[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46900-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19010]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0673; Product Identifier 2019-NM-101-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 supersede Airworthiness Directive (AD)
2014-24-07, which applies to certain Airbus SAS Model A318 series
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes; A320-211, -212, -214, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
AD 2014-24-07 requires repetitive rototest inspections for cracking;
corrective actions if necessary; and modification of the torsion box,
which terminates the repetitive inspections. Since the FAA issued AD
2014-24-07, the FAA has determined that the compliance times for the
repetitive inspections must be revised for certain airplanes. This
proposed AD would retain the actions of AD 2014-24-07, with certain
revised compliance times, as specified in a European Aviation Safety
Agency (EASA) AD, which will be incorporated by reference. This
proposed AD would also revise the applicability to include additional
airplanes. 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 October 21,
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 material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at 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-
0673; 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: 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
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-2019-0673;
Product Identifier 2019-NM-101-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 based on those comments.
The FAA will post all comments, 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 the agency receives about this NPRM.
Discussion
The FAA issued AD 2014-24-07, Amendment 39-18040 (79 FR 72124,
December 5, 2014) (``AD 2014-24-07''), for certain Airbus SAS Model
A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; A320-211, -212, -214, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -232
airplanes. AD 2014-24-07 requires repetitive rototest inspections for
cracking; corrective actions if necessary; and modification of the
torsion box, which terminates the repetitive inspections. AD 2014-24-07
resulted from a report of a crack found in the fuselage during a
fatigue test campaign. The FAA issued AD 2014-24-07 to address cracking
in the side box beam flange of the fuselage, which could affect the
structural integrity of the airplane.
Actions Since AD 2014-24-07 Was Issued
Since the FAA issued AD 2014-24-07, the compliance times for the
repetitive inspections have been reduced for airplanes with a retrofit
sharklet installation with non-structural reinforcement.
The EASA, which is the Technical Agent for the Member States of the
[[Page 46901]]
European Union, has issued EASA AD 2019-0122, dated June 4, 2019
(``EASA AD 2019-0122'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318 airplanes; Model A319-111,
-112, -113, -114, -115, -131, -132, and -133 airplanes; 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 the full scale fatigue test campaign of the A320 family
type design, a crack was reported in the fuselage side box beam
flange at frame (FR) 43 level, both sides.
This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
To address this potential unsafe condition, Airbus issued SB
[service bulletin] A320-53-1258, providing instructions for
repetitive inspections, and SB A320-53-1251, later revised,
providing modification instructions.
Consequently, EASA issued AD 2013-0261 [which corresponds to FAA
AD 2014-24-07], requiring repetitive inspections and, depending on
findings, accomplishment of corrective action(s). That [EASA] AD
also required a modification, which constitutes terminating action
for the required repetitive inspections.
Since that [EASA] AD was issued, Airbus issued SB A320-57-1193
(retrofit mod 160080) to allow retrofit sharklet installation on
A320 and A319 aeroplanes with non-structural reinforcement, and
revised SB A320-53-1258, including new affected aeroplane
configuration and applicable accomplishment timescale.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0261, which is superseded, but requires
accomplishment of repetitive inspections and, depending on findings,
corrective action(s), at different accomplishment timescale,
depending on aeroplane configuration. This [EASA] AD also requires a
modification, which constitutes terminating action for the
repetitive inspections.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2014-24-07, this proposed AD would retain all of the
requirements of AD 2014-24-07. Those requirements are referenced in
EASA AD 2019-0122, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0122 describes procedures for repetitive rototest
inspections for cracking; corrective actions if necessary; and
modification of the torsion box, which would terminate the repetitive
inspections.
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 in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
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 2019-0122 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Model A320-216 Airplanes
The Airbus SAS Model A320-216 was U.S. type certificated on
December 19, 2016. Before that date, any EASA ADs that affected Model
A320-216 airplanes were included in the U.S. type certificate as part
of the Required Airworthiness Actions List (RAAL). One or more Model
A320-216 airplanes have subsequently been placed on the U.S. Register,
and will now be included in FAA AD actions. For Model A320-216
airplanes, the requirements that correspond to AD 2014-24-07 were
mandated by the MCAI via the RAAL. Although that RAAL requirement is
still in effect, for continuity and clarity the agency has identified
Model A320-216 airplanes in paragraph (c) of this AD; the restated
requirements of this proposed AD would therefore apply to those
airplanes.
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 2019-0122 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2019-0122, through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Using common terms that are the same as the
heading of a particular section in the EASA AD does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD.
Service information specified in EASA AD 2019-0122 that is required for
compliance with EASA AD 2019-0122 will be available on the internet
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0673 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 851 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2014-24-07... 178 work-hours x $85 per $31,334 $46,464 $39,540,864
hour = $15,130.
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The new requirements of this proposed AD add no new economic
burden.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed AD.
[[Page 46902]]
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.
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
The FAA 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 removing Airworthiness Directive (AD)
2014-24-07, Amendment 39-18040 (79 FR 72124, December 5, 2014), and
adding the following new AD:
Airbus SAS: Docket No. FAA-2019-0673; Product Identifier 2019-NM-
101-AD.
(a) Comments Due Date
The FAA must receive comments by October 21, 2019.
(b) Affected ADs
This AD replaces AD 2014-24-07, Amendment 39-18040 (79 FR 72124,
December 5, 2014) (``AD 2014-24-07'').
(c) Applicability
This AD applies to Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2019-0122, dated June 4, 2019 (``EASA AD 2019-0122'').
(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 of a crack found in the side
box beam flange of the fuselage at the frame (FR) 43 level during a
fatigue test campaign. The FAA is issuing this AD to address
cracking in the side box beam flange 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 2019-0122.
(h) Exceptions to EASA AD 2019-0122
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0122 refers to its effective date,
this AD requires using the effective date of this AD. However, where
Table 1 of EASA AD 2019-0122 provides compliance times for group 1B
airplanes as ``[w]ithin 3,000 FC or 6,000 FH'' after a given date,
this AD requires that those compliance times be calculated 3,000
flight cycles or 6,000 flight hours, ``whichever occurs first''
after January 9, 2015 (the effective date of AD 2014-24-07).
(2) The ``Remarks'' section of EASA AD 2019-0122 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 2019-0122 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 2019-0122, 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
[[Page 46903]]
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0122 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0673.
(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 August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19010 Filed 9-5-19; 8:45 am]
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