Airworthiness Directives; Airbus SAS, 55830-55833 [2018-24393]
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Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Proposed Rules
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
The Boeing Company: Docket No. FAA–
2018–0959; Product Identifier 2018–
NM–123–AD.
(a) Comments Due Date
We must receive comments by December
24, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–400 airplanes, certificated in any
category, line numbers 1487 through 3132
inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
cracking in the splice plate on the lower sill
of the overwing emergency exit doors. We are
issuing this AD to address cracking in the
splice plate, which, if not addressed, could
result in the inability of a principal structural
element to sustain limit loads and possible
rapid decompression of the fuselage.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1380 RB,
dated July 18, 2018, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 737–53A1380 RB,
dated July 18, 2018.
Note 1 to paragraph (g) of this AD:
Guidance for accomplishing the actions
required by this AD can be found in Boeing
Alert Service Bulletin 737–53A1380, dated
July 18, 2018, which is referred to in Boeing
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Alert Requirements Bulletin 737–53A1380
RB, dated July 18, 2018.
(h) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD:
Where Boeing Alert Requirements Bulletin
737–53A1380 RB, dated July 18, 2018, uses
the phrase ‘‘the original issue date of
Requirements Bulletin 737–53A1380 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1380 RB, dated July 18,
2018, specifies contacting Boeing for repair
instructions: This AD requires doing the
repair and applicable on-condition actions
before further flight using a method approved
in accordance with the procedures specified
in paragraph (i) of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
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 manager of the
certification office, send it to the attention of
the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov.
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO Branch, FAA, to make those findings.
To be approved, the repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
Issued in Des Moines, Washington, on
October 31, 2018.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–24389 Filed 11–7–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0554; Product
Identifier 2018–NM–064–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposal, which would have applied to
certain Airbus SAS Model A318 series
airplanes; Model A319 series airplanes;
Model A320 series airplanes; and Model
A321–111, –112, –131, –211, –212,
–213, –231, –232, –251N, –253N, and
–271N airplanes. This action revises the
notice of proposed rulemaking (NPRM)
by including revised restrictive
requirements and adding airplanes to
the applicability. We are proposing this
airworthiness directive (AD) to address
the unsafe condition on these products.
Since these 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 July 17, 2018 (83 FR 33159),
is reopened.
(j) Related Information
We must receive comments on this
(1) For more information about this AD,
SNPRM by December 24, 2018.
contact James Guo, Aerospace Engineer,
ADDRESSES: You may send comments,
Airframe Section, FAA, Los Angeles ACO
using the procedures found in 14 CFR
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627– 11.43 and 11.45, by any of the following
methods:
5357; fax: 562–627–5210; email: james.guo@
• Federal eRulemaking Portal: Go to
faa.gov.
(2) For service information identified in
https://www.regulations.gov. Follow the
this AD, contact Boeing Commercial
instructions for submitting comments.
Airplanes, Attention: Contractual & Data
• Fax: 202–493–2251.
Services (C&DS), 2600 Westminster Blvd.,
• Mail : U.S. Department of
MC 110–SK57, Seal Beach, CA 90740–5600;
Transportation, Docket Operations, M–
telephone 562–797–1717; internet https://
30, West Building Ground Floor, Room
www.myboeingfleet.com. You may view this
W12–140, 1200 New Jersey Avenue SE,
referenced service information at the FAA,
Washington, DC 20590.
Transport Standards Branch, 2200 South
• Hand Delivery: U.S. Department of
216th St., Des Moines, WA. For information
Transportation, Docket Operations, M–
on the availability of this material at the
FAA, call 206–231–3195.
30, West Building Ground Floor, Room
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SUMMARY:
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Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Proposed Rules
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 NPRM, contact Airbus SAS,
Airworthiness Office—EIAS, RondPoint Emile Dewoitine No: 2, 31700
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
Standards Branch, 2200 South 216th St.,
Des Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
series airplanes; Model A320 series
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, –232,
–251N, –253N, and –271N airplanes.
The NPRM published in the Federal
Register on July 17, 2018 (83 FR 33159).
The NPRM was prompted by a revision
of an airworthiness limitation item (ALI)
document, which requires more
restrictive maintenance requirements
and airworthiness limitations. The
NPRM proposed to require revising the
maintenance or inspection program, as
applicable, to incorporate new
maintenance requirements and
airworthiness limitations.
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–2018–
0554; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this SNPRM,
the regulatory evaluation, any
comments received, and other
information. The street address for
Docket Operations (phone: 800–647–
5527) is in the ADDRESSES section.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223.
SUPPLEMENTARY INFORMATION:
Since we issued the NPRM, we have
determined that new or more restrictive
requirements in revised service
information are necessary, and that the
identified unsafe condition also exists
or may develop on Airbus SAS Model
A321–251NX, –252N, –252NX, –253NX,
–271NX, –272N, and –272NX airplanes.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–0180,
dated August 27, 2018 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A318
series airplanes; Model A319 series
airplanes; Model A320 series airplanes;
and Model A321 series airplanes. The
MCAI states:
Actions Since the NPRM Was Issued
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–
2018–0554; Product Identifier 2018–
NM–064–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this SNPRM. We will
consider all comments received by the
closing date and may amend this
SNPRM 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 SNPRM.
The airworthiness limitations for the
Airbus A320 family aeroplanes, which are
approved by EASA, are currently defined and
published in the A318/A319/A320/A321
ALS [Airworthiness Limitations Section]
document(s). The airworthiness limitations
applicable to the Certification Maintenance
Requirements (CMR), which are approved by
EASA, are published in ALS Part 3.
Failure to accomplish these instructions
could result in an unsafe condition.
Previously, EASA issued AD 2017–0168 to
require accomplishment of all maintenance
tasks as described in ALS Part 3 at Revision
05.
Since that [EASA] AD was issued, Airbus
published the ALS, including new and/or
more restrictive requirements, and new A321
models were certified and added to the
Applicability of the ALS.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2017–0168, which is superseded,
expands the Applicability and requires
accomplishment of the actions specified in
the ALS.
Discussion
We issued an NPRM to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus SAS Model
A318 series airplanes; Model A319
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–2018–
0554.
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Related Service Information Under 1
CFR Part 51
Airbus SAS has issued Airbus A318/
A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 3,
Certification Maintenance Requirements
(CMR), Revision 06, dated June 13,
2018. The service information describes
maintenance instructions and
airworthiness limitations, including
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 section.
Request To Revise Language Regarding
Previously Approved Alternative
Methods of Compliance (AMOCs)
Delta Air Lines (DAL) contended that
the language used in paragraph (j)(ii) of
the proposed AD is inaccurate. DAL
pointed out that the phrase ‘‘that require
incorporation’’ in paragraph (j)(ii) of the
proposed AD should be revised to ‘‘that
allow incorporation,’’ on the basis that
AMOCs do not require alternative
actions, but instead allow them.
We agree with the commenter’s
request based on the reasons stated. We
have revised paragraph (j)(ii) of this AD
to use the word ‘‘allow’’ instead of
‘‘require.’’
Request To Use Later Revisions of
Airbus A318/A319/A320/A321
Airworthiness Limitations Section
(ALS) Part 3, Certification Maintenance
Requirements (CMR)
DAL proposed revising paragraph
(j)(ii) of the proposed AD to add a
provision that allows the use of
corresponding later approved EASA
revisions and variations of the Airbus
A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 3,
Certification Maintenance Requirements
(CMR).
We disagree with the commenters’
requests. We cannot use the phrase, ‘‘or
later approved revisions,’’ in an AD
when referring to the service
information because doing so violates
Office of the Federal Register (OFR)
regulations for approval of materials
‘‘incorporated by reference’’ in rules. In
general terms, we are required by these
OFR regulations to either publish the
service document contents as part of the
actual AD language; or submit the
service document to the OFR for
approval as ‘‘referenced’’ material, in
which case we may only refer to such
material in the text of an AD. The AD
may refer to the service document only
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Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Proposed Rules
if the OFR approved it for
‘‘incorporation by reference.’’ To allow
operators to use later revisions of the
referenced document (issued after
publication of the AD), either we must
revise the AD to reference specific later
revisions, or operators must request
approval to use later revisions as an
alternative method of compliance
(AMOC) with this AD under the
provisions of paragraph (j)(1) of this AD.
We have not changed this AD in this
regard.
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FAA’s Determination and Proposed
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 the same
type design.
This proposed AD would require
revising the maintenance or inspection
program to incorporate new or revised
airworthiness limitation requirements,
as specified in Airbus A318/A319/
A320/A321 Airworthiness Limitations
Section (ALS) Part 3, Certification
Maintenance Requirements (CMR),
Revision 06, dated June 13, 2018. The
applicability of this proposed AD would
also include Airbus SAS Model A321–
251NX, –252N, –252NX, –253NX,
–271NX, –272N, and –272NX airplanes.
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 proposed AD
affects 1,250 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
We have determined that revising the
maintenance or inspection program
takes an average of 90 work-hours per
operator, although we recognize that
this number may vary from operator to
operator. In the past, we have estimated
that this action takes 1 work-hour per
airplane. Since operators incorporate
maintenance or inspection program
changes for their affected fleet(s), we
have determined that a per-operator
estimate is more accurate than a perairplane estimate. Therefore, we
estimate the total cost per operator to be
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$7,650 (90 work-hours × $85 per workhour).
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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Airbus SAS: Docket No. FAA–2018–0554;
Product Identifier 2018–NM–064–AD.
(a) Comments Due Date
We must receive comments by December
24, 2018.
(b) Affected ADs
This AD affects AD 2017–25–04,
Amendment 39–19118 (82 FR 58098,
December 11, 2017) (‘‘AD 2017–25–04’’).
(c) Applicability
This AD applies to the Airbus SAS
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 June 13,
2018.
(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, –216,
–231, –232, –233, –251N, and –271N
airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, –232, –251N, –251NX,
–252N, –252NX, –253N, –253NX, –271N,
–271NX, –272N, and –272NX airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a revision of an
airworthiness limitation item (ALI)
document, which requires more restrictive
maintenance requirements and airworthiness
limitations. We are issuing this AD to address
a safety-significant latent failure (that is not
annunciated), which, in combination with
one or more other specific failures or events,
could result in a hazardous or catastrophic
failure condition.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Proposed Rules
(g) Revision of Maintenance or Inspection
Program
Within 90 days after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate the
information specified in Airbus A318/A319/
A320/A321 Airworthiness Limitations
Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision
06, dated June 13, 2018 (‘‘ALS Part 3, CMR,
R6’’). The initial compliance time for
accomplishing the tasks specified in ALS
Part 3, CMR, R6, is at the applicable time
specified in ALS Part 3, CMR, R6, or within
90 days after the effective date of this AD,
whichever occurs later.
(h) Terminating Actions for AD 2017–25–04
Accomplishing the actions required by
paragraph (g) of this AD terminates all of the
requirements of AD 2017–25–04.
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(i) No Alternative Actions or Intervals
After the maintenance or inspection
program, as applicable, has been revised as
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 (j)(1) of this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, 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 Section, send it
to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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
2017–25–04, or AD 2014–22–08, Amendment
39–18013 (79 FR 67042, November 12, 2014),
that allow incorporation of ALS Part 3, CMR,
R6, are considered approved as AMOCs for
the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized 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
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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.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0180, dated August 27, 2018, 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–2018–0554.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 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 Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
Issued in Des Moines, Washington, on
October 30, 2018.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–24393 Filed 11–7–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0957; Product
Identifier 2018–NM–102–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Airbus SAS Model A318–111, –112,
–121, and –122 airplanes; Model A319–
111, –112, –113, –114, –115, –131, –132,
and –133 airplanes; and Model A320–
211, –212, –214, –216, –231, –232, and
SUMMARY:
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55833
–233 airplanes. This proposed AD was
prompted by reports of cracks that were
found after improperly performed
magnetic particle inspections of the
main landing gear (MLG) sliding tubes
were done. This proposed AD would
require instructions for repetitive
general visual inspections of the
affected parts for cracks and
replacement if necessary. We are
proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by December 24,
2018.
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, RondPoint Emile Dewoitine No: 2, 31700
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 Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
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–2018–
0957; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 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 Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223.
E:\FR\FM\08NOP1.SGM
08NOP1
]]>Agencies
[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Proposed Rules]
[Pages 55830-55833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24393]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0554; Product Identifier 2018-NM-064-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposal, which would have applied
to certain Airbus SAS Model A318 series airplanes; Model A319 series
airplanes; Model A320 series airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, -232, -251N, -253N, and -271N airplanes. This
action revises the notice of proposed rulemaking (NPRM) by including
revised restrictive requirements and adding airplanes to the
applicability. We are proposing this airworthiness directive (AD) to
address the unsafe condition on these products. Since these 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 July 17, 2018 (83 FR 33159), is reopened.
We must receive comments on this SNPRM by December 24, 2018.
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
[[Page 55831]]
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 NPRM, contact Airbus
SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2,
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email [email protected]; internet https://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195.
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-2018-
0554; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this SNPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
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-2018-0554;
Product Identifier 2018-NM-064-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this SNPRM. We will consider all
comments received by the closing date and may amend this SNPRM 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 SNPRM.
Discussion
We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Airbus SAS Model A318 series airplanes; Model
A319 series airplanes; Model A320 series airplanes; and Model A321-111,
-112, -131, -211, -212, -213, -231, -232, -251N, -253N, and -271N
airplanes. The NPRM published in the Federal Register on July 17, 2018
(83 FR 33159). The NPRM was prompted by a revision of an airworthiness
limitation item (ALI) document, which requires more restrictive
maintenance requirements and airworthiness limitations. The NPRM
proposed to require revising the maintenance or inspection program, as
applicable, to incorporate new maintenance requirements and
airworthiness limitations.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have determined that new or more
restrictive requirements in revised service information are necessary,
and that the identified unsafe condition also exists or may develop on
Airbus SAS Model A321-251NX, -252N, -252NX, -253NX, -271NX, -272N, and
-272NX airplanes.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0180, dated August 27, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus SAS Model A318 series
airplanes; Model A319 series airplanes; Model A320 series airplanes;
and Model A321 series airplanes. The MCAI states:
The airworthiness limitations for the Airbus A320 family
aeroplanes, which are approved by EASA, are currently defined and
published in the A318/A319/A320/A321 ALS [Airworthiness Limitations
Section] document(s). The airworthiness limitations applicable to
the Certification Maintenance Requirements (CMR), which are approved
by EASA, are published in ALS Part 3.
Failure to accomplish these instructions could result in an
unsafe condition.
Previously, EASA issued AD 2017-0168 to require accomplishment
of all maintenance tasks as described in ALS Part 3 at Revision 05.
Since that [EASA] AD was issued, Airbus published the ALS,
including new and/or more restrictive requirements, and new A321
models were certified and added to the Applicability of the ALS.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2017-0168, which is superseded, expands the
Applicability 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-2018-
0554.
Related Service Information Under 1 CFR Part 51
Airbus SAS has issued Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 3, Certification Maintenance
Requirements (CMR), Revision 06, dated June 13, 2018. The service
information describes maintenance instructions and airworthiness
limitations, including 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 section.
Request To Revise Language Regarding Previously Approved Alternative
Methods of Compliance (AMOCs)
Delta Air Lines (DAL) contended that the language used in paragraph
(j)(ii) of the proposed AD is inaccurate. DAL pointed out that the
phrase ``that require incorporation'' in paragraph (j)(ii) of the
proposed AD should be revised to ``that allow incorporation,'' on the
basis that AMOCs do not require alternative actions, but instead allow
them.
We agree with the commenter's request based on the reasons stated.
We have revised paragraph (j)(ii) of this AD to use the word ``allow''
instead of ``require.''
Request To Use Later Revisions of Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR)
DAL proposed revising paragraph (j)(ii) of the proposed AD to add a
provision that allows the use of corresponding later approved EASA
revisions and variations of the Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR).
We disagree with the commenters' requests. We cannot use the
phrase, ``or later approved revisions,'' in an AD when referring to the
service information because doing so violates Office of the Federal
Register (OFR) regulations for approval of materials ``incorporated by
reference'' in rules. In general terms, we are required by these OFR
regulations to either publish the service document contents as part of
the actual AD language; or submit the service document to the OFR for
approval as ``referenced'' material, in which case we may only refer to
such material in the text of an AD. The AD may refer to the service
document only
[[Page 55832]]
if the OFR approved it for ``incorporation by reference.'' To allow
operators to use later revisions of the referenced document (issued
after publication of the AD), either we must revise the AD to reference
specific later revisions, or operators must request approval to use
later revisions as an alternative method of compliance (AMOC) with this
AD under the provisions of paragraph (j)(1) of this AD. We have not
changed this AD in this regard.
FAA's Determination and Proposed 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 the same
type design.
This proposed AD would require revising the maintenance or
inspection program to incorporate new or revised airworthiness
limitation requirements, as specified in Airbus A318/A319/A320/A321
Airworthiness Limitations Section (ALS) Part 3, Certification
Maintenance Requirements (CMR), Revision 06, dated June 13, 2018. The
applicability of this proposed AD would also include Airbus SAS Model
A321-251NX, -252N, -252NX, -253NX, -271NX, -272N, and -272NX airplanes.
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 proposed AD affects 1,250 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
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 SAS: Docket No. FAA-2018-0554; Product Identifier 2018-NM-
064-AD.
(a) Comments Due Date
We must receive comments by December 24, 2018.
(b) Affected ADs
This AD affects AD 2017-25-04, Amendment 39-19118 (82 FR 58098,
December 11, 2017) (``AD 2017-25-04'').
(c) Applicability
This AD applies to the Airbus SAS 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 June 13, 2018.
(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, -216, -231, -232, -233, -251N,
and -271N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N,
and -272NX airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a revision of an airworthiness
limitation item (ALI) document, which requires more restrictive
maintenance requirements and airworthiness limitations. We are
issuing this AD to address a safety-significant latent failure (that
is not annunciated), which, in combination with one or more other
specific failures or events, could result in a hazardous or
catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 55833]]
(g) Revision of Maintenance or Inspection Program
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Airbus A318/A319/A320/A321 Airworthiness
Limitations Section (ALS) Part 3, Certification Maintenance
Requirements (CMR), Revision 06, dated June 13, 2018 (``ALS Part 3,
CMR, R6''). The initial compliance time for accomplishing the tasks
specified in ALS Part 3, CMR, R6, is at the applicable time
specified in ALS Part 3, CMR, R6, or within 90 days after the
effective date of this AD, whichever occurs later.
(h) Terminating Actions for AD 2017-25-04
Accomplishing the actions required by paragraph (g) of this AD
terminates all of the requirements of AD 2017-25-04.
(i) No Alternative Actions or Intervals
After the maintenance or inspection program, as applicable, has
been revised as 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 (j)(1) of this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to: [email protected].
(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 2017-25-04, or AD 2014-22-
08, Amendment 39-18013 (79 FR 67042, November 12, 2014), that allow
incorporation of ALS Part 3, CMR, R6, are considered approved as
AMOCs for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS'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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0180, dated August 27, 2018, 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-2018-0554.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email [email protected]; internet
https://www.airbus.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195.
Issued in Des Moines, Washington, on October 30, 2018.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-24393 Filed 11-7-18; 8:45 am]
BILLING CODE 4910-13-P
