Airworthiness Directives; Airbus Airplanes, 72748-72751 [2016-23787]
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Issued in Kansas City, Missouri, on
October 7, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2016–24857 Filed 10–20–16; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–7526; Directorate
Identifier 2014–NM–217–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
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Examining the AD Docket
We are revising an earlier
proposed airworthiness directive (AD)
for all Airbus Model A318, A319, A320,
and A321 series airplanes. This action
revises the notice of proposed
rulemaking (NPRM) by requiring an
additional action for sealant application
on some nuts and bolts on the National
Advisory Committee for Aeronautics
(NACA) duct assembly and adding a
grace period to the compliance time. We
are proposing this SNPRM to detect and
correct corroded circlips. Such
corrosion could lead to failure of the
circlips and consequent movement of
the FVP and result in a reduction of the
flame protector capability of the FVP
cartridge. Such a condition could result
in damage to the airplane in case of
lightning impact or fire on the ground.
Since the additional actions impose an
additional burden over those proposed
in the NPRM, we are reopening the
comment period to allow the public the
chance to comment on these proposed
changes.
DATES: The comment period for the
NPRM published in the Federal
Register on December 23, 2015 (80 FR
79742), is reopened.
We must receive comments on this
SNPRM by December 5, 2016.
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–
SUMMARY:
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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this SNPRM, contact Airbus,
Airworthiness Office—EIAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com;
Internet https://www.airbus.com. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
7526; 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 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–2015–7526; Directorate Identifier
2014–NM–217–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
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www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus Model A318, A319,
A320, and A321 series airplanes. The
NPRM published in the Federal
Register on December 23, 2015 (80 FR
79742) (‘‘the NPRM’’). The NPRM was
prompted by the discovery of corroded
circlips in FVPs having a certain part
number. The NPRM proposed to require
an inspection to determine the part
number and serial number of the FVP,
and replacement if necessary.
Actions Since the NPRM Was Issued
Since we issued the NPRM, Airbus
has issued revised service information
to include an additional action to apply
sealant on nuts and bolts of the NACA
duct assembly. Airplanes on which the
installation in the original service
information was done would be
required to do this additional action. In
addition, we determined that a grace
period is needed so operators have
sufficient time to comply with the
requirements in this proposed AD.
In addition, the European Aviation
Safety Agency (EASA) superseded
EASA Airworthiness Directive 2014–
0234R1, dated December 11, 2014
(which was referred to in the NPRM),
and issued EASA Airworthiness
Directive 2016–0114, dated June 15,
2016; corrected June 23, 2016; which
retains the requirements of EASA AD
2014–0234R1 and includes an
additional action.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued
Airworthiness Directive 2016–0114,
dated June 15, 2016; corrected June 23,
2016 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Model A318, A319, A320, and A321
series airplanes. The MCAI states:
On each aeroplane wing, a NACA duct
assembly is installed, including a Fuel Vent
Protector (FVP) which is used as flame
arrestor. This FVP is maintained in its NACA
duct assembly by a circlip (also known as Cclip). Following a wing water pressure test,
the FVP is removed and dried with heat.
During an inspection after this test, several
circlips were reported to be discoloured.
Investigation revealed that a batch of circlips
fitted on some FVP Part Number (P/N)
786073–1–0 have an increased risk of
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
corrosion due to a manufacturing quality
issue.
This condition, if not detected and
corrected, could lead to circlip failure and
consequent FVP movement, reducing the
flame protector capability of the FVP
cartridge, possibly resulting in damage to the
aeroplane in case of lightning impact or fire
on ground.
Airbus issued Service Bulletin (SB) A320–
28–1221, providing instructions for
identification by serial number (s/n) and
removal from service of the affected FVP
P/N 786073–1–0, and EASA issued AD 2014–
0234, later revised, to require those actions
and to implement installation requirements
for the FVP.
After that [EASA] AD was issued, one step
in the FVP re-installation instructions was
identified as missing. Consequently, Airbus
revised SB A320–28–1221 to provide
instructions for sealant installation on some
nuts and bolts on the NACA duct assembly.
For the reasons described above, this
[EASA] AD retains the requirements of EASA
AD 2014–0234R1, which is superseded, and
requires additional work for aeroplanes
already modified in accordance with Airbus
SB A320–28–1221 original issue or Revision
01.
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–
7526.
Related Service Information Under 1
CFR Part 51
Airbus has issued Service Bulletin
A320–28–1221, Revision 02, dated
January 11, 2016. The service
information describes procedures for
inspecting the FVP to determine the part
number and serial number, replacing
any affected FVP, and applying sealant
to the nuts and bolts of the FVP. 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.
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Comments
We gave the public the opportunity to
participate in developing this proposed
AD. We considered the comments
received.
Request To Refer to Revised Service
Information
Airbus requested that the service
information referred to in the NPRM be
revised. Since the NPRM was published,
Airbus issued Service Bulletin A320–
28–1221, Revision 02, dated January 11,
2016, which includes an additional
action (i.e., the application of sealant to
the nuts and bolts of a FVP after
installation). The additional action was
not included in the Accomplishment
Instructions of Airbus Service Bulletin
A320–28–1221, Revision 01, dated June
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23, 2015, which was referred to as the
appropriate source of service
information for accomplishing the
required actions proposed in the NPRM.
We agree with the commenter’s
request to refer to the revised service
information in this SNPRM. We have
revised paragraphs (g) and (i) of this
proposed AD to refer to the revised
service information, Airbus Service
Bulletin A320–28–1221, Revision 02,
dated January 11, 2016.
Request To Extend the Compliance
Time
American Airlines (AAL) requested
that the compliance time in paragraph
(h) of the proposed AD be changed from
‘‘at the earliest of the times’’ to ‘‘at the
latest of the times,’’ or be simplified to
‘‘within 6 months after the effective
date.’’ AAL stated that its 4 affected
airplanes would be out of compliance
when the NPRM became a final rule
because the airplanes have already
accumulated approximately 9,000 flight
hours and 4,000 flight cycles, and have
been in service for 34 months.
We partially agree with the
commenter’s request. We revised
paragraph (h) of this proposed AD to
include a grace period of 30 days from
the effective date of the AD to
accomplish the required actions. In
regard to the compliance times in
paragraphs (h)(1), (h)(2), and (h)(3) of
this AD, we do not agree to change ‘‘at
the earliest of the times’’ to ‘‘at the latest
of the times,’’ or to simplify the
compliance time to ‘‘within 6 months
after the effective date of this AD.’’ In
developing an appropriate compliance
time, we considered the safety
implications and the time necessary to
do the inspection to determine the part
number and serial number of the FVP,
and any necessary replacements. In light
of these items, we have determined that
the compliance times specified in
paragraphs (h)(1), (h)(2), and (h)(3) of
this proposed AD are appropriate.
However, under the provisions of
paragraph (k)(1) of this proposed AD,
we will consider requests for approval
of an extension of the compliance time
if sufficient data are submitted to
substantiate that the extension would
provide an acceptable level of safety.
We have not changed this AD regarding
this issue.
Request To Revise Costs of Compliance
AAL requested that the ‘‘Costs of
Compliance’’ section of the NPRM be
revised to increase the number of workhours from 5 to 12. AAL stated that
there are multiple positions on each
airplane that need to be inspected and
may need corrective actions.
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We agree with the commenter’s
request. Based on the reason provided
by the commenter, and the new
additional action included in this
SNPRM, we have revised the ‘‘Costs of
Compliance’’ section to increase the
work-hours from 5 to 19.
FAA’s Determination and Requirements
of This SNPRM
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.
Certain changes described above
expand the scope of the NPRM. As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on this SNPRM.
Costs of Compliance
We estimate that this SNPRM affects
7 airplanes of U.S. registry.
We also estimate that it would take
about 19 work-hours per product to
comply with the new basic
requirements of this SNPRM. The
average labor rate is $85 per work-hour.
Required parts would cost about
$25,640 per product. Based on these
figures, we estimate the cost of this
SNPRM on U.S. operators to be
$190,785, or $27,255 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
(a) Comments Due Date
We must receive comments by December 5,
2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes specified
in paragraphs (c)(1), (c)(2), (c)(3), and (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.
N) 786073–1–0 with a serial number that is
specified in figure 2 to paragraphs (g) and (i)
of this AD, and the FVP is not marked ‘‘Amdt
B,’’ replace the FVP with a serviceable part,
at the time specified in paragraph (h) of this
AD, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
28–1221, Revision 02, dated January 11,
2016. A review of airplane maintenance
records is acceptable in lieu of this
inspection if the part number and serial
number of the FVP can be conclusively
determined from that review.
FIGURE 1 TO PARAGRAPHS (g) AND (i)
OF THIS AD—AFFECTED AIRPLANE
MANUFACTURER SERIAL NUMBERS
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by the discovery of
corroded circlips in fuel vent protectors
(FVP) having a certain part number. We are
issuing this AD to detect and correct
corroded circlips. Such corrosion could lead
to failure of the circlips and consequent
movement of the FVP and result in a
reduction of the flame protector capability of
the FVP cartridge, which could result in
damage to the airplane in case of lightning
impact or fire on the ground.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
Airbus: Docket No. FAA–2015–7526;
Directorate Identifier 2014–NM–217–AD.
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(g) Inspection of FVP and Corrective Action
For airplanes having a manufacturer serial
number specified in figure 1 to paragraphs (g)
and (i) of this AD: At the time specified in
paragraph (h) of this AD, do an inspection to
determine the part number and serial number
of the FVP. If the FVP has part number (P/
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through 5478
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through 5488
through 5493
through 5505
through 5515
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through 5527
5530
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5539
5541
5544
5547
5551
5553
5556
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
FIGURE 2 TO PARAGRAPHS (g) AND (i) OF THIS AD—AFFECTED SERIAL NUMBERS FOR PART NUMBER 786073–1–0
[Manufactured during August 2012]
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Serial number 786073IN0xxxx (xxxx indicates the last four digits)
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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
(h) Compliance Times for the Requirements
of Paragraph (g) of This AD
Do the actions required by paragraph (g) of
this AD at the earliest of the times specified
in paragraphs (h)(1), (h)(2), and (h)(3) of this
AD, or within 30 days after the effective date
of this AD, whichever occurs later.
(1) Before the accumulation of 5,000 total
flight cycles after the date of manufacture of
the airplane.
(2) Before the accumulation of 7,500 total
flight hours after the date of manufacture of
the airplane.
(3) Within 30 months after the date of
manufacture of the airplane.
(i) Exclusion From Actions Required by
Paragraph (g) of This AD
An airplane that does not have a
manufacturer serial number specified in
figure 1 to paragraphs (g) and (i) of this AD
is excluded from the requirements of
paragraph (g) of this AD, provided that, a
FVP having P/N 786073–1–0 with a serial
number specified in figure 2 to paragraphs (g)
and (i) of this AD has not been installed on
that airplane after July 2012. If a FVP having
P/N 786073–1–0 with a serial number
specified in figure 2 to paragraphs (g) and (i)
of this AD is installed, or the serial number
cannot be identified: Within 12 months after
the effective date of this AD, replace the FVP
with a serviceable part, in accordance with
the Accomplishment Instructions of Airbus
Service Bulletin A320–28–1221, Revision 02,
dated January 11, 2016. A review of airplane
maintenance records is acceptable if it can be
conclusively determined from that review
that a FVP having a serial number specified
in figure 2 to paragraphs (g) and (i) of this
AD has not been installed on that airplane
after July 2012.
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(j) Parts Installation Limitation
As of the effective date of this AD, a FVP
having P/N 786073–1–0 and a serial number
listed in figure 2 to paragraphs (g) and (i) of
this AD may be installed on any airplane,
provided the FVP is marked with ‘‘Amdt B.’’
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
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.
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17:22 Oct 20, 2016
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(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.
(3) Required for Compliance (RC): If any
service information contains procedures or
tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
ACTION:
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2016–0114, dated
June 15, 2016; corrected June 23, 2016; for
related information. This MCAI may be
found in the AD docket on the Internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2015–7526.
(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 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.
72751
ADDRESSES:
Notice of proposed rulemaking
by cross-reference to temporary
regulation.
The Department of the
Treasury (Treasury Department) and the
IRS are issuing temporary regulations
that affect corporations and partnerships
that issue purported indebtedness to
related corporations or partnerships in
the Rules and Regulations section of this
issue of the Federal Register. The
temporary regulations provide rules
addressing the treatment of instruments
issued by partnerships, consolidated
groups, and certain transactions
involving qualified cash-management
arrangements. The text of the temporary
regulations also serves as the text of
these proposed regulations.
SUMMARY:
Written or electronic comments
and requests for a public hearing must
be received by January 19, 2017.
DATES:
Send submissions to:
CC:PA:LPD:PR (REG–130314–16), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20224. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–130314–
16), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC 20224, or sent
electronically via the Federal
eRulemaking Portal at
https://www.regulations.gov (IRS REG–
130314–16).
FOR FURTHER INFORMATION CONTACT:
Issued in Renton, Washington, on
September 26, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Concerning the proposed regulations,
Austin M. Diamond-Jones, (202) 317–
5363, or Joshua G. Rabon, (202) 317–
6937; concerning submissions of
comments or requests for a public
hearing, Regina Johnson, (202) 317–
5177 (not toll-free numbers).
[FR Doc. 2016–23787 Filed 10–20–16; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
Background
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–130314–16]
RIN 1545–BN68
Treatment of Certain Interests in
Corporations as Stock or Indebtedness
Internal Revenue Service (IRS),
Treasury.
AGENCY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
The temporary regulations in the
Rules and Regulations section of this
issue of the Federal Register contain
rules under sections 385 and 752 of the
Internal Revenue Code (Code) that
establish requirements that ordinarily
must be satisfied in order for certain
related-party interests in a corporation
to be treated as indebtedness for federal
tax purposes. The text of the temporary
regulations also serves as the text of the
proposed regulations herein. The
preamble to the temporary regulations
explains the temporary regulations and
the corresponding proposed regulations.
E:\FR\FM\21OCP1.SGM
21OCP1
]]>Agencies
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72748-72751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23787]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-7526; Directorate Identifier 2014-NM-217-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for all Airbus Model A318, A319, A320, and A321 series airplanes.
This action revises the notice of proposed rulemaking (NPRM) by
requiring an additional action for sealant application on some nuts and
bolts on the National Advisory Committee for Aeronautics (NACA) duct
assembly and adding a grace period to the compliance time. We are
proposing this SNPRM to detect and correct corroded circlips. Such
corrosion could lead to failure of the circlips and consequent movement
of the FVP and result in a reduction of the flame protector capability
of the FVP cartridge. Such a condition could result in damage to the
airplane in case of lightning impact or fire on the ground. Since the
additional actions impose an additional burden over those proposed in
the NPRM, we are reopening the comment period to allow the public the
chance to comment on these proposed changes.
DATES: The comment period for the NPRM published in the Federal
Register on December 23, 2015 (80 FR 79742), is reopened.
We must receive comments on this SNPRM by December 5, 2016.
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 SNPRM, 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-
7526; 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
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-2015-7526;
Directorate Identifier 2014-NM-217-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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A318,
A319, A320, and A321 series airplanes. The NPRM published in the
Federal Register on December 23, 2015 (80 FR 79742) (``the NPRM''). The
NPRM was prompted by the discovery of corroded circlips in FVPs having
a certain part number. The NPRM proposed to require an inspection to
determine the part number and serial number of the FVP, and replacement
if necessary.
Actions Since the NPRM Was Issued
Since we issued the NPRM, Airbus has issued revised service
information to include an additional action to apply sealant on nuts
and bolts of the NACA duct assembly. Airplanes on which the
installation in the original service information was done would be
required to do this additional action. In addition, we determined that
a grace period is needed so operators have sufficient time to comply
with the requirements in this proposed AD.
In addition, the European Aviation Safety Agency (EASA) superseded
EASA Airworthiness Directive 2014-0234R1, dated December 11, 2014
(which was referred to in the NPRM), and issued EASA Airworthiness
Directive 2016-0114, dated June 15, 2016; corrected June 23, 2016;
which retains the requirements of EASA AD 2014-0234R1 and includes an
additional action.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued Airworthiness Directive 2016-0114, dated
June 15, 2016; corrected June 23, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A318, A319, A320, and
A321 series airplanes. The MCAI states:
On each aeroplane wing, a NACA duct assembly is installed,
including a Fuel Vent Protector (FVP) which is used as flame
arrestor. This FVP is maintained in its NACA duct assembly by a
circlip (also known as C-clip). Following a wing water pressure
test, the FVP is removed and dried with heat. During an inspection
after this test, several circlips were reported to be discoloured.
Investigation revealed that a batch of circlips fitted on some FVP
Part Number (P/N) 786073-1-0 have an increased risk of
[[Page 72749]]
corrosion due to a manufacturing quality issue.
This condition, if not detected and corrected, could lead to
circlip failure and consequent FVP movement, reducing the flame
protector capability of the FVP cartridge, possibly resulting in
damage to the aeroplane in case of lightning impact or fire on
ground.
Airbus issued Service Bulletin (SB) A320-28-1221, providing
instructions for identification by serial number (s/n) and removal
from service of the affected FVP P/N 786073-1-0, and EASA issued AD
2014-0234, later revised, to require those actions and to implement
installation requirements for the FVP.
After that [EASA] AD was issued, one step in the FVP re-
installation instructions was identified as missing. Consequently,
Airbus revised SB A320-28-1221 to provide instructions for sealant
installation on some nuts and bolts on the NACA duct assembly.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0234R1, which is superseded, and
requires additional work for aeroplanes already modified in
accordance with Airbus SB A320-28-1221 original issue or Revision
01.
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-
7526.
Related Service Information Under 1 CFR Part 51
Airbus has issued Service Bulletin A320-28-1221, Revision 02, dated
January 11, 2016. The service information describes procedures for
inspecting the FVP to determine the part number and serial number,
replacing any affected FVP, and applying sealant to the nuts and bolts
of the FVP. 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.
Comments
We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received.
Request To Refer to Revised Service Information
Airbus requested that the service information referred to in the
NPRM be revised. Since the NPRM was published, Airbus issued Service
Bulletin A320-28-1221, Revision 02, dated January 11, 2016, which
includes an additional action (i.e., the application of sealant to the
nuts and bolts of a FVP after installation). The additional action was
not included in the Accomplishment Instructions of Airbus Service
Bulletin A320-28-1221, Revision 01, dated June 23, 2015, which was
referred to as the appropriate source of service information for
accomplishing the required actions proposed in the NPRM.
We agree with the commenter's request to refer to the revised
service information in this SNPRM. We have revised paragraphs (g) and
(i) of this proposed AD to refer to the revised service information,
Airbus Service Bulletin A320-28-1221, Revision 02, dated January 11,
2016.
Request To Extend the Compliance Time
American Airlines (AAL) requested that the compliance time in
paragraph (h) of the proposed AD be changed from ``at the earliest of
the times'' to ``at the latest of the times,'' or be simplified to
``within 6 months after the effective date.'' AAL stated that its 4
affected airplanes would be out of compliance when the NPRM became a
final rule because the airplanes have already accumulated approximately
9,000 flight hours and 4,000 flight cycles, and have been in service
for 34 months.
We partially agree with the commenter's request. We revised
paragraph (h) of this proposed AD to include a grace period of 30 days
from the effective date of the AD to accomplish the required actions.
In regard to the compliance times in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, we do not agree to change ``at the earliest of the
times'' to ``at the latest of the times,'' or to simplify the
compliance time to ``within 6 months after the effective date of this
AD.'' In developing an appropriate compliance time, we considered the
safety implications and the time necessary to do the inspection to
determine the part number and serial number of the FVP, and any
necessary replacements. In light of these items, we have determined
that the compliance times specified in paragraphs (h)(1), (h)(2), and
(h)(3) of this proposed AD are appropriate. However, under the
provisions of paragraph (k)(1) of this proposed AD, we will consider
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the extension would
provide an acceptable level of safety. We have not changed this AD
regarding this issue.
Request To Revise Costs of Compliance
AAL requested that the ``Costs of Compliance'' section of the NPRM
be revised to increase the number of work-hours from 5 to 12. AAL
stated that there are multiple positions on each airplane that need to
be inspected and may need corrective actions.
We agree with the commenter's request. Based on the reason provided
by the commenter, and the new additional action included in this SNPRM,
we have revised the ``Costs of Compliance'' section to increase the
work-hours from 5 to 19.
FAA's Determination and Requirements of This SNPRM
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.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Costs of Compliance
We estimate that this SNPRM affects 7 airplanes of U.S. registry.
We also estimate that it would take about 19 work-hours per product
to comply with the new basic requirements of this SNPRM. The average
labor rate is $85 per work-hour. Required parts would cost about
$25,640 per product. Based on these figures, we estimate the cost of
this SNPRM on U.S. operators to be $190,785, or $27,255 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
[[Page 72750]]
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-2015-7526; Directorate Identifier 2014-NM-
217-AD.
(a) Comments Due Date
We must receive comments by December 5, 2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes specified in paragraphs (c)(1),
(c)(2), (c)(3), and (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 28, Fuel.
(e) Reason
This AD was prompted by the discovery of corroded circlips in
fuel vent protectors (FVP) having a certain part number. We are
issuing this AD to detect and correct corroded circlips. Such
corrosion could lead to failure of the circlips and consequent
movement of the FVP and result in a reduction of the flame protector
capability of the FVP cartridge, which could result in damage to the
airplane in case of lightning impact or fire on the ground.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection of FVP and Corrective Action
For airplanes having a manufacturer serial number specified in
figure 1 to paragraphs (g) and (i) of this AD: At the time specified
in paragraph (h) of this AD, do an inspection to determine the part
number and serial number of the FVP. If the FVP has part number (P/
N) 786073-1-0 with a serial number that is specified in figure 2 to
paragraphs (g) and (i) of this AD, and the FVP is not marked ``Amdt
B,'' replace the FVP with a serviceable part, at the time specified
in paragraph (h) of this AD, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-28-1221, Revision 02,
dated January 11, 2016. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part number and serial
number of the FVP can be conclusively determined from that review.
Figure 1 to Paragraphs (g) and (i) of This AD--Affected Airplane
Manufacturer Serial Numbers
------------------------------------------------------------------------
-------------------------------------------------------------------------
5438
5441
5444
5445
5447
5457
5459
5460
5461
5463
5464
5469
5473 through 5478 inclusive
5481
5482
5483
5485 through 5488 inclusive
5490 through 5493 inclusive
5495 through 5505 inclusive
5507 through 5515 inclusive
5517
5518
5520 through 5527 inclusive
5530
5536
5539
5541
5544
5547
5551
5553
5556
------------------------------------------------------------------------
Figure 2 to Paragraphs (g) and (i) of This AD--Affected Serial Numbers for Part Number 786073-1-0
[Manufactured during August 2012]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Serial number 786073IN0xxxx (xxxx indicates the last four digits)
----------------------------------------------------------------------------------------------------------------
3752 3821 3868 3911 3966 4010
3753 3826 3871 3914 3967 4011
3754 3827 3874 3922 3969 4013
3755 3829 3877 3925 3971 4017
3756 3830 3878 3927 3972 4019
3757 3833 3882 3930 3977 4023
3758 3834 3893 3937 3978 4024
3759 3836 3897 3938 3980 4025
3760 3839 3898 3940 3981 4026
3761 3840 3899 3945 3982 4039
3787 3848 3900 3946 3983 4048
3788 3849 3901 3947 3984 4065
3810 3850 3904 3948 3985 4066
3812 3851 3905 3951 3986 4068
3814 3853 3906 3961 3987 4070
3817 3859 3907 3962 3996 4184
3819 3860 3908 3964 3997 4187
3820 3867 3910 3965 4009 None
----------------------------------------------------------------------------------------------------------------
[[Page 72751]]
(h) Compliance Times for the Requirements of Paragraph (g) of This AD
Do the actions required by paragraph (g) of this AD at the
earliest of the times specified in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, or within 30 days after the effective date of
this AD, whichever occurs later.
(1) Before the accumulation of 5,000 total flight cycles after
the date of manufacture of the airplane.
(2) Before the accumulation of 7,500 total flight hours after
the date of manufacture of the airplane.
(3) Within 30 months after the date of manufacture of the
airplane.
(i) Exclusion From Actions Required by Paragraph (g) of This AD
An airplane that does not have a manufacturer serial number
specified in figure 1 to paragraphs (g) and (i) of this AD is
excluded from the requirements of paragraph (g) of this AD, provided
that, a FVP having P/N 786073-1-0 with a serial number specified in
figure 2 to paragraphs (g) and (i) of this AD has not been installed
on that airplane after July 2012. If a FVP having P/N 786073-1-0
with a serial number specified in figure 2 to paragraphs (g) and (i)
of this AD is installed, or the serial number cannot be identified:
Within 12 months after the effective date of this AD, replace the
FVP with a serviceable part, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-28-1221, Revision 02,
dated January 11, 2016. A review of airplane maintenance records is
acceptable if it can be conclusively determined from that review
that a FVP having a serial number specified in figure 2 to
paragraphs (g) and (i) of this AD has not been installed on that
airplane after July 2012.
(j) Parts Installation Limitation
As of the effective date of this AD, a FVP having P/N 786073-1-0
and a serial number listed in figure 2 to paragraphs (g) and (i) of
this AD may be installed on any airplane, provided the FVP is marked
with ``Amdt B.''
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested 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
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.
(3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0114, dated June 15, 2016;
corrected June 23, 2016; for related information. This MCAI may be
found in the AD docket on the Internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2015-7526.
(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 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.
Issued in Renton, Washington, on September 26, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-23787 Filed 10-20-16; 8:45 am]
BILLING CODE 4910-13-P
