Airworthiness Directives; Airbus SAS Airplanes, 15162-15165 [2019-07385]

Download as PDF 15162 § 39.13 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Safran Aerosystems (formerly Zodiac Aerospace Services): Docket No. FAA– 2019–0207; Product Identifier 2019–NE– 02–AD. (a) Comments Due Date We must receive comments by May 30, 2019. (b) Affected ADs None. (c) Applicability (1) This AD applies to Safran Aerosystems life jackets with part number (P/N) 210225– 2, P/N 216200–0, or P/N 216203–0, and with a serial number listed in Table 1 of Zodiac Aerospace Services Service Bulletin (SB) 25– 65–33, Revision 01, dated January 8, 2019, that are not marked with ‘‘Mod.per SB 25– 65–34’’ in the identification area. (2) These appliances are installed on, but not limited to, ATR–GIE Avions de Transport Regional ATR 42 and ATR 72, Airbus A318/ A319/A320/A321, Airbus A330, Airbus A340, Airbus A350, and Airbus A380 airplanes. (d) Subject Joint Aircraft System Component (JASC) Code 2561, Life Jacket. (e) Unsafe Condition This AD was prompted by reports of defective welding on certain life jackets around the inflation system. We are issuing this AD to prevent failure of the life jacket. The unsafe condition, if not addressed, could result in injury to the wearer of the life jacket. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Within six months after the effective date of this AD, remove each affected life jacket from the airplane and, before further flight, replace the life jacket with a life jacket eligible for installation. amozie on DSK9F9SC42PROD with PROPOSALS (h) Installation Prohibition After the effective date of this AD, do not install on any airplane an affected life jacket unless it has been repaired and marked to indicate compliance with such repair in accordance with Zodiac Aerospace Services SB 25–65–34, Original Issue, dated January 8, 2019, or a method approved by the FAA. (i) Definition A life jacket eligible for installation is a new life jacket or a life jacket repaired in accordance with Zodiac Aerospace Services SB 25–65–34, Original Issue, dated January 8, 2019, or by a method approved by the FAA. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Boston ACO Branch, FAA, has the authority to approve AMOCs VerDate Sep<11>2014 17:01 Apr 12, 2019 Jkt 247001 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 ACO Branch, send it to the attention of the person identified in paragraph (k)(1) of this AD. (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. (k) Related Information (1) For more information about this AD, contact Erin King, Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone 781– 238–7655; fax: 781–238–7199; email: erin.king@faa.gov. (2) Refer to European Union Aviation Safety Agency (EASA) AD 2019–0010, dated January 23, 2019, for more information. You may examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA–2019–0207. (3) For service information identified in this AD, contact Zodiac Aerospace Services, 61 Rue Pierre Curie, CS20001, 78370 Plaisir Cedex, France; phone: + 33 1 61 34 23 23; fax: + 33 1 61 34 21 13; email: Technical.Retrofit@zodiacaerospace.com; internet: https://tpi.services.zodiac aerospace.com. You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA, 01803. For information on the availability of this material at the FAA, call 781–238–7759. Issued in Burlington, Massachusetts, on April 10, 2019. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2019–07426 Filed 4–12–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0192; Product Identifier 2019–NM–004–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 A300 B4–600, B4– 600R, and F4–600R series airplanes, and SUMMARY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes), and Model A310 series airplanes. This proposed AD was prompted by a determination that a certain aircraft maintenance manual (AMM) task provided instructions for a visual inspection of composite and metallic vertical tailplane (VTP) attachment fittings, but the inspection method did not specify detection of delamination length, which could possibly extend beyond the defined allowable limits. This proposed AD would require a review of maintenance records, and, depending on the result, one-time detailed and ultrasonic inspections of the affected parts and applicable corrective actions, as specified in an European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. 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, 2019. 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 the incorporation by reference (IBR) material described in the ‘‘Related IBR material under 1 CFR part 51’’ section in SUPPLEMENTARY INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email ADs@ easa.europa.eu; Internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material 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. It is also available in the AD docket on the internet at https:// www.regulations.gov. 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–2019– E:\FR\FM\15APP1.SGM 15APP1 15163 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules 0192; 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 (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3225. 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– 2019–0192; Product Identifier 2019– NM–004–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 NPRM. Discussion The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019–0006, dated January 17, 2019 (‘‘EASA AD 2019–0006’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all Airbus SAS Model A300–600 series airplanes and Model A310 series airplanes. The MCAI states: AMM Task 55–36–11 provides instructions for visual inspection of composite and metallic VTP attachment fittings, and contains detailed information on damage limits. As defined in this AMM task, a composite part delamination is acceptable without further repair. However, as the inspection method included in the AMM does not allow detection of delamination length, this may consequently pass over the allowable limits defined. This condition, if not detected and corrected, could lead to failure of the VTP attachment fittings, possibly resulting in loss of control of the aeroplane. Prompted by this potential unsafe condition, Airbus issued the applicable SB [service bulletin] to provide non-destructive test instructions, which allow detection of delaminated area(s) before exceeding the limits. For the reasons described above, this [EASA] AD requires a review of maintenance records and, depending on the result, a onetime detailed inspection (DET) of the affected parts, followed by an ultrasonic (US) inspection, and, depending on findings, accomplishment of applicable corrective action(s). Related IBR Material Under 1 CFR Part 51 EASA AD 2019–0006 describes procedures for a review of maintenance records, one-time detailed and ultrasonic inspections of the affected parts, and applicable corrective actions. This material 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, and it is publicly available through the EASA website. 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 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. Proposed Requirements of This NPRM This proposed AD would require accomplishing the actions specified in EASA AD 2019–0006 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. As a result, EASA AD 2019–0006 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with the provisions specified in EASA AD 2019–0006, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information specified in EASA AD 2019–0006 that is required for compliance with EASA AD 2019–0006 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019– 0192 after the FAA final rule is published. Costs of Compliance We estimate that this proposed AD affects 133 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost amozie on DSK9F9SC42PROD with PROPOSALS Up to 21 work-hours × $85 per hour = $1,785 ........................ We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. According to the manufacturer, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected VerDate Sep<11>2014 17:01 Apr 12, 2019 Jkt 247001 Cost per product Parts cost $0 Up to $1,785 ........................... individuals. We do not control warranty coverage for affected individuals. As a result, we have included all known costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, PO 00000 Frm 00018 Fmt 4702 Cost on U.S. operators Sfmt 4702 Up to $237,405. 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: E:\FR\FM\15APP1.SGM 15APP1 15164 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules ‘‘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. amozie on DSK9F9SC42PROD with PROPOSALS 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: ■ VerDate Sep<11>2014 17:01 Apr 12, 2019 Jkt 247001 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–2019–0192; Product Identifier 2019–NM–004–AD. (a) Comments Due Date We must receive comments by May 30, 2019. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2019–0006, dated January 17, 2019 (‘‘EASA AD 2019–0006’’). (1) Airbus SAS Model A300 B4–601, B4– 603, B4–620, and B4–622 airplanes, Model A300 B4–605R and B4–622R airplanes, Model A300 F4–605R and F4–622R airplanes, and Model A300 C4–605R Variant F airplanes. (2) Airbus SAS Model A310–203, –204, –221, –222, –304, –322, –324, and –325 airplanes. (d) Subject Air Transport Association (ATA) of America Code 55, Stabilizers. (e) Reason This AD was prompted by a determination that a certain aircraft maintenance manual task provided instructions for a visual inspection of composite and metallic vertical tailplane (VTP) attachment fittings, but the inspection method did not specify detection of delamination length, which could possibly extend beyond the defined allowable limits. We are issuing this AD to address this condition, which, if not detected and corrected, could lead to failure of the VTP attachment fittings, possibly resulting in loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2019–0006. (h) Exceptions to EASA AD 2019–0006 (1) For purposes of determining compliance with the requirements of this AD: Where EASA AD 2019–0006 refers to its effective date, this AD requires using the effective date of this AD. (2) For purposes of determining compliance with the requirements of this AD: Replace the language in paragraph (2) of EASA AD 2019–0006 that states ‘‘it is determined that the maintenance records are incomplete,’’ with ‘‘maintenance records cannot be used to positively determine that PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 the applicable maintenance actions have been accomplished.’’ (3) For purposes of determining compliance with the requirements of this AD: Replace the language in paragraph (2) of EASA AD 2019–0006 that states ‘‘concurrently,’’ with ‘‘before further flight.’’ (4) The ‘‘Remarks’’ section of EASA AD 2019–0006 does not apply to this AD. (i) 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 (j)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or 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): For any service information referenced in EASA AD 2019–0006 that contains RC procedures and tests: Except as required by paragraph (i)(2) of this AD, RC 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. (j) Related Information (1) For information about EASA AD 2019– 0006, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019–0006 may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0192. E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3225. Issued in Des Moines, Washington, on April 8, 2019. Michael J. Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–07385 Filed 4–12–19; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0186] RIN 1625–AA00 Safety Zone; Missouri River, Mile Markers 366.3 to 369.8, Kansas City, MO Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a temporary safety zone for the navigable waters of the Missouri River from mile marker (MM) 366.3 to MM 369.8. This action is necessary to provide for the safety of life on these navigable waters near Kansas City, MO, during an airshow from July 4 through July 7, 2019. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 15, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0186 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Commander Christian Barger, Waterways Management Division, Sector Upper Mississippi River, U.S. Coast Guard; telephone 314–269–2560, email Christian.J.Barger@uscg.mil. amozie on DSK9F9SC42PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:01 Apr 12, 2019 Jkt 247001 SUPPLEMENTARY INFORMATION: A. Regulatory Planning and Review I. Table of Abbreviations Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the duration, location, and size of the safety zone. This zone would be in effect up to six hours per day for four days total and would affect three and one-half miles of the Missouri River. Additionally, persons and vessels would be allowed to request entry into the zone from the COTP or a designated representative. CFR Code of Federal Regulations COTP Captain of the Port Sector Upper Mississippi River DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis BILLING CODE 4910–13–P 15165 On March 14, 2019, the KC Air Show Charities, Inc. notified the Coast Guard that it would be conducting an airshow over the Missouri River near Kansas City, MO on July 4, 2019 from noon to 6 p.m., and from 2 p.m. to 6 p.m. from July 5 through 7, 2019. This proposed rulemaking would establish a temporary safety zone and prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. This action is necessary to provide for the safety of life during the airshows. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). III. Discussion of Proposed Rule The COTP proposes to establish a temporary safety zone on the navigable waters of the Missouri River from Mile Marker (MM) 366.3 to MM 369.8 on July 4, 2019 and from July 5 through 7, 2019. The rule would be enforced from noon to 6 p.m. on July 4, 2019, and from 2 p.m. to 6 p.m. on July 5 to July 7, 2019. The duration of the zone is intended to ensure the safety of vessels on these navigable waters during the airshow. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The COTP or a designated representative would inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through Broadcast Notice to Mariners, Local Notices to Mariners, and/or actual notice. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental E:\FR\FM\15APP1.SGM 15APP1

Agencies

[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Proposed Rules]
[Pages 15162-15165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07385]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0192; Product Identifier 2019-NM-004-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes, 
and Model A300 C4-605R Variant F airplanes (collectively called Model 
A300-600 series airplanes), and Model A310 series airplanes. This 
proposed AD was prompted by a determination that a certain aircraft 
maintenance manual (AMM) task provided instructions for a visual 
inspection of composite and metallic vertical tailplane (VTP) 
attachment fittings, but the inspection method did not specify 
detection of delamination length, which could possibly extend beyond 
the defined allowable limits. This proposed AD would require a review 
of maintenance records, and, depending on the result, one-time detailed 
and ultrasonic inspections of the affected parts and applicable 
corrective actions, as specified in an European Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. 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, 2019.

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 the incorporation by reference (IBR) material described in the 
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email [email protected]; 
Internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at https://ad.easa.europa.eu. You may view this IBR material 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. It is also available in the AD docket on the 
internet at https://www.regulations.gov.

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-2019-

[[Page 15163]]

0192; 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 (telephone 800-
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

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-2019-0192; 
Product Identifier 2019-NM-004-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0006, dated January 17, 2019 
(``EASA AD 2019-0006'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Airbus SAS Model A300-600 series airplanes and Model 
A310 series airplanes. The MCAI states:

    AMM Task 55-36-11 provides instructions for visual inspection of 
composite and metallic VTP attachment fittings, and contains 
detailed information on damage limits. As defined in this AMM task, 
a composite part delamination is acceptable without further repair. 
However, as the inspection method included in the AMM does not allow 
detection of delamination length, this may consequently pass over 
the allowable limits defined.
    This condition, if not detected and corrected, could lead to 
failure of the VTP attachment fittings, possibly resulting in loss 
of control of the aeroplane.
    Prompted by this potential unsafe condition, Airbus issued the 
applicable SB [service bulletin] to provide non-destructive test 
instructions, which allow detection of delaminated area(s) before 
exceeding the limits.
    For the reasons described above, this [EASA] AD requires a 
review of maintenance records and, depending on the result, a one-
time detailed inspection (DET) of the affected parts, followed by an 
ultrasonic (US) inspection, and, depending on findings, 
accomplishment of applicable corrective action(s).

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0006 describes procedures for a review of maintenance 
records, one-time detailed and ultrasonic inspections of the affected 
parts, and applicable corrective actions. This material 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, and it is publicly available through the EASA 
website.

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 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.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0006 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2019-0006 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0006, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0006 that is required for 
compliance with EASA AD 2019-0006 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0192 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 133 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 21 work-hours x $85 per hour =                  $0  Up to $1,785..............  Up to $237,405.
 $1,785.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage for 
affected individuals. As a result, we have included all known costs in 
our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701:

[[Page 15164]]

``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-2019-0192; Product Identifier 2019-NM-
004-AD.

(a) Comments Due Date

    We must receive comments by May 30, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category, as identified 
in European Aviation Safety Agency (EASA) AD 2019-0006, dated 
January 17, 2019 (``EASA AD 2019-0006'').
    (1) Airbus SAS Model A300 B4-601, B4-603, B4-620, and B4-622 
airplanes, Model A300 B4-605R and B4-622R airplanes, Model A300 F4-
605R and F4-622R airplanes, and Model A300 C4-605R Variant F 
airplanes.
    (2) Airbus SAS Model A310-203, -204, -221, -222, -304, -322, -
324, and -325 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that a certain aircraft 
maintenance manual task provided instructions for a visual 
inspection of composite and metallic vertical tailplane (VTP) 
attachment fittings, but the inspection method did not specify 
detection of delamination length, which could possibly extend beyond 
the defined allowable limits. We are issuing this AD to address this 
condition, which, if not detected and corrected, could lead to 
failure of the VTP attachment fittings, possibly resulting in loss 
of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2019-0006.

(h) Exceptions to EASA AD 2019-0006

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0006 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) For purposes of determining compliance with the requirements 
of this AD: Replace the language in paragraph (2) of EASA AD 2019-
0006 that states ``it is determined that the maintenance records are 
incomplete,'' with ``maintenance records cannot be used to 
positively determine that the applicable maintenance actions have 
been accomplished.''
    (3) For purposes of determining compliance with the requirements 
of this AD: Replace the language in paragraph (2) of EASA AD 2019-
0006 that states ``concurrently,'' with ``before further flight.''
    (4) The ``Remarks'' section of EASA AD 2019-0006 does not apply 
to this AD.

(i) 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 (j)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or 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): For any service information 
referenced in EASA AD 2019-0006 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, RC 
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.

(j) Related Information

    (1) For information about EASA AD 2019-0006, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0006 may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0192.

[[Page 15165]]

    (2) For more information about this AD, contact Dan Rodina, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3225.

    Issued in Des Moines, Washington, on April 8, 2019.
Michael J. Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-07385 Filed 4-12-19; 8:45 am]
 BILLING CODE 4910-13-P


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