Airworthiness Directives; Airbus Airplanes, 17770-17773 [2017-07441]
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17770
Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules
Federal Aviation Administration
10, for all Airbus Model A318, A319,
A320, and A321 series airplanes. AD
2014–26–10 currently requires revising
the maintenance or inspection program
to incorporate maintenance
requirements and airworthiness
limitations. Since we issued AD 2014–
26–10, we have determined that more
restrictive maintenance instructions and
airworthiness limitations are necessary.
This proposed AD would require
revising the maintenance or inspection
program, as applicable, to incorporate
new or revised airworthiness limitation
requirements. This proposed AD also
removes airplanes from the
applicability. We are proposing this AD
to address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by May 30, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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.
14 CFR Part 39
Examining the AD Docket
agencies to write documents in a clear,
concise, and well-organized manner.
The NRC has written this document to
be consistent with the Plain Writing Act
as well as the Presidential
Memorandum, ‘‘Plain Language in
Government Writing,’’ published June
10, 1998 (63 FR 31883). The NRC
requests comment on this document
with respect to the clarity and
effectiveness of the language used.
VII. Public Meeting
The NRC plans to hold a public
meeting during the public comment
period for this notice. The public
meeting will provide a forum for the
NRC staff to discuss the issues and
questions with external stakeholders
regarding the draft regulatory basis to
add new EP requirements for SMRs and
ONTs. The NRC does not intend to
provide detailed responses to comments
or other information submitted during
the public meeting.
The public meeting will be noticed on
the NRC’s public meeting Web site at
least 10 calendar days before the
meeting. Stakeholders should monitor
the NRC’s Public Meeting Schedule Web
page for additional information about
the public meeting at https://
meetings.nrc.gov/pmns/mtg.
The NRC will post a notice for the
public meeting and may post additional
material related to this action to the
Federal rulemaking Web site at
www.regulations.gov under Docket ID
NRC–2015–0225.
Dated at Rockville, Maryland, this 29th day
of March 2017.
For the Nuclear Regulatory Commission.
Robert K. Caldwell,
Acting Director, Division of Engineering and
Infrastructure, Office of New Reactors.
[FR Doc. 2017–07502 Filed 4–12–17; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2017–0248; Directorate
Identifier 2016–NM–088–AD]
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RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–26–
SUMMARY:
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You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0248; 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
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be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone: 425–227–1405;
fax: 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2017–0248; Directorate Identifier
2016–NM–088–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On December 19, 2014, we issued AD
2014–26–10, Amendment 39–18061 (80
FR 2813, January 21, 2015) (‘‘AD 2014–
26–10’’), for all Airbus Model A318,
A319, A320, and A321 series airplanes.
AD 2014–26–10 was prompted by a
determination that the maintenance
actions for airplane systems susceptible
to aging must be mandated. AD 2014–
26–10 requires revising the maintenance
or inspection program to incorporate
maintenance requirements and
airworthiness limitations. We issued AD
2014–26–10 to mitigate the risks
associated with aging effects of airplane
systems. Such aging effects could
change the characteristics of the systems
leading to an increased potential for
failure, which could result in failure of
certain life-limited parts, and reduced
structural integrity or reduced
controllability of the airplane.
Since we issued AD 2014–26–10, we
have determined that more restrictive
maintenance instructions and
airworthiness limitations are necessary.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0093,
dated May 13, 2016 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
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Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules
MCAI’’), to correct an unsafe condition
for all Airbus Model A318, A319, A320,
and A321 series airplanes. The MCAI
states:
The airworthiness limitations for Airbus
A320 family aeroplanes are currently defined
and published in Airbus A318/A319/A320/
A321 Airworthiness Limitations Section
(ALS) documents. The airworthiness
limitations applicable to the System
Equipment Maintenance Requirements,
which are approved by [European Aviation
Safety Agency] EASA, are specified in ALS
Part 4.
The instructions contained in the ALS Part
4 have been identified as mandatory actions
for continued airworthiness. Failure to
comply with these instructions could result
in an unsafe condition.
Previously, EASA issued AD 2013–0146
[which corresponds to FAA AD 2014–26–10]
to require accomplishment of all
maintenance actions as described in ALS Part
4 at Revision 01. The new ALS Part 4
Revision 03 (hereafter referred to as ‘the ALS’
in this AD) includes new and/or more
restrictive requirements. ALS Part 4 Revision
03, issue 02, has been released to include
editorial changes.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2013–0146, which is superseded, and
requires accomplishment of the actions
specified in the ALS.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0248.
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Related Service Information Under 1
CFR Part 51
Airbus has issued Airbus A318/A319/
A320/A321 ALS Part 4, ‘‘System
Equipment Maintenance Requirements
(SEMR)’’ Revision 03 at Issue 02, dated
January 22, 2016. The service
information describes preventative
maintenance requirements and includes
updated inspections and intervals to be
incorporated into the maintenance or
inspection program. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES.
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
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condition exists and is likely to exist or
develop on other products of the same
type design.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (k)(1) of this proposed AD.
The request should include a
description of changes to the required
inspections that will ensure the
continued operational safety of the
airplane.
Differences Between This Proposed AD
and the MCAI or Service Information
The EASA AD specifies that if there
are findings from the ALS inspection
tasks, then corrective action must be
accomplished in accordance with
Airbus maintenance documentation.
However, this proposed AD does not
include that requirement because
operators of U.S.-registered airplanes are
required by general airworthiness and
operational regulations to use FAAacceptable methods when performing
maintenance. We consider those
methods to be adequate to address any
corrective actions necessitated by the
findings of ALS inspections required by
this proposed AD.
Although the EASA AD recommends
accomplishing the tasks specified in the
ALS after the effective date of the EASA
AD, and revising the maintenance
program within 12 months after the
effective date of the EASA AD, this
proposed AD would only require
revising the maintenance or inspection
program within 30 days after the
effective date of this AD, which
correlates with the compliance time
required by AD 2014–26–10. In
developing an appropriate compliance
time for this proposed AD, we
considered the degree of urgency
associated with the subject unsafe
condition, the average utilization of the
affected fleet, and the time necessary to
perform the revision (1 work-hour). In
light of these factors, we find that a 30day compliance time represents an
appropriate interval of time for affected
airplanes to continue to operate without
compromising safety.
These differences have been
coordinated with the EASA and Airbus.
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Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an ALS
revision into an operator’s maintenance
or inspection program.
Typically, when these types of ADs
are issued by civil aviation authorities
of other countries, they apply to all
airplanes covered under an identified
type certificate (TC). The corresponding
FAA AD typically retains applicability
to all of those airplanes.
In addition, U.S. operators must
operate their airplanes in an airworthy
condition, in accordance with 14 CFR
91.7(a). Included in this obligation is the
requirement to perform any
maintenance or inspections specified in
the ALS, and in accordance with the
ALS as specified in 14 CFR 43.16 and
14 CFR 91.403(c), unless an alternative
has been approved by the FAA.
When a type certificate is issued for
a type design, the specific ALS,
including revisions, is a part of that type
design, as specified in 14 CFR 21.31(c).
The sum effect of these operational
and maintenance requirements is an
obligation to comply with the ALS
defined in the type design referenced in
the manufacturer’s conformity
statement. This obligation may
introduce a conflict with an AD that
requires a specific ALS revision if new
airplanes are delivered with a later
revision as part of their type design.
To address this conflict, the FAA has
approved alternative methods of
compliance (AMOCs) that allow
operators to incorporate the most recent
ALS revision into their maintenance/
inspection programs, in lieu of the ALS
revision required by the AD. This
eliminates the conflict and enables the
operator to comply with both the AD
and the type design.
However, compliance with AMOCs is
normally optional, and we recently
became aware that some operators
choose to retain the AD-mandated ALS
revision in their fleet-wide
maintenance/inspection programs,
including those for new airplanes
delivered with later ALS revisions, to
help standardize the maintenance of the
fleet. To ensure that operators comply
with the applicable ALS revision for
newly delivered airplanes containing a
later revision than that specified in an
AD, we plan to limit the applicability of
ADs that mandate ALS revisions to
those airplanes that are subject to an
earlier revision of the ALS, either as part
of the type design or as mandated by an
earlier AD.
This proposed AD therefore would
apply to the airplanes identified in
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paragraph (c) of this AD with an original
certificate of airworthiness or original
export certificate of airworthiness that
was issued on or before the date of
approval of the ALS revision identified
in this proposed AD. Operators of
airplanes with an original certificate of
airworthiness or original export
certificate of airworthiness issued after
that date must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet.
Costs of Compliance
We estimate that this proposed AD
affects 1,032 airplanes of U.S. registry.
The actions required by AD 2014–26–
10, and retained in this proposed AD
take about 1 work-hour per product, at
an average labor rate of $85 per workhour. Based on these figures, the
estimated cost of the actions that are
required by AD 2014–26–10 is $85 per
product.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $87,720, or $85 per product.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
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responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2014–26–10, Amendment 39–18061 (80
FR 2813, January 21, 2015), and adding
the following new AD:
■
Airbus: Docket No. FAA–2017–0248;
Directorate Identifier 2016–NM–088–AD.
(a) Comments Due Date
We must receive comments by May 30,
2017.
(b) Affected ADs
This AD replaces AD 2014–26–10,
Amendment 39–18061 (80 FR 2813, January
21, 2015) (‘‘AD 2014–26–10’’).
(c) Applicability
This AD applies to the Airbus airplanes
identified in paragraphs (c)(1), (c)(2), (c)(3),
and (c)(4) of this AD; certificated in any
category; with an original certificate of
airworthiness or original export certificate of
airworthiness issued on or before December
21, 2015.
(1) Model A318–111, –112, –121, and –122
airplanes.
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320—211, –212, –214, –231,
–232, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
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(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that more restrictive maintenance
instructions and airworthiness limitations are
necessary. We are issuing this AD to mitigate
the risks associated with aging effects of
airplane systems. Such aging effects could
change the characteristics of the systems
leading to an increased potential for failure,
which could result in failure of certain lifelimited parts, and reduced structural
integrity or reduced controllability of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Requirement: Maintenance or
Inspection Program Revision, With No
Changes
This paragraph restates the requirements of
paragraph (g) of AD 2014–26–10, with no
changes. Within 30 days after February 25,
2015 (the effective date of AD 2014–26–10):
Revise the maintenance or inspection
program, as applicable, to incorporate Airbus
A318/A319/A320/A321 Airworthiness
Limitations Section, ALS Part 4, ‘‘Aging
Systems Maintenance,’’ Revision 01, dated
June 15, 2012. The initial compliance time
for doing the actions is at the applicable time
specified in Airbus A318/A319/A320/A321
Airworthiness Limitations Section, ALS Part
4, ‘‘Aging Systems Maintenance,’’ Revision
01, dated June 15, 2012; or within 2 weeks
after revising the maintenance or inspection
program; whichever occurs later.
Accomplishing the actions specified in
paragraph (i) of this AD terminates the
requirements of this paragraph.
(h) Retained Requirement: No Alternative
Actions or Intervals, With New Paragraph
Reference
This paragraph restates the requirements of
paragraph (h) of AD 2014–26–10, with new
paragraph reference. Except as required by
paragraph (i) of this AD, after
accomplishment of the revision required by
paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions or intervals are
approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (k)(1) of
this AD.
(i) New Requirement: Maintenance or
Inspection Program Revision
Within 30 days after the effective date of
this AD: Revise the maintenance or
inspection program, as applicable, to
incorporate Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part
4, ‘‘System Equipment Maintenance
Requirements (SEMR)’’ Revision 03 at Issue
02, dated January 22, 2016. The initial
compliance time for doing the actions is at
the applicable time specified in Airbus A318/
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A319/A320/A321 Airworthiness Limitations
Section, ALS Part 4, ‘‘System Equipment
Maintenance Requirements (SEMR)’’
Revision 03 at Issue 02, dated January 22,
2016; or within 2 weeks after revising the
maintenance or inspection program;
whichever occurs later. Accomplishing the
actions specified in this paragraph terminates
the requirements of paragraph (g) of this AD.
(j) New Provision: No Alternative Actions or
Intervals
After the action required by paragraph (i)
of this AD has been done, no alternative
actions (e.g., inspections) or intervals may be
used unless the actions or intervals are
approved as an AMOC in accordance with
the procedures specified in paragraph (k)(1)
of this AD.
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(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.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(ii) AMOCs approved previously for AD
2014–26–10 are approved as AMOCs for the
corresponding provisions of paragraph (g) of
this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2016–0093, dated May 13, 2016, for related
information. This MCAI may be found in the
AD docket on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2017–0248.
(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@
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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 April 5,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–07441 Filed 4–12–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0249; Directorate
Identifier 2016–NM–138–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all The
Boeing Company Model 757–200,
–200PF, and –200CB series airplanes.
This proposed AD was prompted by
reports of slats disbonding on airplanes
on which the terminating actions of AD
2005–07–08 had been performed. We
have also received reports of slats
disbonding on airplanes outside of the
applicability of AD 90–23–06, AD 91–
22–51, and AD 2005–07–08. This
proposed AD would require
determining the type of trailing edge slat
wedges of the leading edge slats,
repetitive inspections for disbonding on
certain trailing edge slat wedges, and
corrective actions, if necessary. This
proposed AD would also provide an
optional terminating action for the
repetitive inspections. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by May 30, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
SUMMARY:
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17773
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
Internet https://
www.myboeingfleet.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. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0249.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0249; 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
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Lu
Lu, Aerospace Engineer, Airframe
Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601
Lind Avenue SW., Renton, WA 98057–
3356; phone: 425–917–6577; fax: 425–
917–6478; email: lu.lu@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2017–0249; Directorate Identifier 2016–
NM–138–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 because of those
comments.
We will post all comments we
receive, without change, to
E:\FR\FM\13APP1.SGM
13APP1
]]>Agencies
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17770-17773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07441]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0248; Directorate Identifier 2016-NM-088-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-26-
10, for all Airbus Model A318, A319, A320, and A321 series airplanes.
AD 2014-26-10 currently requires revising the maintenance or inspection
program to incorporate maintenance requirements and airworthiness
limitations. Since we issued AD 2014-26-10, we have determined that
more restrictive maintenance instructions and airworthiness limitations
are necessary. This proposed AD would require revising the maintenance
or inspection program, as applicable, to incorporate new or revised
airworthiness limitation requirements. This proposed AD also removes
airplanes from the applicability. We are proposing this AD to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by May 30, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93
44 51; email: account.airworth-eas@airbus.com; Internet: https://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0248; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1405;
fax: 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0248;
Directorate Identifier 2016-NM-088-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On December 19, 2014, we issued AD 2014-26-10, Amendment 39-18061
(80 FR 2813, January 21, 2015) (``AD 2014-26-10''), for all Airbus
Model A318, A319, A320, and A321 series airplanes. AD 2014-26-10 was
prompted by a determination that the maintenance actions for airplane
systems susceptible to aging must be mandated. AD 2014-26-10 requires
revising the maintenance or inspection program to incorporate
maintenance requirements and airworthiness limitations. We issued AD
2014-26-10 to mitigate the risks associated with aging effects of
airplane systems. Such aging effects could change the characteristics
of the systems leading to an increased potential for failure, which
could result in failure of certain life-limited parts, and reduced
structural integrity or reduced controllability of the airplane.
Since we issued AD 2014-26-10, we have determined that more
restrictive maintenance instructions and airworthiness limitations are
necessary.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0093, dated May 13, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the
[[Page 17771]]
MCAI''), to correct an unsafe condition for all Airbus Model A318,
A319, A320, and A321 series airplanes. The MCAI states:
The airworthiness limitations for Airbus A320 family aeroplanes
are currently defined and published in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) documents. The airworthiness
limitations applicable to the System Equipment Maintenance
Requirements, which are approved by [European Aviation Safety
Agency] EASA, are specified in ALS Part 4.
The instructions contained in the ALS Part 4 have been
identified as mandatory actions for continued airworthiness. Failure
to comply with these instructions could result in an unsafe
condition.
Previously, EASA issued AD 2013-0146 [which corresponds to FAA
AD 2014-26-10] to require accomplishment of all maintenance actions
as described in ALS Part 4 at Revision 01. The new ALS Part 4
Revision 03 (hereafter referred to as `the ALS' in this AD) includes
new and/or more restrictive requirements. ALS Part 4 Revision 03,
issue 02, has been released to include editorial changes.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0146, which is superseded, and requires
accomplishment of the actions specified in the ALS.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0248.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A318/A319/A320/A321 ALS Part 4, ``System
Equipment Maintenance Requirements (SEMR)'' Revision 03 at Issue 02,
dated January 22, 2016. The service information describes preventative
maintenance requirements and includes updated inspections and intervals
to be incorporated into the maintenance or inspection program. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
operational safety of the airplane.
Differences Between This Proposed AD and the MCAI or Service
Information
The EASA AD specifies that if there are findings from the ALS
inspection tasks, then corrective action must be accomplished in
accordance with Airbus maintenance documentation. However, this
proposed AD does not include that requirement because operators of
U.S.-registered airplanes are required by general airworthiness and
operational regulations to use FAA-acceptable methods when performing
maintenance. We consider those methods to be adequate to address any
corrective actions necessitated by the findings of ALS inspections
required by this proposed AD.
Although the EASA AD recommends accomplishing the tasks specified
in the ALS after the effective date of the EASA AD, and revising the
maintenance program within 12 months after the effective date of the
EASA AD, this proposed AD would only require revising the maintenance
or inspection program within 30 days after the effective date of this
AD, which correlates with the compliance time required by AD 2014-26-
10. In developing an appropriate compliance time for this proposed AD,
we considered the degree of urgency associated with the subject unsafe
condition, the average utilization of the affected fleet, and the time
necessary to perform the revision (1 work-hour). In light of these
factors, we find that a 30-day compliance time represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety.
These differences have been coordinated with the EASA and Airbus.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 14 CFR 91.403(c), unless an alternative
has been approved by the FAA.
When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD therefore would apply to the airplanes identified
in
[[Page 17772]]
paragraph (c) of this AD with an original certificate of airworthiness
or original export certificate of airworthiness that was issued on or
before the date of approval of the ALS revision identified in this
proposed AD. Operators of airplanes with an original certificate of
airworthiness or original export certificate of airworthiness issued
after that date must comply with the airworthiness limitations
specified as part of the approved type design and referenced on the
type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 1,032 airplanes of U.S.
registry.
The actions required by AD 2014-26-10, and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2014-26-10 is $85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $87,720, or $85
per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2014-26-10, Amendment 39-18061 (80 FR 2813, January 21, 2015), and
adding the following new AD:
Airbus: Docket No. FAA-2017-0248; Directorate Identifier 2016-NM-
088-AD.
(a) Comments Due Date
We must receive comments by May 30, 2017.
(b) Affected ADs
This AD replaces AD 2014-26-10, Amendment 39-18061 (80 FR 2813,
January 21, 2015) (``AD 2014-26-10'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD; certificated in any
category; with an original certificate of airworthiness or original
export certificate of airworthiness issued on or before December 21,
2015.
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
(3) Model A320--211, -212, -214, -231, -232, and -233 airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that more restrictive
maintenance instructions and airworthiness limitations are
necessary. We are issuing this AD to mitigate the risks associated
with aging effects of airplane systems. Such aging effects could
change the characteristics of the systems leading to an increased
potential for failure, which could result in failure of certain
life-limited parts, and reduced structural integrity or reduced
controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Requirement: Maintenance or Inspection Program Revision,
With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2014-26-10, with no changes. Within 30 days after February 25, 2015
(the effective date of AD 2014-26-10): Revise the maintenance or
inspection program, as applicable, to incorporate Airbus A318/A319/
A320/A321 Airworthiness Limitations Section, ALS Part 4, ``Aging
Systems Maintenance,'' Revision 01, dated June 15, 2012. The initial
compliance time for doing the actions is at the applicable time
specified in Airbus A318/A319/A320/A321 Airworthiness Limitations
Section, ALS Part 4, ``Aging Systems Maintenance,'' Revision 01,
dated June 15, 2012; or within 2 weeks after revising the
maintenance or inspection program; whichever occurs later.
Accomplishing the actions specified in paragraph (i) of this AD
terminates the requirements of this paragraph.
(h) Retained Requirement: No Alternative Actions or Intervals, With New
Paragraph Reference
This paragraph restates the requirements of paragraph (h) of AD
2014-26-10, with new paragraph reference. Except as required by
paragraph (i) of this AD, after accomplishment of the revision
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (k)(1) of
this AD.
(i) New Requirement: Maintenance or Inspection Program Revision
Within 30 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, to incorporate
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS)
Part 4, ``System Equipment Maintenance Requirements (SEMR)''
Revision 03 at Issue 02, dated January 22, 2016. The initial
compliance time for doing the actions is at the applicable time
specified in Airbus A318/
[[Page 17773]]
A319/A320/A321 Airworthiness Limitations Section, ALS Part 4,
``System Equipment Maintenance Requirements (SEMR)'' Revision 03 at
Issue 02, dated January 22, 2016; or within 2 weeks after revising
the maintenance or inspection program; whichever occurs later.
Accomplishing the actions specified in this paragraph terminates the
requirements of paragraph (g) of this AD.
(j) New Provision: No Alternative Actions or Intervals
After the action required by paragraph (i) of this AD has been
done, no alternative actions (e.g., inspections) or intervals may be
used unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone: 425-227-1405; fax: 425-227-1149. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(ii) AMOCs approved previously for AD 2014-26-10 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0093, dated May 13, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2017-0248.
(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 April 5, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-07441 Filed 4-12-17; 8:45 am]
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