Airworthiness Directives; Airbus Airplanes, 44144-44147 [2014-17930]
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ground at a flight-idle power setting during
a practice autorotation, damage to the
helicopter, and injury to occupants.
(c) Affected ADs
This AD supersedes AD 2010–21–07,
Amendment 39–16467 (75 FR 63052, October
14, 2010).
(d) Comments Due Date
We must receive comments by September
29, 2014.
(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
Before the next practice autorotation or on
or before 100 hours time-in-service (TIS),
whichever occurs first, and thereafter at
intervals not to exceed 300 hours TIS, inspect
the wiring, perform an insulation test,
inspect the pilot and copilot throttle twist
grip controls, and test the pilot and copilot
throttle twist grip controls for proper
functioning by following the
Accomplishment Instructions, paragraphs
3.B.1 through 3.B.6, of Eurocopter Emergency
Alert Service Bulletin (EASB) No. 05.00.61,
Revision 2, dated August 13, 2013, for Model
AS350B3 helicopters or EASB No. 05A009,
Revision 2, dated August 13, 2013, for Model
EC130B4 helicopters, as appropriate for your
model helicopter.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: George Schwab,
Aviation Safety Engineer, Safety Management
Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137;
telephone (817) 222–5110; email
george.schwab@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
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(h) Additional Information
The subject of this AD is addressed in
European Aviation Safety Agency (EASA)
Emergency AD No. 2013–0191–E, dated
August 22, 2013. You may view the EASA
AD at https://www.regulations.gov in Docket
No. FAA–2014–0498.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 76 Engine Controls.
Issued in Fort Worth, Texas, on July 18,
2014.
S. Frances Cox,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2014–17928 Filed 7–29–14; 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–2014–0484; Directorate
Identifier 2013–NM–245–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2012–09–
07, for certain Airbus Model A319–111,
–112, and –132 airplanes; Model A320–
111, –211, –212, –214 and –232
airplanes; and Model A321–111, –211,
–212, and –231 airplanes. AD 2012–09–
07 currently requires performing an
electrical bonding test between the
gravity fill re-fuel adaptor and the top
skin panels on the left-hand and righthand wings, and if necessary performing
a general visual inspection for corrosion
of the component interface and adjacent
area, and repairing the gravity fuel
adaptor if any corrosion is found. Since
we issued AD 2012–09–07, we have
determined that more airplanes are
subject to the identified unsafe
condition due to the installation of an
incorrect repair intended to address the
identified unsafe condition. This
proposed AD would add airplanes to the
applicability in AD 2012–09–07, and
would require inspecting those
airplanes to determine if a repair was
done, and doing the electrical bonding
test and corrective action if necessary.
We are proposing this AD to detect and
correct corrosion and improper bonding,
which, in combination with a lightning
strike in this area, could create a source
of ignition in a fuel tank, resulting in a
fire or explosion, and consequent loss of
the airplane.
DATES: We must receive comments on
this proposed AD by September 15,
2014.
SUMMARY:
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–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,
ADDRESSES:
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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 AD, contact Airbus, Airworthiness
Office—EAS, 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.airwortheas@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–
0484; 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–2014–0484; Directorate Identifier
2013–NM–245–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.
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Discussion
On April 30, 2012, we issued AD
2012–09–07, Amendment 39–17042 (77
FR 28238, May 14, 2012). AD 2012–09–
07 requires actions intended to address
an unsafe condition on certain Airbus
Model A319–111, –112, and –132
airplanes; Model A320–111, –211, –212,
–214 and –232 airplanes; and Model
A321–111, –211, –212, and –231
airplanes.
Since we issued AD 2012–09–07,
Amendment 39–17042 (77 FR 28238,
May 14, 2012), 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–
0277R1, dated December 4, 2013
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for Airbus Model A318–111,
–112, –121, and –122 airplanes; A319–
111, –112, –113, –114, –115, –131, –132,
and –133 airplanes; A320–111, –211,
–212, –214, –231, –232, and –233
airplanes; and A321–111, –112, –131,
–211, –212, –213, –231, and –232
airplanes. The MCAI states:
Cases of corrosion findings were reported
on the overwing refueling aperture (used to
fill the fuel tank by gravity) on the wing top
skin. The reported corrosion was on the
mating surface of the aperture flange,
underneath the refuel adaptor. Corrosion
findings have been repaired on a case by case
basis in accordance with approved data.
For certain aeroplanes, the repair provided
by Airbus contained instructions to apply
primer coating on the mating surface. Since
doing those repairs, it has been found that
this primer coating may prevent proper
electrical bonding provision between the
overwing refueling cap adaptor and the wing
skin.
This condition, if not detected and
corrected, could, in combination with a
lightning strike in this area, create a source
of ignition in a fuel tank, possibly resulting
in a fire or explosion and consequent loss of
the aeroplane. To address this potential
unsafe condition, EASA issued AD 2011–
0034 [https://ad.easa.europa.eu/blob/easa_
ad_2011_0034.pdf/AD_2011-0034] to require
a one-time electrical bonding check between
the gravity fill re-fuel adaptor and the top
skin panels on the affected aeroplanes
[identified by MSN in the applicability
section of that EASA AD] and, in case of
findings, the accomplishment of applicable
corrective actions.
Since that [EASA] AD was issued, EASA
has been made aware that some operators
may inadvertently have applied an Airbus
repair, approved for only one aeroplane
MSN, to other aeroplanes, without requesting
a revision of the repair to add aeroplanes, or
to notify Airbus of such action(s).
Consequently, the condition addressed by
EASA AD 2011–0034 could affect more
aeroplanes than initially determined.
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For the reasons described above, this
[EASA] AD retains the requirements of EASA
AD 2011–0034, which is superseded, and
expands the Applicability to all A320 family
aeroplane Models, all MSN.
This [EASA] AD has been revised to amend
and clarify paragraph (3) and to correct an
error in the Type/Model designations on page
1, where the A318 was inadvertently omitted.
For the newly added airplanes, required
actions include inspecting for the
presence of a corrosion repair on an
overwing refueling aperture, and doing
the electrical bonding test and
applicable corrective actions if a repair
has been installed. 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–2014–0484.
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 an NPRM having 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
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44145
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 NPRM having
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
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 the
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.
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
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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.
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Costs of Compliance
We estimate that this proposed AD
affects 851 airplanes of U.S. registry.
The actions that are required by AD
2012–09–07, Amendment 39–17042 (77
FR 28238, May 14, 2012), and retained
in this proposed AD take about 2 workhours 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 2012–
09–07 is $170 per product.
We also estimate that it would take
about 2 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 $0 per product.
Based on these figures, we estimate the
cost of this proposed AD on U.S.
operators to be $72,335, or $170 per
product.
In addition, we estimate that any
necessary follow-on actions would take
about 11 work-hours, for a cost of $935
per product. We have no way of
determining the number of aircraft that
might need these actions.
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
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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
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. Amend § 39.13 by removing
Airworthiness Directive (AD) 2012–09–
07, Amendment 39–17042 (77 FR
28238, May 14, 2012), and adding the
following new AD:
■
Airbus: Docket No. FAA–2014–0484;
Directorate Identifier 2013–NM–245–AD.
(a) Comments Due Date
We must receive comments by September
15, 2014.
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(b) Affected ADs
This AD replaces AD 2012–09–07,
Amendment 39–17042 (77 FR 28238, May 14,
2012).
(c) Applicability
(1) This AD applies to Airbus Model A318–
111, –112, –121, and –122 airplanes; A319–
111, –112, –113, –114, –115, –131, –132, and
–133 airplanes; A320–111, –211, –212, –214,
–231, –232, and –233 airplanes; and A321–
111, –112, –131, –211, –212, –213, –231, and
–232 airplanes; certificated in any category;
all manufacturer serial numbers, except
airplanes identified in paragraph (c)(2) of this
AD.
(2) Airplanes that have been delivered from
production with Airbus Modification 38209
(Removal of the Outer Wing Refueling
Aperture) and without Airbus Modification
38206 (Re-introduction of the Outer Wing
Refueling Aperture) are not affected by the
requirements of this AD.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by more airplanes
being affected due to inadvertently installing
the repair necessary for addressing the
identified unsafe condition. We are issuing
this AD to detect and correct corrosion and
improper bonding, which in combination
with a lightning strike in this area, could
create a source of ignition in a fuel tank,
resulting in a fire or explosion, and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Electrical Bonding Test, and
General Visual Inspection if Necessary
This paragraph restates the requirements of
paragraph (g) of AD 2012–09–07,
Amendment 39–17042 (77 FR 28238, May 14,
2012), with revised repair approval language.
For Model A319–111, –112, and –132
airplanes; Model A320–111, –211, –212, –214
and –232 airplanes; and Model A321–111,
–211, –212, and –231 airplanes; certificated
in any category; having manufacturer serial
numbers 0039, 0078, 0109, 0118, 0120, 0153,
0174, 0187, 0203, 0215, 0218, 0226, 0227,
0228, 0236, 0237, 0269, 0270, 0278, 0285,
0286, 0287, 0288, 0294, 0301, 0337, 0377,
0462, 0463, 0464, 0465, 0520, 0523, 0528,
0876, 0888, 0921, 0935, 0974, 1014, 1102,
1130, 1160, 1162, 1177, 1215, 1250, 1287,
1336, 1388, 1404, 1444, 1449, 1476, 1505,
1524, 1564, 1605, 1616, 1622, 1640, 1645,
1658, 1677, 1691, 1729, and 1905: Within 24
months after June 18, 2012 (the effective date
of AD 2012–09–07), do an electrical bonding
test to check for bonding between the re-fuel
adaptor of the gravity fill and the top skin
panels on the left-hand and right-hand wings,
in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
57–1152, dated June 14, 2010.
(1) If the resistance value is 10 milliOhms
or less at the left-hand and right-hand wing,
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no further action is required by this
paragraph.
(2) If the resistance value is greater than 10
milliOhms at the left-hand or right-hand
wing, before further flight, do a general visual
inspection for corrosion of the component
interface and adjacent area, in accordance
with the Accomplishment Instructions of
Airbus Service Bulletin A320–57–1152,
dated June 14, 2010. If any corrosion is found
during the inspection, before further flight,
repair the gravity fill fuel adaptor, in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
57–1152, dated June 14, 2010; except where
Airbus Service Bulletin A320–57–1152,
dated June 14, 2010, specifies to contact
Airbus, before further flight, repair 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.
(h) New Requirement of This AD:
Maintenance Check/Electrical Bonding Test
and Corrective Action if Necessary
For airplanes other than those identified in
paragraph (g) of this AD: Within 24 months
after the effective date of this AD, determine
whether a corrosion repair has been done on
an overwing refueling aperture, whereby a
primer coating has been applied on the
mating surface of the aperture flange. A
maintenance records check is acceptable to
make this determination, provided those
records can conclusively determine whether
a primer coat was applied.
(1) If it is determined that a primer coating
was applied on the mating surface of the
aperture flange; or if a determination cannot
be made, or the outcome is inconclusive:
Within 24 months after the effective date of
this AD do the electrical bonding test
specified in paragraph (g) of this AD, and
before further flight, all applicable actions
specified in paragraph (g)(2) of this AD.
(2) If it is determined that a corrosion
repair has not been done, and a primer
coating has not been applied on the mating
surface of the aperture flange since first entry
into service, no further action is required by
this paragraph.
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(i) Corrosion Repair Provision
As of the effective date of this AD, any
corrosion repair done on an overwing
refueling aperture on any airplane must be
compliant with the repair requirements of
paragraph (g)(2) of this AD.
(j) 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:
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14:57 Jul 29, 2014
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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.
(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. The AMOC
approval letter must specifically reference
this AD.
(ii) AMOCs approved previously for AD
2012–09–07, Amendment 39–17042 (77 FR
28238, May 14, 2012), are approved as
AMOCs for the corresponding provisions of
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.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2013–0277R1, dated
December 4, 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 Docket No.
FAA–2014–0484.
(2) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAS, 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 13,
2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–17930 Filed 7–29–14; 8:45 am]
BILLING CODE 4910–13–P
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44147
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0499; Directorate
Identifier 2013–SW–061–AD]
RIN 2120–AA64
Airworthiness Directives; Bell
Helicopter Textron Canada
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for Bell
Helicopter Textron Canada (BHTC)
Model 430 helicopters to require
inspecting the tail rotor control tube
assembly (control tube) and either
repairing or replacing the control tube.
This proposed AD is prompted by two
reports of failure of the control tube
bonded clevis. The proposed actions are
intended to prevent failure of a control
tube bonded clevis, which could lead to
failure of the control tube and
subsequent loss of helicopter control.
DATES: We must receive comments on
this proposed AD by September 29,
2014.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov or in person at the
Docket Operations Office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
foreign authority’s AD, the economic
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 service information identified in
this proposed AD, contact Bell
E:\FR\FM\30JYP1.SGM
30JYP1
Agencies
[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Proposed Rules]
[Pages 44144-44147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17930]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-245-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) 2012-09-
07, for certain Airbus Model A319-111, -112, and -132 airplanes; Model
A320-111, -211, -212, -214 and -232 airplanes; and Model A321-111, -
211, -212, and -231 airplanes. AD 2012-09-07 currently requires
performing an electrical bonding test between the gravity fill re-fuel
adaptor and the top skin panels on the left-hand and right-hand wings,
and if necessary performing a general visual inspection for corrosion
of the component interface and adjacent area, and repairing the gravity
fuel adaptor if any corrosion is found. Since we issued AD 2012-09-07,
we have determined that more airplanes are subject to the identified
unsafe condition due to the installation of an incorrect repair
intended to address the identified unsafe condition. This proposed AD
would add airplanes to the applicability in AD 2012-09-07, and would
require inspecting those airplanes to determine if a repair was done,
and doing the electrical bonding test and corrective action if
necessary. We are proposing this AD to detect and correct corrosion and
improper bonding, which, in combination with a lightning strike in this
area, could create a source of ignition in a fuel tank, resulting in a
fire or explosion, and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by September 15,
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-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 AD, contact Airbus,
Airworthiness Office--EAS, 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-
0484; 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-2014-0484;
Directorate Identifier 2013-NM-245-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.
[[Page 44145]]
Discussion
On April 30, 2012, we issued AD 2012-09-07, Amendment 39-17042 (77
FR 28238, May 14, 2012). AD 2012-09-07 requires actions intended to
address an unsafe condition on certain Airbus Model A319-111, -112, and
-132 airplanes; Model A320-111, -211, -212, -214 and -232 airplanes;
and Model A321-111, -211, -212, and -231 airplanes.
Since we issued AD 2012-09-07, Amendment 39-17042 (77 FR 28238, May
14, 2012), the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2013-0277R1, dated December 4, 2013
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
Airbus Model A318-111, -112, -121, and -122 airplanes; A319-111, -112,
-113, -114, -115, -131, -132, and -133 airplanes; A320-111, -211, -212,
-214, -231, -232, and -233 airplanes; and A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:
Cases of corrosion findings were reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. The reported corrosion was on the mating surface of
the aperture flange, underneath the refuel adaptor. Corrosion
findings have been repaired on a case by case basis in accordance
with approved data.
For certain aeroplanes, the repair provided by Airbus contained
instructions to apply primer coating on the mating surface. Since
doing those repairs, it has been found that this primer coating may
prevent proper electrical bonding provision between the overwing
refueling cap adaptor and the wing skin.
This condition, if not detected and corrected, could, in
combination with a lightning strike in this area, create a source of
ignition in a fuel tank, possibly resulting in a fire or explosion
and consequent loss of the aeroplane. To address this potential
unsafe condition, EASA issued AD 2011-0034 [https://ad.easa.europa.eu/blob/easa_ad_2011_0034.pdf/AD_2011-0034] to
require a one-time electrical bonding check between the gravity fill
re-fuel adaptor and the top skin panels on the affected aeroplanes
[identified by MSN in the applicability section of that EASA AD]
and, in case of findings, the accomplishment of applicable
corrective actions.
Since that [EASA] AD was issued, EASA has been made aware that
some operators may inadvertently have applied an Airbus repair,
approved for only one aeroplane MSN, to other aeroplanes, without
requesting a revision of the repair to add aeroplanes, or to notify
Airbus of such action(s). Consequently, the condition addressed by
EASA AD 2011-0034 could affect more aeroplanes than initially
determined.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0034, which is superseded, and expands
the Applicability to all A320 family aeroplane Models, all MSN.
This [EASA] AD has been revised to amend and clarify paragraph
(3) and to correct an error in the Type/Model designations on page
1, where the A318 was inadvertently omitted.
For the newly added airplanes, required actions include inspecting for
the presence of a corrosion repair on an overwing refueling aperture,
and doing the electrical bonding test and applicable corrective actions
if a repair has been installed. 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-2014-0484.
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 an NPRM having 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 NPRM having 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 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 the 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.
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
[[Page 44146]]
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.
The actions that are required by AD 2012-09-07, Amendment 39-17042
(77 FR 28238, May 14, 2012), and retained in this proposed AD take
about 2 work-hours 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 2012-09-07 is $170 per product.
We also estimate that it would take about 2 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 $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $72,335, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 11 work-hours, for a cost of $935 per product. We have no
way of determining the number of aircraft that might need these
actions.
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. Amend Sec. 39.13 by removing Airworthiness Directive (AD) 2012-09-
07, Amendment 39-17042 (77 FR 28238, May 14, 2012), and adding the
following new AD:
Airbus: Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-
245-AD.
(a) Comments Due Date
We must receive comments by September 15, 2014.
(b) Affected ADs
This AD replaces AD 2012-09-07, Amendment 39-17042 (77 FR 28238,
May 14, 2012).
(c) Applicability
(1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; A320-111, -211, -212, -214, -231, -232, and -233
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -
232 airplanes; certificated in any category; all manufacturer serial
numbers, except airplanes identified in paragraph (c)(2) of this AD.
(2) Airplanes that have been delivered from production with
Airbus Modification 38209 (Removal of the Outer Wing Refueling
Aperture) and without Airbus Modification 38206 (Re-introduction of
the Outer Wing Refueling Aperture) are not affected by the
requirements of this AD.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by more airplanes being affected due to
inadvertently installing the repair necessary for addressing the
identified unsafe condition. We are issuing this AD to detect and
correct corrosion and improper bonding, which in combination with a
lightning strike in this area, could create a source of ignition in
a fuel tank, resulting in a fire or explosion, and consequent loss
of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Electrical Bonding Test, and General Visual Inspection if
Necessary
This paragraph restates the requirements of paragraph (g) of AD
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012), with
revised repair approval language. For Model A319-111, -112, and -132
airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; and
Model A321-111, -211, -212, and -231 airplanes; certificated in any
category; having manufacturer serial numbers 0039, 0078, 0109, 0118,
0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236,
0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337,
0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921,
0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287,
1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616,
1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905: Within 24 months
after June 18, 2012 (the effective date of AD 2012-09-07), do an
electrical bonding test to check for bonding between the re-fuel
adaptor of the gravity fill and the top skin panels on the left-hand
and right-hand wings, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-57-1152, dated June 14,
2010.
(1) If the resistance value is 10 milliOhms or less at the left-
hand and right-hand wing,
[[Page 44147]]
no further action is required by this paragraph.
(2) If the resistance value is greater than 10 milliOhms at the
left-hand or right-hand wing, before further flight, do a general
visual inspection for corrosion of the component interface and
adjacent area, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1152, dated June 14, 2010. If any
corrosion is found during the inspection, before further flight,
repair the gravity fill fuel adaptor, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57-1152,
dated June 14, 2010; except where Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, specifies to contact Airbus, before
further flight, repair 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.
(h) New Requirement of This AD: Maintenance Check/Electrical Bonding
Test and Corrective Action if Necessary
For airplanes other than those identified in paragraph (g) of
this AD: Within 24 months after the effective date of this AD,
determine whether a corrosion repair has been done on an overwing
refueling aperture, whereby a primer coating has been applied on the
mating surface of the aperture flange. A maintenance records check
is acceptable to make this determination, provided those records can
conclusively determine whether a primer coat was applied.
(1) If it is determined that a primer coating was applied on the
mating surface of the aperture flange; or if a determination cannot
be made, or the outcome is inconclusive: Within 24 months after the
effective date of this AD do the electrical bonding test specified
in paragraph (g) of this AD, and before further flight, all
applicable actions specified in paragraph (g)(2) of this AD.
(2) If it is determined that a corrosion repair has not been
done, and a primer coating has not been applied on the mating
surface of the aperture flange since first entry into service, no
further action is required by this paragraph.
(i) Corrosion Repair Provision
As of the effective date of this AD, any corrosion repair done
on an overwing refueling aperture on any airplane must be compliant
with the repair requirements of paragraph (g)(2) of this AD.
(j) 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.
(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. The AMOC approval letter must specifically
reference this AD.
(ii) AMOCs approved previously for AD 2012-09-07, Amendment 39-
17042 (77 FR 28238, May 14, 2012), are approved as AMOCs for the
corresponding provisions of 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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0277R1, dated December 4,
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 Docket No. FAA-2014-0484.
(2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 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 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17930 Filed 7-29-14; 8:45 am]
BILLING CODE 4910-13-P