``Airbus A310 ALS Part 2, DT-ALI, Variation 
3.1, Issue 01''). The initial compliance time for doing the tasks is 
at the time specified in Airbus A310 ALS Part 2, DT-ALI, Revision 
03, as supplemented by Airbus A310 ALS Part 2, DT-ALI, Variation 
3.1, Issue 01; or within 90 days after the effective date of this 
AD; whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Terminating Action for AD 2017-21-08 and AD 2018-19-31

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-21-08 and AD 2018-19-31.

(j) 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 (k)(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 corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (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): Except as required by 
paragraph (j)(2) of this AD: If any service information contains 
procedures or tests that are identified as RC, those 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2019-0091, dated April 26, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0500.

[[Page 31252]]

    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; internet 
http://www.airbus.com. You may view this service information 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.

    Issued in Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13887 Filed 6-28-19; 8:45 am]
 BILLING CODE 4910-13-P