Airworthiness Directives; Airbus Airplanes, 29016-29019 [2017-13365]
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Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Proposed Rules
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, New York ACO, ANE–170,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier, Inc.,’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2016–38, dated
December 12, 2016, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2017–0626.
(2) For more information about this AD,
contact Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch,
ANE–171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7318; fax 516–794–5531.
(3) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com. You
may view this service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on June 19,
2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–13364 Filed 6–26–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0625; Directorate
Identifier 2016–NM–089–AD]
RIN 2120–AA64
Examining the AD Docket
pmangrum on DSK7TPTVN1PROD with PROPOSALS
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–22–
08, for all Airbus Model A318 and A319
series airplanes; Model A320–211, –212,
SUMMARY:
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–214, –231, –232, and –233 airplanes:
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
AD 2014–22–08 requires revising the
maintenance or inspection program to
incorporate new or revised
airworthiness limitation requirements.
Since we issued AD 2014–22–08, we
have determined that more restrictive
maintenance instructions and
airworthiness limitations are necessary.
This proposed AD would require
revising the maintenance or inspection
program to incorporate new or revised
airworthiness limitation requirements.
The proposed AD also removes
airplanes from the applicability. We are
proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by August 11, 2017.
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, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Airbus,
Airworthiness Office—EIAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
Internet https://www.airbus.com. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0625; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
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street address for the Docket Operations
office (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 Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1405;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2017–0625; Directorate Identifier
2016–NM–089–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On October 28, 2014, we issued AD
2014–22–08, Amendment 39–18013 (79
FR 67042, November 12, 2014) (‘‘AD
2014–22–08’’), for all Airbus Model
A318 and A319 series airplanes; Model
A320–211, –212, –214, –231, –232, and
–233 airplanes; and Model A321–111,
–112, –131, –211, –212, –213, –231, and
–232 airplanes. AD 2014–22–08 was
prompted by a determination that more
restrictive airworthiness limitations
were necessary. AD 2014–22–08
requires revising the maintenance or
inspection program as applicable. We
issued AD 2014–22–08 to prevent a
safety-significant latent failure (which is
not annunciated), which, in
combination with one or more other
specific failures or events, would result
in a hazardous or catastrophic failure
condition. Since we issued AD 2014–
22–08, we have determined that more
restrictive maintenance instructions and
airworthiness limitations are necessary.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2016–0092, dated May 13,
2016 (referred to after this as the
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Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Model A318 and A319 series airplanes;
Model A320–211, –212, –214, –231,
–232, and –233 airplanes; and Model
A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes. The
MCAI states:
The airworthiness limitations for Airbus
A320 family aeroplanes are currently defined
and published in Airbus A318/A319/A320/
A321 Airworthiness Limitations Section
(ALS) documents. The airworthiness
limitations applicable to the Certification
Maintenance Requirements (CMR), which are
approved by EASA, are published in ALS
Part 3.
The instructions contained in the ALS Part
3 have been identified as mandatory actions
for continued airworthiness. Failure to
comply with these instructions could result
in an unsafe condition.
Previously, EASA issued AD 2013–0148
[which corresponds to FAA AD 2014–22–08]
to require accomplishment of all
maintenance tasks as described in ALS Part
3 at Revision 01. The new ALS Part 3
Revision 03 (hereafter referred to as ‘the ALS’
in this [EASA] AD) includes new and/or
more restrictive requirements.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2013–0148, which is superseded, and
requires accomplishment of all maintenance
tasks as described in the ALS.
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The unsafe condition is a safetysignificant latent failure (that is not
annunciated), which, in combination
with one or more other specific failures
or events, could result in a hazardous or
catastrophic failure condition. You may
examine the MCAI in the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0625.
Related Service Information Under 1
CFR Part 51
Airbus has issued Airbus A318/A319/
A320/A321 ALS Part 3 CMR, Revision
03, dated December 21, 2015. The
service information describes
maintenance instructions and
airworthiness limitations, including
updated inspections and intervals to be
incorporated into the maintenance or
inspection program. 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 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
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bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
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 these same
type designs.
This proposed AD would require
revising the maintenance or inspection
program 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 (AMOC)
according to paragraph (k)(1) of this
proposed AD. The request should
include a description of changes to the
required inspections that will ensure the
continued operational safety of the
airplane.
Difference Between This Proposed AD
and the MCAI
The MCAI specifies that if there are
findings from the ALS inspection tasks,
then corrective action 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. We consider those methods to be
adequate to address any corrective
actions necessitated by the findings of
ALS inspections required by this
proposed AD.
Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an ALS
revision into an operator’s maintenance
or inspection program.
Typically, when these types of ADs
are issued by civil aviation authorities
of other countries, they apply to all
airplanes covered under an identified
type certificate (TC). The corresponding
FAA AD typically retains applicability
to all of those airplanes.
In addition, U.S. operators must
operate their airplanes in an airworthy
condition, in accordance with 14 CFR
91.7(a). Included in this obligation is the
requirement to perform any
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maintenance or inspections specified in
the ALS, and in accordance with the
ALS as specified in 14 CFR 43.16 and
91.403(c), unless an alternative has been
approved by the FAA.
When a TC is issued for a type design,
the specific ALS, including revisions, is
a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational
and maintenance requirements is an
obligation to comply with the ALS
defined in the type design referenced in
the manufacturer’s conformity
statement. This obligation may
introduce a conflict with an AD that
requires a specific ALS revision if new
airplanes are delivered with a later
revision as part of their type design.
To address this conflict, the FAA has
approved AMOCs that allow operators
to incorporate the most recent ALS
revision into their maintenance/
inspection programs, in lieu of the ALS
revision required by the AD. This
eliminates the conflict and enables the
operator to comply with both the AD
and the type design.
However, compliance with AMOCs is
normally optional, and we recently
became aware that some operators
choose to retain the AD-mandated ALS
revision in their fleet-wide
maintenance/inspection programs,
including those for new airplanes
delivered with later ALS revisions, to
help standardize the maintenance of the
fleet. To ensure that operators comply
with the applicable ALS revision for
newly delivered airplanes containing a
later revision than that specified in an
AD, we plan to limit the applicability of
ADs that mandate ALS revisions to
those airplanes that are subject to an
earlier revision of the ALS, either as part
of the type design or as mandated by an
earlier AD.
This proposed AD, therefore, would
apply to the airplanes identified in
paragraph (c) of this AD with an original
certificate of airworthiness or original
export certificate of airworthiness that
was issued on or before the date of
approval of the ALS revision identified
in this proposed AD. Operators of
airplanes with an original certificate of
airworthiness or original export
certificate of airworthiness issued after
that date must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet.
Costs of Compliance
We estimate that this proposed AD
affects 1,032 airplanes of U.S. registry.
The actions required by AD 2014–22–
08, and retained in this proposed AD
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take about 1 work-hour per product, at
an average labor rate of $85 per workhour. Based on these figures, the
estimated cost of the actions that are
required by AD 2014–22–08 is $85 per
product.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $87,720, or $85 per product.
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.
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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.
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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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2014–22–08, Amendment 39–18013 (79
FR 67042, November 12, 2014), and
adding the following new AD:
■
Airbus: Docket No. FAA–2017–0625;
Directorate Identifier 2016–NM–089–AD.
(a) Comments Due Date
We must receive comments by August 11,
2017.
(b) Affected ADs
This AD replaces AD 2014–22–08,
Amendment 39–18013 (79 FR 67042,
November 12, 2014) (‘‘AD 2014–22–08’’).
(c) Applicability
This AD applies to the Airbus airplanes
identified in paragraphs (c)(1), (c)(2), (c)(3),
and (c)(4) of this AD, certificated in any
category, with an original certificate of
airworthiness or original export certificate of
airworthiness issued on or before December
21, 2015.
(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, –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 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that more restrictive maintenance
instructions and airworthiness limitations are
necessary. We are issuing this AD to prevent
a safety-significant latent failure (that is not
annunciated), which, in combination with
one or more other specific failures or events,
could result in a hazardous or catastrophic
failure condition.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Maintenance or Inspection
Program Revision, With New Terminating
Action
This paragraph restates the requirements of
paragraph (g) of AD 2014–22–08, with new
terminating action. Within 30 days after
December 17, 2014 (the effective date of AD
2014–22–08), revise the maintenance or
inspection program, as applicable, by
incorporating Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part
3, Certification Maintenance Requirements
(CMR), Revision 1, dated June 15, 2012. The
initial compliance time for accomplishing the
tasks specified in Airbus A318/A319/A320/
A321 ALS Part 3, CMR, Revision 1, dated
June 15, 2012, is at the applicable time
specified in the Record of Revisions of
Airbus A318/A319/A320/A321 ALS Part 3,
CMR, Revision 1, dated June 15, 2012; or
within 30 days after December 17, 2014,
whichever occurs later. Accomplishing the
actions specified in paragraph (i) of this AD
terminates the requirements of this
paragraph.
(h) Retained Provision Regarding
Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of
paragraph (h) of AD 2014–22–08, with a new
exception. Except as required by paragraph
(i) of this AD, after accomplishing the
revisions required by paragraph (g) of this
AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions
or intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (k)(1) of this AD.
(i) New Maintenance or Inspection Program
Revision
Within 30 days after the effective date of
this AD: Revise the maintenance or
inspection program, as applicable, to
incorporate Airbus A318/A319/A320/A321
ALS Part 3 CMR, Revision 03, dated
December 21, 2015 (‘‘ALS Part 3 CMR, R3’’).
The initial compliance time for
accomplishing the tasks specified in ALS
Part 3 CMR, R3, is at the applicable time
specified in ALS Part 3 CMR, R3, or within
30 days after the effective date of this AD,
whichever occurs later. Accomplishing the
actions specified in this paragraph terminates
the requirements of paragraph (g) of this AD.
(j) New Provision Regarding No Alternative
Actions or Intervals
After the action required by paragraph (i)
of this AD has been done, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions or intervals are
approved as an AMOC in accordance with
the procedures specified in paragraph (k)(1)
of this AD.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
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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 manager of the International Branch,
send it to the attention of the person
identified in paragraph (l)(2) of this AD.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov.
(i) 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.
(ii) AMOCs approved previously for AD
2014–22–08 are approved as AMOCs for the
corresponding provisions of paragraph (g) of
this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, 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 Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(l) Related Information
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(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2016–0092, dated
May 13, 2016, for related information. This
MCAI may be found in the AD docket on the
Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2017–0625.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1405; fax 425–227–1149.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
You may view this service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on June 20,
2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–13365 Filed 6–26–17; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0623; Directorate
Identifier 2017–NM–024–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Defense and Space S.A. (Formerly
Known as Construcciones
Aeronauticas, S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Airbus Defense and Space S.A Model C–
212–CB, C–212–CC, C–212–CD, C–212–
CE, and C–212–DF airplanes. This
proposed AD was prompted by reports
of failures of the rudder pedal control
system support. This proposed AD
would require modifying the rudder
pedal adjustment system. We are
proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by August 11, 2017.
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: 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, Airbus Defense and Space
Services/Engineering Support, Avenida
´
de Aragon 404, 28022 Madrid, Spain;
telephone +34 91 585 55 84; fax +34 91
585 31 27; email
MTA.TechnicalService@airbus.com.
You may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
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29019
and locating Docket No. FAA–2017–
0623; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM–
116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton,
WA 98057–3356; telephone: 425–227–
1112; fax: 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2017–0623; Directorate Identifier
2017–NM–024–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2017–0036, dated February 21,
2017 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Defense and Space S.A Model C–212–
CB, C–212–CC, C–212–CD, C–212–CE,
and C–212–DF airplanes. The MCAI
states:
Failures were reported of the pedal control
system support of CASA C–212 aeroplanes.
Subsequent investigation revealed that the
welding area of the affected support structure
had broken.
This condition, if not corrected, could lead
to failure of the rudder control system,
possibly resulting in reduced control of the
aeroplane.
E:\FR\FM\27JNP1.SGM
27JNP1
Agencies
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Proposed Rules]
[Pages 29016-29019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13365]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0625; Directorate Identifier 2016-NM-089-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-22-
08, for all Airbus Model A318 and A319 series airplanes; Model A320-
211, -212, -214, -231, -232, and -233 airplanes: and Model A321-111, -
112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2014-22-08
requires revising the maintenance or inspection program to incorporate
new or revised airworthiness limitation requirements. Since we issued
AD 2014-22-08, we have determined that more restrictive maintenance
instructions and airworthiness limitations are necessary. This proposed
AD would require revising the maintenance or inspection program to
incorporate new or revised airworthiness limitation requirements. The
proposed AD also removes airplanes from the applicability. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by August 11, 2017.
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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.
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-2017-
0625; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (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 Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0625;
Directorate Identifier 2016-NM-089-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On October 28, 2014, we issued AD 2014-22-08, Amendment 39-18013
(79 FR 67042, November 12, 2014) (``AD 2014-22-08''), for all Airbus
Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231,
-232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes. AD 2014-22-08 was prompted by a
determination that more restrictive airworthiness limitations were
necessary. AD 2014-22-08 requires revising the maintenance or
inspection program as applicable. We issued AD 2014-22-08 to prevent a
safety-significant latent failure (which is not annunciated), which, in
combination with one or more other specific failures or events, would
result in a hazardous or catastrophic failure condition. Since we
issued AD 2014-22-08, we have determined that more restrictive
maintenance instructions and airworthiness limitations are necessary.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2016-0092, dated May 13, 2016 (referred to
after this as the
[[Page 29017]]
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A318 and A319 series
airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. The MCAI states:
The airworthiness limitations for Airbus A320 family aeroplanes
are currently defined and published in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) documents. The airworthiness
limitations applicable to the Certification Maintenance Requirements
(CMR), which are approved by EASA, are published in ALS Part 3.
The instructions contained in the ALS Part 3 have been
identified as mandatory actions for continued airworthiness. Failure
to comply with these instructions could result in an unsafe
condition.
Previously, EASA issued AD 2013-0148 [which corresponds to FAA
AD 2014-22-08] to require accomplishment of all maintenance tasks as
described in ALS Part 3 at Revision 01. The new ALS Part 3 Revision
03 (hereafter referred to as `the ALS' in this [EASA] AD) includes
new and/or more restrictive requirements.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0148, which is superseded, and requires
accomplishment of all maintenance tasks as described in the ALS.
The unsafe condition is a safety-significant latent failure (that
is not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition. You may examine the MCAI in the AD
docket on the Internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0625.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A318/A319/A320/A321 ALS Part 3 CMR,
Revision 03, dated December 21, 2015. The service information describes
maintenance instructions and airworthiness limitations, including
updated inspections and intervals to be incorporated into the
maintenance or inspection program. 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 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 and service
information 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 these
same type designs.
This proposed AD would require revising the maintenance or
inspection program 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 (AMOC) according to
paragraph (k)(1) of this proposed AD. The request should include a
description of changes to the required inspections that will ensure the
continued operational safety of the airplane.
Difference Between This Proposed AD and the MCAI
The MCAI specifies that if there are findings from the ALS
inspection tasks, then corrective action 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. We consider those methods to be adequate to
address any corrective actions necessitated by the findings of ALS
inspections required by this proposed AD.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a TC is issued for a type design, the specific ALS, including
revisions, is a part of that type design, as specified in 14 CFR
21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved AMOCs that allow
operators to incorporate the most recent ALS revision into their
maintenance/inspection programs, in lieu of the ALS revision required
by the AD. This eliminates the conflict and enables the operator to
comply with both the AD and the type design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD, therefore, would apply to the airplanes
identified in paragraph (c) of this AD with an original certificate of
airworthiness or original export certificate of airworthiness that was
issued on or before the date of approval of the ALS revision identified
in this proposed AD. Operators of airplanes with an original
certificate of airworthiness or original export certificate of
airworthiness issued after that date must comply with the airworthiness
limitations specified as part of the approved type design and
referenced on the type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 1,032 airplanes of U.S.
registry.
The actions required by AD 2014-22-08, and retained in this
proposed AD
[[Page 29018]]
take about 1 work-hour per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that are required by AD 2014-22-08 is $85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $87,720, or $85
per product.
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.
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 removing Airworthiness Directive (AD)
2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014), and
adding the following new AD:
Airbus: Docket No. FAA-2017-0625; Directorate Identifier 2016-NM-
089-AD.
(a) Comments Due Date
We must receive comments by August 11, 2017.
(b) Affected ADs
This AD replaces AD 2014-22-08, Amendment 39-18013 (79 FR 67042,
November 12, 2014) (``AD 2014-22-08'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any
category, with an original certificate of airworthiness or original
export certificate of airworthiness issued on or before December 21,
2015.
(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, -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 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that more restrictive
maintenance instructions and airworthiness limitations are
necessary. We are issuing this AD to prevent a safety-significant
latent failure (that is not annunciated), which, in combination with
one or more other specific failures or events, could result in a
hazardous or catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With New
Terminating Action
This paragraph restates the requirements of paragraph (g) of AD
2014-22-08, with new terminating action. Within 30 days after
December 17, 2014 (the effective date of AD 2014-22-08), revise the
maintenance or inspection program, as applicable, by incorporating
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS)
Part 3, Certification Maintenance Requirements (CMR), Revision 1,
dated June 15, 2012. The initial compliance time for accomplishing
the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, CMR,
Revision 1, dated June 15, 2012, is at the applicable time specified
in the Record of Revisions of Airbus A318/A319/A320/A321 ALS Part 3,
CMR, Revision 1, dated June 15, 2012; or within 30 days after
December 17, 2014, whichever occurs later. Accomplishing the actions
specified in paragraph (i) of this AD terminates the requirements of
this paragraph.
(h) Retained Provision Regarding Alternative Actions and Intervals,
With a New Exception
This paragraph restates the requirements of paragraph (h) of AD
2014-22-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g., inspections)
or intervals may be used unless the actions or intervals are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (k)(1) of this AD.
(i) New Maintenance or Inspection Program Revision
Within 30 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, to incorporate
Airbus A318/A319/A320/A321 ALS Part 3 CMR, Revision 03, dated
December 21, 2015 (``ALS Part 3 CMR, R3''). The initial compliance
time for accomplishing the tasks specified in ALS Part 3 CMR, R3, is
at the applicable time specified in ALS Part 3 CMR, R3, or within 30
days after the effective date of this AD, whichever occurs later.
Accomplishing the actions specified in this paragraph terminates the
requirements of paragraph (g) of this AD.
(j) New Provision Regarding No Alternative Actions or Intervals
After the action required by paragraph (i) of this AD has been
done, no alternative actions (e.g., inspections) or intervals may be
used unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested
[[Page 29019]]
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 manager of the International Branch,
send it to the attention of the person identified in paragraph
(l)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
(i) 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.
(ii) AMOCs approved previously for AD 2014-22-08 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0092, dated May 13, 2016,
for related information. This MCAI may be found in the AD docket on
the Internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0625.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1405; fax 425-227-1149.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may view this service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
Issued in Renton, Washington, on June 20, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13365 Filed 6-26-17; 8:45 am]
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