Airworthiness Directives; Airbus Airplanes, 58226-58229 [2015-24423]
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(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:
Shahram Daneshmandi, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone: 425–227–1112; fax: 425–227–
1149. 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 EASA; or Airbus Defense and Space
S.A.’s (formerly known as Construcciones
Aeronauticas, S.A.) EASA DOA. If approved
by the DOA, the approval must include the
DOA-authorized signature.
(i) Related Information
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(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2015–0040, dated
March 6, 2015, 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–
2015–3636.
(2) For service information identified in
this AD, contact EADS–CASA, Military
Transport Aircraft Division (MTAD),
Integrated Customer Services (ICS),
´
Technical Services, Avenida de Aragon 404,
28022 Madrid, Spain; telephone +34 91 585
55 84; fax +34 91 585 55 05; email
MTA.TechnicalService@casa.eads.net;
Internet https://www.eads.net. 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
September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–24424 Filed 9–25–15; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3635; Directorate
Identifier 2015–NM–037–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, A319, A320, and
A321 series airplanes. This proposed
AD was prompted by an evaluation by
the design approval holder (DAH)
indicating that the fuselage skin repairs
are subject to widespread fatigue
damage (WFD). This proposed AD
would require an inspection to
determine whether any fuselage external
skin (doubler) repairs have been
accomplished, an inspection for
cracking of certain repaired external
fuselage skin areas in the fuselage, and
repair if necessary. We are proposing
this AD to detect and correct fatigue
cracking of the fuselage skin, which
could result in reduced structural
integrity of the airplane.
DATES: We must receive comments on
this proposed AD by November 12,
2015.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this 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
ADDRESSES:
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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–2015–
3635; 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–2015–3635; Directorate Identifier
2015–NM–037–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
Structural fatigue damage is
progressive. It begins as minute cracks,
and those cracks grow under the action
of repeated stresses. This can happen
because of normal operational
conditions and design attributes, or
because of isolated situations or
incidents such as material defects, poor
fabrication quality, or corrosion pits,
dings, or scratches. Fatigue damage can
occur locally, in small areas or
structural design details, or globally.
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Global fatigue damage is general
degradation of large areas of structure
with similar structural details and stress
levels. Multiple-site damage is global
damage that occurs in a large structural
element such as a single rivet line of a
lap splice joining two large skin panels.
Global damage can also occur in
multiple elements such as adjacent
frames or stringers. Multiple-sitedamage and multiple-element-damage
cracks are typically too small initially to
be reliably detected with normal
inspection methods. Without
intervention, these cracks will grow,
and eventually compromise the
structural integrity of the airplane, in a
condition known as widespread fatigue
damage (WFD). As an airplane ages,
WFD will likely occur, and will
certainly occur if the airplane is
operated long enough without any
intervention.
The FAA’s WFD final rule (75 FR
69746, November 15, 2010) became
effective on January 14, 2011. The WFD
rule requires certain actions to prevent
structural failure due to WFD
throughout the operational life of
certain existing transport category
airplanes and all of these airplanes that
will be certificated in the future. For
existing and future airplanes subject to
the WFD rule, the rule requires that
DAHs establish a limit of validity (LOV)
of the engineering data that support the
structural maintenance program.
Operators affected by the WFD rule may
not fly an airplane beyond its LOV,
unless an extended LOV is approved.
The WFD rule (75 FR 69746,
November 15, 2010) does not require
identifying and developing maintenance
actions if the DAHs can show that such
actions are not necessary to prevent
WFD before the airplane reaches the
LOV. Many LOVs, however, do depend
on accomplishment of future
maintenance actions. As stated in the
WFD rule, any maintenance actions
necessary to reach the LOV will be
mandated by airworthiness directives
through separate rulemaking actions.
In the context of WFD, this action is
necessary to enable DAHs to propose
LOVs that allow operators the longest
operational lives for their airplanes, and
still ensure that WFD will not occur.
This approach allows for an
implementation strategy that provides
flexibility to DAHs in determining the
timing of service information
development (with FAA approval),
while providing operators with certainty
regarding the LOV applicable to their
airplanes.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
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Union, has issued EASA Airworthiness
Directive 2015–0036R1, dated March 31,
2015 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition on all Model A318,
A319, A320, and A321 series airplanes.
The MCAI states:
During A320 family Extended Service Goal
full scale fatigue tests, it was demonstrated
that the inspection thresholds defined in the
current Structural Repair Manual (SRM) for
the A320 family skin repairs are insufficient
to detect possible cracks becoming after
repairs. The findings are limited to 1.2
[millimeter] (mm) fuselage skin and cover for
all cut-out external repairs. The internal
repairs are not affected.
This condition, if not detected and
corrected, could affect the structural integrity
of the fuselage at the repaired skin area(s).
To address this potential unsafe condition,
Airbus issued Alert Operators Transmission
(AOT) A53N007–14 to provide inspection
instructions.
For the reasons described above, EASA
issued AD 2015–0036 [https://
www.casa.gov.au/scripts/
nc.dll?WCMS:OLDASSET::svPath=/ADFiles/
over/a320/,svFileName=2015-0036.pdf] to
require a one-time inspection of the affected
areas and, depending on findings,
accomplishment of applicable repair
instructions.
Since that AD was issued, operators have
questioned the inspection threshold for A318
aeroplanes (not yet in the Airbus AOT),
which is actually identical to that for A319
aeroplanes. In addition, an error has been
detected in paragraph (1), since external
doublers may have been installed in the
affected area by a modification that may not
be recorded as repair.
Such doubler installations are also subject
to the inspection requirements of this AD,
which is therefore revised to provide
clarifications, correcting paragraph (1) and
introducing a Note.
Required actions include an
inspection to determine whether any
fuselage external skin (doubler) repairs
have been accomplished, an external
ultrasonic inspection or an internal low/
high frequency eddy current inspection
for cracking of certain repaired external
fuselage skin areas in the fuselage, and
repair if necessary. The compliance
times vary depending on airplane
configuration. The earliest compliance
time is within 25,200 flight cycles since
last repair, or within 350 flight cycles
after the effective date of the AD,
whichever occurs later. The latest
compliance time is within 45,000 flight
cycles since last repair; within 1,500
flight cycles from the effective date of
the AD, without exceeding 49,100 flight
cycles since last repair; or within 350
flight cycles since the effective date of
the AD; whichever occurs last. You may
examine the MCAI in the AD docket on
the Internet at https://
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58227
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3635.
Related Service Information Under 1
CFR Part 51
Airbus has issued Alert Operators
Transmission A53N007–14, dated July
22, 2014. The service information
describes procedures for an inspection
to detect cracking on repaired 1.2
millimeter fuselage skin areas on
fuselage sections 11, 12, 13, 14, 16, and
17 at external doubler repairs. The
actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI. This service information is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section of this NPRM.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of these same
type designs.
Costs of Compliance
We estimate that this proposed AD
affects 940 airplanes of U.S. registry.
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. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $159,800, or $170 per product.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
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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.
(c) Applicability
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.
(d) Subject
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
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■
Airbus: Docket No. FAA–2015–3635;
Directorate Identifier 2015–NM–037–AD.
(a) Comments Due Date
We must receive comments by November
12, 2015.
(b) Affected ADs
None.
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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.
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by an evaluation by
the design approval holder indicating that
the fuselage skin repairs are subject to
widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking
of the fuselage skin, which could result in
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection To Determine Repair Areas
At the applicable time specified in
paragraph (g)(1) or (g)(2) of this AD: Do an
inspection to determine whether any fuselage
external skin (doubler) repairs have been
accomplished on fuselage sections 11, 12, 13,
14, 16, and 17 with a skin thickness of 1.2
millimeters. A review of airplane
maintenance records is acceptable in lieu of
this inspection if the identification of
applicable repairs can be conclusively
determined from that review.
(1) For Model A319, A320, and A321 series
airplanes: Except as specified in paragraph
(h)(1) and (h)(2) of this AD, at the applicable
time specified in paragraphs 4.1.1.b., and
4.1.1.c., of ‘‘Accomplishment Timescale,’’ of
Airbus Alert Operators Transmission (AOT)
A53N007–14, dated July 22, 2014, or within
350 flight cycles after the effective date of
this AD, whichever occurs later.
(2) For Model A318 series airplanes:
Except as specified in paragraph (h)(1) and
(h)(2) of this AD, at the Model A319 airplane
time specified in paragraphs 4.1.1.b., and
4.1.1.c., of ‘‘Accomplishment Timescale,’’ of
Airbus AOT A53N007–14, dated July 22,
2014, or within 350 flight cycles after the
effective date of this AD, whichever occurs
later.
(h) Exceptions to Service Information
(1) Where paragraphs 4.1.1.b., and 4.1.1.c.,
of ‘‘Accomplishment Timescale,’’ of Airbus
AOT A53N007–14, dated July 22, 2014,
specifies ‘‘FC’’, this AD specifies ‘‘flight
cycles.’’
(2) Where paragraphs 4.1.1.b., and 4.1.1.c.,
of ‘‘Accomplishment Timescale,’’ of Airbus
AOT A53N007–14, dated July 22, 2014,
specifies ‘‘from AOT issuance’’, this AD
specifies ‘‘as of the effective date of this AD.’’
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(i) Inspection for Cracking
If, during the inspection required by
paragraph (g) of this AD, it is determined that
any fuselage external skin (doubler) repair
has been accomplished on fuselage section
11, 12, 13, 14, 16, or 17: At the applicable
time specified paragraph (g)(1) or (g)(2) of
this AD, do an external ultrasonic inspection
(US) or an internal low frequency eddy
current (LFEC) inspection for cracking of all
of the repaired 1.2 millimeter (mm) fuselage
skin areas, in accordance with the
instructions specified in paragraph 4.2.2
‘‘Inspection Requirements,’’ of Airbus AOT
A53N007–14, dated July 22, 2014, except as
provided by paragraph (j) of this AD.
(j) Optional Inspection for Cracking
As an optional method of compliance to
the US or LFEC inspection required by
paragraph (i) of this AD: Do a high frequency
eddy current (HFEC) inspection for cracking
in the cut-out surrounding the fastener area,
at and in front (approximately 10–15
millimeters) of the fastener row, after doubler
removal and before any new extended
doubler installation, 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).
(k) Optional Repetitive Inspections
In lieu of doing the inspection required by
paragraph (i) of this AD: Within the
applicable compliance time specified in
paragraph 4.1.1 ‘‘Accomplishment
Timescale,’’ of Airbus AOT A53N007–14,
dated July 22, 2014, after accomplishing the
inspections required by paragraph (g) of this
AD, do a detailed inspection or HFEC
inspection and repeat the inspection
thereafter within the applicable compliance
times specified in paragraph 4.1.1
‘‘Accomplishment Timescale,’’ of Airbus
AOT A53N007–14, dated July 22, 2014. The
inspections must be done in accordance with
the instructions of paragraph 4.2.2
‘‘Inspection Requirements,’’ of Airbus AOT
A53N007–14, dated July 22, 2014. For Model
A318 series airplanes, use the applicable
compliance times and instructions specified
in Airbus AOT A53N007–14, dated July 22,
2014, that are specified for Model A319
series airplanes.
(l) Repair
If any crack is found during any inspection
required by paragraph (i), (j), or (k) of this
AD: Before further flight, repair the cracking,
in accordance with the instructions of
paragraph 4.2.3 ‘‘Findings,’’ of Airbus AOT
A53N007–14, dated July 22, 2014, except
where Airbus AOT A53N007–14, dated July
22, 2014, specifies to contact Airbus for a
repair design approval sheet or for further
instructions, this AD requires repair using a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the EASA; or
Airbus’s EASA DOA.
(m) FAA-Approved Maintenance or
Inspection Program Revision
Concurrently with the accomplishment of
any repair required by paragraph (l) of this
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DEPARTMENT OF THE TREASURY
(n) 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-116AMOC-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.
(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 EASA; or Airbus’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.
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AD, revise the post-repair inspection
threshold(s) in the applicable FAA-approved
maintenance program or inspection program,
as applicable, in accordance with the
instructions specified in paragraph 4.1.1
‘‘Accomplishment Timescale,’’ of Airbus
AOT A53N007–14, dated July 22, 2014;
except for Model A318 series airplanes use
the instructions specified for Model A319
series airplanes.
Qualifying Income From Activities of
Publicly Traded Partnerships With
Respect to Minerals or Natural
Resources; Hearing
(o) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2015–0036R1, dated
March 31, 2015, 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–
2015–3635.
(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
September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
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Internal Revenue Service
26 CFR Part 1
[REG–132634–14]
RIN 1545–BM43
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of public hearing on
proposed rulemaking.
AGENCY:
This document provides
notice of public hearing on proposed
regulations relates to section
7704(d)(1)(E) of the Internal Revenue
Code relating to qualifying income from
exploration, development, mining or
production, processing, refining,
transportation, and marketing of
minerals or production, processing,
refining, transportation, and marketing
of minerals or natural resources.
DATES: The public hearing is being held
on Tuesday, October 27, 2015, at 10 a.m.
The IRS must receive outlines of the
topics to be discussed at the public
hearing by Wednesday, October 7, 2015.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue NW., Washington,
DC 20224. Send Submissions to
CC:PA:LPD:PR (REG–132634–14), Room
5205, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday to CC:PA:LPD:PR (REG–132634–
14), Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC or sent electronically
via the Federal eRulemaking Portal at
www.regulations.gov (IRS–2015–0021).
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Caroline E.
Hay (202) 317–5279; concerning
submissions of comments, the hearing
and/or to be placed on the building
access list to attend the hearing, Regina
Johnson at (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
132634–14) that was published in the
Federal Register on Wednesday, May 6,
2015 (73 FR 25970). The rules of 26 CFR
601.601(a)(3) apply to the hearing.
Persons who wish to present oral
comments at the hearing that submitted
SUMMARY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
58229
written comments by August 4, 2015
must submit an outline of the topics to
be addressed and the amount of time to
be devoted to each topic by Wednesday,
October 7, 2015.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or in the Freedom
of Information Reading Room (FOIA RR)
(Room 1621) which is located at the
11th and Pennsylvania Avenue,
entrance, of 1111 Constitution Avenue
NW., Washington, DC.
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Associate Chief Counsel (Procedure and
Administration).
[FR Doc. 2015–24568 Filed 9–25–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219–AB78
Proximity Detection Systems for
Mobile Machines in Underground Coal
Mines
Mine Safety and Health
Administration, Labor.
ACTION: Proposed rule; scheduling of
public hearing.
AGENCY:
The Mine Safety and Health
Administration (MSHA) is announcing
the date and location of public hearings
on the Agency’s proposed rule
addressing Proximity Detection Systems
for Mobile Machines in Underground
Coal Mines, published on September 2,
2015.
DATES: The public hearing dates and
locations are listed in the
SUPPLEMENTARY INFORMATION section of
this document. Comments must be
received by midnight Eastern Standard
Time on December 1, 2015.
ADDRESSES: Comments, requests to
speak, and informational materials for
SUMMARY:
E:\FR\FM\28SEP1.SGM
28SEP1
Agencies
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Proposed Rules]
[Pages 58226-58229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24423]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-3635; Directorate Identifier 2015-NM-037-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by an evaluation by the design approval holder (DAH)
indicating that the fuselage skin repairs are subject to widespread
fatigue damage (WFD). This proposed AD would require an inspection to
determine whether any fuselage external skin (doubler) repairs have
been accomplished, an inspection for cracking of certain repaired
external fuselage skin areas in the fuselage, and repair if necessary.
We are proposing this AD to detect and correct fatigue cracking of the
fuselage skin, which could result in reduced structural integrity of
the airplane.
DATES: We must receive comments on this proposed AD by November 12,
2015.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this 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-2015-
3635; 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-2015-3635;
Directorate Identifier 2015-NM-037-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
Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally.
[[Page 58227]]
Global fatigue damage is general degradation of large areas of
structure with similar structural details and stress levels. Multiple-
site damage is global damage that occurs in a large structural element
such as a single rivet line of a lap splice joining two large skin
panels. Global damage can also occur in multiple elements such as
adjacent frames or stringers. Multiple-site-damage and multiple-
element-damage cracks are typically too small initially to be reliably
detected with normal inspection methods. Without intervention, these
cracks will grow, and eventually compromise the structural integrity of
the airplane, in a condition known as widespread fatigue damage (WFD).
As an airplane ages, WFD will likely occur, and will certainly occur if
the airplane is operated long enough without any intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0036R1, dated March 31, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on all Model A318, A319,
A320, and A321 series airplanes. The MCAI states:
During A320 family Extended Service Goal full scale fatigue
tests, it was demonstrated that the inspection thresholds defined in
the current Structural Repair Manual (SRM) for the A320 family skin
repairs are insufficient to detect possible cracks becoming after
repairs. The findings are limited to 1.2 [millimeter] (mm) fuselage
skin and cover for all cut-out external repairs. The internal
repairs are not affected.
This condition, if not detected and corrected, could affect the
structural integrity of the fuselage at the repaired skin area(s).
To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A53N007-14 to provide inspection
instructions.
For the reasons described above, EASA issued AD 2015-0036
[https://www.casa.gov.au/scripts/nc.dll?WCMS:OLDASSET::svPath=/ADFiles/over/a320/,svFileName=2015-0036.pdf] to require a one-time
inspection of the affected areas and, depending on findings,
accomplishment of applicable repair instructions.
Since that AD was issued, operators have questioned the
inspection threshold for A318 aeroplanes (not yet in the Airbus
AOT), which is actually identical to that for A319 aeroplanes. In
addition, an error has been detected in paragraph (1), since
external doublers may have been installed in the affected area by a
modification that may not be recorded as repair.
Such doubler installations are also subject to the inspection
requirements of this AD, which is therefore revised to provide
clarifications, correcting paragraph (1) and introducing a Note.
Required actions include an inspection to determine whether any
fuselage external skin (doubler) repairs have been accomplished, an
external ultrasonic inspection or an internal low/high frequency eddy
current inspection for cracking of certain repaired external fuselage
skin areas in the fuselage, and repair if necessary. The compliance
times vary depending on airplane configuration. The earliest compliance
time is within 25,200 flight cycles since last repair, or within 350
flight cycles after the effective date of the AD, whichever occurs
later. The latest compliance time is within 45,000 flight cycles since
last repair; within 1,500 flight cycles from the effective date of the
AD, without exceeding 49,100 flight cycles since last repair; or within
350 flight cycles since the effective date of the AD; whichever occurs
last. 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-2015-3635.
Related Service Information Under 1 CFR Part 51
Airbus has issued Alert Operators Transmission A53N007-14, dated
July 22, 2014. The service information describes procedures for an
inspection to detect cracking on repaired 1.2 millimeter fuselage skin
areas on fuselage sections 11, 12, 13, 14, 16, and 17 at external
doubler repairs. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this NPRM.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Costs of Compliance
We estimate that this proposed AD affects 940 airplanes of U.S.
registry.
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. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $159,800, or $170
per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701:
[[Page 58228]]
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-2015-3635; Directorate Identifier 2015-NM-
037-AD.
(a) Comments Due Date
We must receive comments by November 12, 2015.
(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 53, Fuselage.
(e) Reason
This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage skin repairs are subject to
widespread fatigue damage. We are issuing this AD to detect and
correct fatigue cracking of the fuselage skin, which could result in
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection To Determine Repair Areas
At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do an inspection to determine whether any fuselage
external skin (doubler) repairs have been accomplished on fuselage
sections 11, 12, 13, 14, 16, and 17 with a skin thickness of 1.2
millimeters. A review of airplane maintenance records is acceptable
in lieu of this inspection if the identification of applicable
repairs can be conclusively determined from that review.
(1) For Model A319, A320, and A321 series airplanes: Except as
specified in paragraph (h)(1) and (h)(2) of this AD, at the
applicable time specified in paragraphs 4.1.1.b., and 4.1.1.c., of
``Accomplishment Timescale,'' of Airbus Alert Operators Transmission
(AOT) A53N007-14, dated July 22, 2014, or within 350 flight cycles
after the effective date of this AD, whichever occurs later.
(2) For Model A318 series airplanes: Except as specified in
paragraph (h)(1) and (h)(2) of this AD, at the Model A319 airplane
time specified in paragraphs 4.1.1.b., and 4.1.1.c., of
``Accomplishment Timescale,'' of Airbus AOT A53N007-14, dated July
22, 2014, or within 350 flight cycles after the effective date of
this AD, whichever occurs later.
(h) Exceptions to Service Information
(1) Where paragraphs 4.1.1.b., and 4.1.1.c., of ``Accomplishment
Timescale,'' of Airbus AOT A53N007-14, dated July 22, 2014,
specifies ``FC'', this AD specifies ``flight cycles.''
(2) Where paragraphs 4.1.1.b., and 4.1.1.c., of ``Accomplishment
Timescale,'' of Airbus AOT A53N007-14, dated July 22, 2014,
specifies ``from AOT issuance'', this AD specifies ``as of the
effective date of this AD.''
(i) Inspection for Cracking
If, during the inspection required by paragraph (g) of this AD,
it is determined that any fuselage external skin (doubler) repair
has been accomplished on fuselage section 11, 12, 13, 14, 16, or 17:
At the applicable time specified paragraph (g)(1) or (g)(2) of this
AD, do an external ultrasonic inspection (US) or an internal low
frequency eddy current (LFEC) inspection for cracking of all of the
repaired 1.2 millimeter (mm) fuselage skin areas, in accordance with
the instructions specified in paragraph 4.2.2 ``Inspection
Requirements,'' of Airbus AOT A53N007-14, dated July 22, 2014,
except as provided by paragraph (j) of this AD.
(j) Optional Inspection for Cracking
As an optional method of compliance to the US or LFEC inspection
required by paragraph (i) of this AD: Do a high frequency eddy
current (HFEC) inspection for cracking in the cut-out surrounding
the fastener area, at and in front (approximately 10-15 millimeters)
of the fastener row, after doubler removal and before any new
extended doubler installation, 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).
(k) Optional Repetitive Inspections
In lieu of doing the inspection required by paragraph (i) of
this AD: Within the applicable compliance time specified in
paragraph 4.1.1 ``Accomplishment Timescale,'' of Airbus AOT A53N007-
14, dated July 22, 2014, after accomplishing the inspections
required by paragraph (g) of this AD, do a detailed inspection or
HFEC inspection and repeat the inspection thereafter within the
applicable compliance times specified in paragraph 4.1.1
``Accomplishment Timescale,'' of Airbus AOT A53N007-14, dated July
22, 2014. The inspections must be done in accordance with the
instructions of paragraph 4.2.2 ``Inspection Requirements,'' of
Airbus AOT A53N007-14, dated July 22, 2014. For Model A318 series
airplanes, use the applicable compliance times and instructions
specified in Airbus AOT A53N007-14, dated July 22, 2014, that are
specified for Model A319 series airplanes.
(l) Repair
If any crack is found during any inspection required by
paragraph (i), (j), or (k) of this AD: Before further flight, repair
the cracking, in accordance with the instructions of paragraph 4.2.3
``Findings,'' of Airbus AOT A53N007-14, dated July 22, 2014, except
where Airbus AOT A53N007-14, dated July 22, 2014, specifies to
contact Airbus for a repair design approval sheet or for further
instructions, this AD requires repair using a method approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the EASA; or Airbus's EASA DOA.
(m) FAA-Approved Maintenance or Inspection Program Revision
Concurrently with the accomplishment of any repair required by
paragraph (l) of this
[[Page 58229]]
AD, revise the post-repair inspection threshold(s) in the applicable
FAA-approved maintenance program or inspection program, as
applicable, in accordance with the instructions specified in
paragraph 4.1.1 ``Accomplishment Timescale,'' of Airbus AOT A53N007-
14, dated July 22, 2014; except for Model A318 series airplanes use
the instructions specified for Model A319 series airplanes.
(n) 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.
(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 EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
(o) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0036R1, dated March 31,
2015, 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-2015-3635.
(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 September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-24423 Filed 9-25-15; 8:45 am]
BILLING CODE 4910-13-P