Airworthiness Directives; Airbus Airplanes, 41658-41661 [2014-16815]
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Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Proposed Rules
stakeholder comments in response to
the proposed determination, many of
which are addressed in this framework
document. DOE will address any
remaining stakeholder comments when
it issues a final determination of
coverage at a later stage in the
rulemaking process.
If DOE issues a final determination
that computer systems are a covered
product, it may establish a test
procedure and energy conservation
standard for computer systems. DOE
may prescribe test procedures to assess
the energy consumption of covered
products. (42 U.S.C. 6293(b)) For the
Secretary to prescribe an energy
conservation standard pursuant to 42
U.S.C. 6295(o) and (p) for covered
products added pursuant to 42 U.S.C.
6292(b)(1), he must determine that:
(a) The average energy use of the
products has exceeded 150 kWh per
household for a 12-month period;
(b) The aggregate 12-month energy use
of the products has exceeded 4.2 billion
kilowatt-hours;
(c) Substantial improvement in energy
efficiency is technologically feasible;
and
(d) The application of a labeling rule
under 42 U.S.C. 6294 is unlikely to be
sufficient to induce manufacturers to
produce, and consumers and other
persons to purchase, covered products
of such type (or class) which achieve the
maximum energy efficiency which is
technologically feasible and
economically justified. (42 U.S.C.
6295(l)(1))
Today’s framework document is the
first step toward initiating this
rulemaking process. DOE has prepared
the framework document to explain the
relevant issues, analyses, and processes
it anticipates using when considering a
new test procedure and energy
conservation standard for computer
systems. The focus of the public
meeting noted above will be to discuss
the information presented and issues
identified in the framework document.
At the public meeting, DOE will make
presentations and invite discussion on
the rulemaking process as it applies to
computer systems. DOE will also solicit
comments, data, and information from
participants and other interested parties.
DOE is planning to conduct in-depth
technical analyses in the following
areas: (1) Engineering; (2) energy use; (3)
product price; (4) life-cycle cost and
payback period; (5) national impacts; (6)
manufacturer impacts; (7) emission
impacts; (8) utility impacts; (9)
employment impacts; and (10)
regulatory impacts. DOE will also
conduct several other analyses that
support those previously listed,
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including the market and technology
assessment, the screening analysis
(which contributes to the engineering
analysis), and the shipments analysis
(which contributes to the national
impact analysis).
DOE encourages those who wish to
participate in the public meeting to
obtain the framework document and to
be prepared to discuss its contents. A
copy of the framework document is
available at: www1.eere.energy.gov/
buildings/appliance_standards/
product.aspx/productid/81.
Public meeting participants need not
limit their comments to the issues
identified in the framework document.
DOE is also interested in comments on
other relevant issues that participants
believe would affect energy
conservation standards for these
products, applicable test procedures, or
the preliminary determination on the
scope of coverage. DOE invites all
interested parties, whether or not they
participate in the public meeting, to
submit in writing by September 2, 2014,
comments and information on matters
addressed in the framework document
and on other matters relevant to DOE’s
consideration of coverage of and
standards for computer systems.
The public meeting will be conducted
in an informal, facilitated, conference
style. There shall be no discussion of
proprietary information, costs or prices,
market shares, or other commercial
matters regulated by U.S. antitrust laws.
A court reporter will record the
proceedings of the public meeting, after
which a transcript will be available for
purchase from the court reporter and
placed on the DOE Web site at: https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/
productid/81.
After the public meeting and the close
of the comment period on the
framework document, DOE will collect
data, conduct the analyses as discussed
in the framework document and at the
public meeting, and review the public
comments it receives.
DOE considers public participation to
be a very important part of the process
for determining whether to establish
energy conservation standards and, if
so, in setting those new standards. DOE
actively encourages the participation
and interaction of the public during the
omment period at each stage of the
rulemaking process. Beginning with the
framework document, and during each
subsequent public meeting and
comment period, interactions with and
among members of the public provide a
balanced discussion of the issues to
assist DOE in the standards rulemaking
process. Accordingly, anyone who
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wishes to participate in the public
meeting, receive meeting materials, or
be added to the DOE mailing list to
receive future notices and information
about this rulemaking should contact
Ms. Brenda Edwards at (202) 586–2945,
or via email at Brenda.Edwards@
ee.doe.gov.
Issued in Washington, DC, on July 9, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2014–16828 Filed 7–16–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0449; Directorate
Identifier 2013–NM–259–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
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 Model A318 series airplanes,
Model A319 series airplanes, Model
A320–211, –212, –214, –231, –232, and
–233 airplanes, and Model A321 series
airplanes. This proposed AD was
prompted by a report of a
circumferential crack at the gland
retaining-ring groove of certain
retraction actuators on the main landing
gear (MLG). This proposed AD would
require an inspection to identify the part
numbers of MLG retraction actuators
and replacement of certain MLG
retraction actuators. We are proposing
this AD to prevent MLG retraction
actuator failure that could prevent the
full extension and/or down-locking of
the MLG, possibly resulting in MLG
collapse during landing or rollout, and
consequent damage to the airplane and
injury to the occupants.
DATES: We must receive comments on
this proposed AD by September 2, 2014.
ADDRESSES: You may send comments 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–
SUMMARY:
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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 proposed 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 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–2014–
0449; 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:
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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–2014–0449; Directorate Identifier
2013–NM–259–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://
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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
Community, has issued EASA
Airworthiness Directive 2013–0283R1,
dated December 9, 2013 [Corrected
December 11, 2013] (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
states:
During routine pre-flight inspection of an
Airbus A319, a hydraulic fluid leak was
detected, coming from the retraction actuator
of the main landing gear (MLG). The results
of subsequent investigations revealed that a
galvanic difference between materials
induced an internal corrosion which was the
crack initiator of the component. Actuators
from 201590 series were identified as
potentially affected, unless inspected and
corrected during MLG overhaul.
This condition, if not detected and corrected,
could lead to retraction actuator failure,
preventing the full extension and/or downlocking of the MLG, possibly resulting in
MLG collapse during landing or rollout and
consequent damage to the aeroplane and
injury to occupants.
To address this potential unsafe condition,
Airbus published Service Bulletin (SB)
A320–32–1408, providing instructions to
identify and replace the affected actuators
that have already exceeded 20,000 flight
cycles (FC) or 10 years of operation since
new, or since last overhaul.
For the reason described above, EASA AD
2013–0283 was issued to require a one-time
identification and replacement of each
affected MLG retraction actuator.
*
*
*
*
*
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating it in Docket No. FAA–
2014–0449.
Relevant Service Information
Airbus has issued Service Bulletin
A320–32–1408, dated July 22, 2013. The
actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
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
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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 the same
type design.
‘‘Contacting the Manufacturer’’
Paragraph in This Proposed AD
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD.
The MCAI or referenced service
information in an FAA AD often directs
the owner/operator to contact the
manufacturer for corrective actions,
such as a repair. Briefly, the Airworthy
Product paragraph allowed owners/
operators to use corrective actions
provided by the manufacturer if those
actions were FAA-approved. In
addition, the paragraph stated that any
actions approved by the State of Design
Authority (or its delegated agent) are
considered to be FAA-approved.
In another NPRM, Directorate
Identifier 2012–NM–101–AD (78 FR
78285, December 26, 2013), we
proposed to prevent the use of repairs
that were not specifically developed to
correct the unsafe condition, by
requiring that the repair approval
provided by the State of Design
Authority or its delegated agent
specifically refer to the FAA AD. This
change was intended to clarify the
method of compliance and to provide
operators with better visibility of repairs
that are specifically developed and
approved to correct the unsafe
condition. In addition, we proposed to
change the phrase ‘‘its delegated agent’’
to include a design approval holder
(DAH) with State of Design Authority
design organization approval (DOA), as
applicable, to refer to a DAH authorized
to approve required repairs for the
proposed AD.
One commenter to the other NPRM,
Directorate Identifier 2012–NM–101–AD
(78 FR 78285, December 26, 2013),
stated the following: ‘‘The proposed
wording, being specific to repairs,
eliminates the interpretation that Airbus
messages are acceptable for approving
minor deviations (corrective actions)
needed during accomplishment of an
AD mandated Airbus service bulletin.’’
This comment has made the FAA
aware that some operators have
misunderstood or misinterpreted the
Airworthy Product paragraph to allow
the owner/operator to use messages
provided by the manufacturer as
approval of deviations during the
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accomplishment of an AD-mandated
action. The Airworthy Product
paragraph does not approve messages or
other information provided by the
manufacturer for deviations to the
requirements of the AD-mandated
actions. The Airworthy Product
paragraph only addresses the
requirement to contact the manufacturer
for corrective actions for the identified
unsafe condition and does not cover
deviations from other AD requirements.
However, deviations to AD-required
actions are addressed in 14 CFR 39.17,
and anyone may request the approval
for an alternative method of compliance
to the AD-required actions using the
procedures found in 14 CFR 39.19.
To address this misunderstanding and
misinterpretation of the Airworthy
Product paragraph, we have changed
that paragraph and retitled it
‘‘Contacting the Manufacturer.’’ This
paragraph now clarifies that for any
requirement in this proposed AD to
obtain corrective actions from a
manufacturer, the action must be
accomplished using a method approved
by the FAA, the European Aviation
Safety Agency (EASA), or Airbus’s
EASA DOA. Where necessary
throughout this proposed AD, we also
replaced any reference to approvals of
corrective actions with a reference to the
Contacting the Manufacturer paragraph.
The Contacting the Manufacturer
paragraph also clarifies that, if approved
by the DOA, the approval must include
the DOA-authorized signature. The DOA
signature indicates that the data and
information contained in the document
are EASA-approved, which is also FAAapproved. Messages and other
information provided by the
manufacturer that do not contain the
DOA-authorized signature approval are
not EASA-approved, unless EASA
directly approves the manufacturer’s
message or other information.
This clarification does not remove
flexibility previously afforded by the
Airworthy Product paragraph.
Consistent with long-standing FAA
policy, such flexibility was never
intended for required actions. This is
also consistent with the
recommendation of the Airworthiness
Directive Implementation Aviation
Rulemaking Committee to increase
flexibility in complying with ADs by
identifying those actions in
‘manufacturers’ service instructions that
are ‘‘Required for Compliance’’ with
ADs. We continue to work with
manufacturers to implement this
recommendation. But once we
determine that an action is required, any
deviation from the requirement must be
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approved as an alternative method of
compliance.
Costs of Compliance
We estimate that this proposed AD
affects 851 airplanes of U.S. registry.
We also estimate that it would take
about 11 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $36,135 per MLG
actuator. Based on these figures, we
estimate the cost of this proposed AD on
U.S. operators to be $31,546,570, or
$37,070 per product.
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.
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.
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§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus: Docket No. FAA–2014–0449;
Directorate Identifier 2013–NM–259–AD.
(a) Comments Due Date
We must receive comments by September
2, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus airplanes
specified in paragraphs (c)(1) through (c)(4)
of this AD, certificated in any category, all
manufacturer serial numbers.
(1) Airbus Model A318–111, –112, –121,
and –122 airplanes.
(2) Airbus Model A319–111, –112, –113,
–114, –115, –131, –132, and –133 airplanes.
(3) Airbus Model A320–211, –212, –214,
–231, –232, and –233 airplanes.
(4) Airbus Model A321–111, –112, –131,
–211, –212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
(e) Reason
This AD was prompted by a report of a
circumferential crack at the gland retainingring groove of certain retraction actuators on
the main landing gear (MLG). We are issuing
this AD to prevent MLG retraction actuator
failure that could prevent the full extension
and/or down-locking of the MLG, possibly
resulting in MLG collapse during landing or
rollout, and consequent damage to the
airplane and injury to the occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection To Determine Part Number
(P/N) and Time-in-Service
Within 18 months after the effective date
of this AD: Do an inspection of each MLG
retraction actuator to determine whether the
actuator has P/N 201590001, 201590002,
201590002–010, 201590002–020, 201590003;
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and to determine the time-in-service
accumulated on actuators having those part
numbers. The actuator flight cycles and
calendar time are those accumulated since
first installation on an airplane, or since last
actuator overhaul, or since the most recent
accomplishment of the actions described in
Maintenance Review Board Review (MRBR)
Task 321147–01–1, whichever occurs latest.
A review of airplane delivery or maintenance
records is acceptable, provided that the
actuator part number and time-in-service can
be conclusively identified from that review.
(h) MLG Actuator Replacement
At the applicable time specified in
paragraphs (h)(1) and (h)(2) of this AD:
Replace each MLG actuator having a part
number identified in paragraph (g) of this AD
with a new or serviceable actuator, in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
32–1408, dated July 22, 2013. The actuator
flight cycles and calendar time specified in
paragraphs (h)(1) and (h)(2) of this AD are
those accumulated since first installation on
an airplane, or since last actuator overhaul,
or since doing the actions described in MRBR
Task 321147–01–1; whichever occurs later.
(1) For actuators with accumulated time-inservice equal to or more than 20,000 flight
cycles or 10 years as of the effective date of
this AD: Within 18 months after the effective
date of this AD.
(2) For actuators with accumulated time-inservice less than 20,000 flight cycles and 10
years as of the effective date of this AD:
Before the accumulation of 10 years since
first installation on an airplane.
(i) MLG Actuator Replacement With
Unknown Time-in-Service
Within 18 months after the effective date
of this AD: Replace each MLG retraction
actuator having a part number specified in
paragraph (g) of this AD, and for which the
in-service history is unknown, with a new or
serviceable actuator, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–32–1408, dated July
22, 2013.
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(j) Exception to Paragraphs (g), (h), and (i)
of This AD
An airplane that does not have Airbus
Modification 26644 or Modification 150820
(for all airplane models), or Modification
27151 (for Model A321 series airplanes),
applied in production, as applicable, is not
affected by the requirements of paragraphs
(g), (h), and (i) of this AD, provided that it
can be conclusively determined that no MLG
retraction actuator having a part number
identified in paragraph (g) of this AD has
been installed on that airplane since first
flight.
(k) Parts Installation Limitation
As of the effective date of this AD,
installation of an MLG retraction actuator
having a part number identified in paragraph
(g) of this AD is allowed, provided that the
MLG retraction actuator has not accumulated
or exceeded 20,000 flight cycles or 10 years
since new; or 20,000 flight cycles or 10 years
since last actuator overhaul.
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(l) 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
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 Branch, send it to ATTN:
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. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
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. The AMOC
approval letter must specifically reference
this AD.
(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 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.
(m) Special Flight Permits
Special flight permits may be issued in
accordance with sections 21.197 and 21.199
of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to
a location where the airplane can be
modified (if the operator elects to do so),
provided the MLG remains extended.
(n) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Aviation Safety Agency Airworthiness
Directive Airworthiness Directive 2013–
0283R1, dated December 9, 2013, [Corrected
December 11, 2013] 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 it in Docket No.
FAA–2014–0449.
(2) 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.
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Issued in Renton, Washington, on July 3,
2014.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–16815 Filed 7–16–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0447; Directorate
Identifier 2014–NM–019–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Bombardier Model DHC–8–400 series
airplanes. This proposed AD was
prompted by a report of several cracks
found on the forward passenger airstair
door step assembly. This proposed AD
would require an inspection to
determine the serial number of the
airstair step assembly, and if necessary,
an electronic tap test, re-identification
of the airstair step assembly, and
replacement of the airstair step
assembly. We are proposing this AD to
detect and correct cracks in the forward
passenger airstair door step assembly,
which could propagate and result in the
structural failure of the steps and
impede the evacuation of passengers in
the event of an emergency egress
situation.
DATES: We must receive comments on
this proposed AD by September 2, 2014.
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.
SUMMARY:
E:\FR\FM\17JYP1.SGM
17JYP1
]]>Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41658-41661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16815]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0449; Directorate Identifier 2013-NM-259-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318 series airplanes, Model A319 series airplanes, Model
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321
series airplanes. This proposed AD was prompted by a report of a
circumferential crack at the gland retaining-ring groove of certain
retraction actuators on the main landing gear (MLG). This proposed AD
would require an inspection to identify the part numbers of MLG
retraction actuators and replacement of certain MLG retraction
actuators. We are proposing this AD to prevent MLG retraction actuator
failure that could prevent the full extension and/or down-locking of
the MLG, possibly resulting in MLG collapse during landing or rollout,
and consequent damage to the airplane and injury to the occupants.
DATES: We must receive comments on this proposed AD by September 2,
2014.
ADDRESSES: You may send comments 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-
[[Page 41659]]
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 proposed 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 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-2014-
0449; 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-2014-0449;
Directorate Identifier 2013-NM-259-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 Community, has issued EASA
Airworthiness Directive 2013-0283R1, dated December 9, 2013 [Corrected
December 11, 2013] (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
During routine pre-flight inspection of an Airbus A319, a hydraulic
fluid leak was detected, coming from the retraction actuator of the
main landing gear (MLG). The results of subsequent investigations
revealed that a galvanic difference between materials induced an
internal corrosion which was the crack initiator of the component.
Actuators from 201590 series were identified as potentially
affected, unless inspected and corrected during MLG overhaul.
This condition, if not detected and corrected, could lead to
retraction actuator failure, preventing the full extension and/or
down-locking of the MLG, possibly resulting in MLG collapse during
landing or rollout and consequent damage to the aeroplane and injury
to occupants.
To address this potential unsafe condition, Airbus published Service
Bulletin (SB) A320-32-1408, providing instructions to identify and
replace the affected actuators that have already exceeded 20,000
flight cycles (FC) or 10 years of operation since new, or since last
overhaul.
For the reason described above, EASA AD 2013-0283 was issued to
require a one-time identification and replacement of each affected
MLG retraction actuator.
* * * * *
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0449.
Relevant Service Information
Airbus has issued Service Bulletin A320-32-1408, dated July 22,
2013. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
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 the same
type design.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the other NPRM, Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the
[[Page 41660]]
accomplishment of an AD-mandated action. The Airworthy Product
paragraph does not approve messages or other information provided by
the manufacturer for deviations to the requirements of the AD-mandated
actions. The Airworthy Product paragraph only addresses the requirement
to contact the manufacturer for corrective actions for the identified
unsafe condition and does not cover deviations from other AD
requirements. However, deviations to AD-required actions are addressed
in 14 CFR 39.17, and anyone may request the approval for an alternative
method of compliance to the AD-required actions using the procedures
found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this proposed AD to obtain
corrective actions from a manufacturer, the action must be accomplished
using a method approved by the FAA, the European Aviation Safety Agency
(EASA), or Airbus's EASA DOA. Where necessary throughout this proposed
AD, we also replaced any reference to approvals of corrective actions
with a reference to the Contacting the Manufacturer paragraph.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
`manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Costs of Compliance
We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
We also estimate that it would take about 11 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about
$36,135 per MLG actuator. Based on these figures, we estimate the cost
of this proposed AD on U.S. operators to be $31,546,570, or $37,070 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 adding the following new airworthiness
directive (AD):
Airbus: Docket No. FAA-2014-0449; Directorate Identifier 2013-NM-
259-AD.
(a) Comments Due Date
We must receive comments by September 2, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus airplanes specified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
(1) Airbus Model A318-111, -112, -121, and -122 airplanes.
(2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
(3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
(4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Reason
This AD was prompted by a report of a circumferential crack at
the gland retaining-ring groove of certain retraction actuators on
the main landing gear (MLG). We are issuing this AD to prevent MLG
retraction actuator failure that could prevent the full extension
and/or down-locking of the MLG, possibly resulting in MLG collapse
during landing or rollout, and consequent damage to the airplane and
injury to the occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection To Determine Part Number (P/N) and Time-in-Service
Within 18 months after the effective date of this AD: Do an
inspection of each MLG retraction actuator to determine whether the
actuator has P/N 201590001, 201590002, 201590002-010, 201590002-020,
201590003;
[[Page 41661]]
and to determine the time-in-service accumulated on actuators having
those part numbers. The actuator flight cycles and calendar time are
those accumulated since first installation on an airplane, or since
last actuator overhaul, or since the most recent accomplishment of
the actions described in Maintenance Review Board Review (MRBR) Task
321147-01-1, whichever occurs latest. A review of airplane delivery
or maintenance records is acceptable, provided that the actuator
part number and time-in-service can be conclusively identified from
that review.
(h) MLG Actuator Replacement
At the applicable time specified in paragraphs (h)(1) and (h)(2)
of this AD: Replace each MLG actuator having a part number
identified in paragraph (g) of this AD with a new or serviceable
actuator, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-32-1408, dated July 22, 2013. The
actuator flight cycles and calendar time specified in paragraphs
(h)(1) and (h)(2) of this AD are those accumulated since first
installation on an airplane, or since last actuator overhaul, or
since doing the actions described in MRBR Task 321147-01-1;
whichever occurs later.
(1) For actuators with accumulated time-in-service equal to or
more than 20,000 flight cycles or 10 years as of the effective date
of this AD: Within 18 months after the effective date of this AD.
(2) For actuators with accumulated time-in-service less than
20,000 flight cycles and 10 years as of the effective date of this
AD: Before the accumulation of 10 years since first installation on
an airplane.
(i) MLG Actuator Replacement With Unknown Time-in-Service
Within 18 months after the effective date of this AD: Replace
each MLG retraction actuator having a part number specified in
paragraph (g) of this AD, and for which the in-service history is
unknown, with a new or serviceable actuator, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-32-1408,
dated July 22, 2013.
(j) Exception to Paragraphs (g), (h), and (i) of This AD
An airplane that does not have Airbus Modification 26644 or
Modification 150820 (for all airplane models), or Modification 27151
(for Model A321 series airplanes), applied in production, as
applicable, is not affected by the requirements of paragraphs (g),
(h), and (i) of this AD, provided that it can be conclusively
determined that no MLG retraction actuator having a part number
identified in paragraph (g) of this AD has been installed on that
airplane since first flight.
(k) Parts Installation Limitation
As of the effective date of this AD, installation of an MLG
retraction actuator having a part number identified in paragraph (g)
of this AD is allowed, provided that the MLG retraction actuator has
not accumulated or exceeded 20,000 flight cycles or 10 years since
new; or 20,000 flight cycles or 10 years since last actuator
overhaul.
(l) 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 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 Branch, send it to ATTN: 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. Information may
be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The
AMOC approval letter must specifically reference this AD.
(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
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.
(m) Special Flight Permits
Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided the MLG
remains extended.
(n) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive
Airworthiness Directive 2013-0283R1, dated December 9, 2013,
[Corrected December 11, 2013] 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 it in Docket No.
FAA-2014-0449.
(2) 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 July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-16815 Filed 7-16-14; 8:45 am]
BILLING CODE 4910-13-P
