[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Proposed Rules]
[Pages 63582-63585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24706]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0867; Product Identifier 2019-NM-131-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) 
2011-09-06, which applies to all Airbus SAS Model A330-200 Freighter 
series airplanes; Model A330-200, and -300 series airplanes; and Model 
A340-200, and -300 series airplanes. AD 2011-09-06 requires repetitive 
inspections and operational checks of the spring function of the 
emergency exit door slider mechanism, applying corrosion inhibitor, and 
corrective actions. Since the FAA issued AD 2011-09-06, the agency has 
determined that additional airplanes are affected by the unsafe 
condition, and certain compliance times can be extended. This proposed 
AD would retain the actions specified in AD 2011-09-06, with extended 
repetitive compliance times and additional airplanes in the 
applicability, as

[[Page 63583]]

specified in a European Union Aviation Safety Agency (EASA) AD, which 
will be incorporated by reference. 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 January 2, 
2020.

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 https://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, 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 https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0867.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0867; 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: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.

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-2019-0867; 
Product Identifier 2019-NM-131-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 https://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 proposed AD.

Discussion

    The FAA issued AD 2011-09-06, Amendment 39-16668 (76 FR 22005, 
April 20, 2011) (``AD 2011-09-06''), which applies to all Airbus SAS 
Model A330-200 Freighter series airplanes; Model A330-200, and -300 
series airplanes; and Model A340-200, and -300 series airplanes. AD 
2011-09-06 requires repetitive inspections and operational checks of 
the spring function of the emergency exit door slider mechanism, 
applying corrosion inhibitor, and corrective actions. The FAA issued AD 
2011-09-06 to address girt bars that attach the escape slide to the 
fuselage that are not in a locked position, which could result in 
slides detaching from the door after inflation, and which could, during 
an emergency, impair a safe evacuation of the cabin and possibly result 
in injuries.

Actions Since AD 2011-09-06 Was Issued

    Since the FAA issued AD 2011-09-06, the agency has determined that 
additional airplanes are affected by the unsafe condition, and the 
repetitive compliance times can be extended.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0155, dated July 3, 2019 (also 
referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus SAS Model 
A330-200 Freighter series airplanes; Model A330-200, -300, and -900 
series airplanes; and Model A340-200, -300, -500, and -600 series 
airplanes. This proposed AD was prompted a determination that 
additional airplanes are affected by the unsafe condition. In addition, 
the FAA has determined that the repetitive interval times can be 
extended. The MCAI supersedes EASA AD 2010-0135, dated July 5, 2010 
(which corresponds to FAA AD 2011-09-06).
    The FAA is proposing this AD to address a report that an escape 
slide deployment test found a girt bar that was not in a locked 
position and was detached from the airplane, which could result in 
slides detaching from the door after inflation, and which could, during 
an emergency, prevent a safe evacuation of the cabin and possibly 
result in injuries. See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2011-09-06, this proposed AD would retain all 
requirements of AD 2011-09-06, with extended repetitive intervals for 
the functional check and lubrication of the door girt bar slider of 
each passenger/crew door and passenger compartment emergency exit. 
Those requirements are referenced in EASA AD 2019-0155, which, in turn, 
is referenced in paragraph (g) of this proposed AD.

Explanation of Revised Terminology

    Where AD 2011-09-06 identifies the actions as repetitive 
inspections and operational checks, application of corrosion inhibitor, 
and repair or replacement if necessary, the MCAI identifies those same 
actions as repetitive functional checks and lubrication and repair or 
replacement if necessary. The required actions have not changed, and 
the service information referenced in the MCAI has not changed from 
that specified in AD 2011-09-06.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0155 describes procedures for repetitive functional 
checks and lubrication of the door girt bar slider of each passenger/
crew door and passenger compartment emergency exit, and corrective 
actions (repair or replacement). 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

[[Page 63584]]

country, and is approved for operation in the United States. Pursuant 
to the FAA's 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 AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0155 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 initially 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. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0155 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0155 in its 
entirety, 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 2019-0155 that is required for compliance with EASA AD 2019-
0155 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2019-0867 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 111 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 2011-09-  3 work-hours x $85    None...................            $255         $28,305
 06.                                per hour = $255.
New proposed actions.............  2 work-hours x $85    None...................             170          18,870
                                    per hour = $170.
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                Estimated Costs of On-Condition Actions *
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                                                             Cost per
              Labor cost                   Parts cost        product
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1 work-hour x $85 per hour = $85 per            $2,160           $2,245
 girt bar replacement.................
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* The FAA has received no definitive data that would enable the agency
  to provide cost estimates for the on-condition repair 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.
    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.

[[Page 63585]]

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) 
2011-09-06, Amendment 39-16668 (76 FR 22005, April 20, 2011), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0867; Product Identifier 2019-NM-
131-AD.

(a) Comments Due Date

    The FAA must receive comments by January 2, 2020.

(b) Affected ADs

    This AD replaces AD 2011-09-06, Amendment 39-16668 (76 FR 22005, 
April 20, 2011) (``AD 2011-09-06'').

(c) Applicability

    This AD applies to the Airbus SAS Model airplanes identified in 
paragraphs (c)(1) through (7) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model A330-223F, and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.
    (4) Model A330-941 airplanes.
    (5) Model A340-211, -212, and -213 airplanes.
    (6) Model A340-311, -312, and -313 airplanes.
    (7) Model A340-541 and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report that an escape slide deployment 
test found a girt bar that was not in a locked position and was 
detached from the airplane. This AD was also prompted by a 
determination that additional airplanes not identified in AD 2011-
09-06 are affected by the unsafe condition. The FAA is issuing this 
AD to address this condition, which could result in slides detaching 
from the door after inflation, and could, during an emergency, 
prevent a safe evacuation of the cabin and possibly result in 
injuries.

(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, European Union Aviation Safety Agency (EASA) AD 
2019-0155, dated July 3, 2019 (``EASA AD 2019-0155'').

(h) Exceptions to EASA AD 2019-0155

    (1) Where EASA AD 2019-0155 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (1) of EASA AD 2019-0155 refers to February 
17, 2001, as an effective date, this AD requires using March 19, 
2002 (the effective date of AD 2002-02-07, Amendment 39-12635 (67 FR 
6370, February 12, 2002)) for all airplanes identified in paragraph 
(1) of EASA AD 2019-0155, except for Model A330-223F and -243F 
airplanes. For Model A330-223F and -243F airplanes, use May 5, 2011 
(the effective date of AD 2011-09-06).
    (3) The ``Remarks'' section of EASA AD 2019-0155 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0155 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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 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 2019-0155 that contains RC procedures and 
tests: Except as required by paragraphs (i) and (j)(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.

(k) Related Information

    (1) For information about EASA Airworthiness Directive 2019-
0155, dated July 3, 2019, 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 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0867.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229.

    Issued in Des Moines, Washington, on November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-24706 Filed 11-15-19; 8:45 am]
 BILLING CODE 4910-13-P