Airworthiness Directives; Airbus SAS Airplanes, 20054-20057 [2019-09440]
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
certification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
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Novel or Unusual Design Features
The Boeing Model 777–9 airplane will
incorporate the following novel or
unusual design feature:
An electronic flight-control system
requiring control-surface-position
awareness.
Discussion
With a response-command type of
flight-control system and no direct
coupling from the cockpit controller to
control surface, such as on the Boeing
Model 777 and 787 airplanes, the pilot
is not aware of the actual surfacedeflection position during flight
maneuvers. This feature of this design is
novel and unusual when compared to
the state of technology envisioned in the
airworthiness standards for transportcategory airplanes. These special
conditions are intended to contain the
additional safety standard.
Some unusual flight conditions,
arising from atmospheric conditions, or
airplane or engine failures, or both, may
result in full or nearly full controlsurface deflection. Unless the flightcrew
is made aware of excessive deflection or
impending control-surface deflection
limiting, piloted or the automated flightcontrol system control of the airplane
could be inadvertently continued in a
way that would cause loss of control, or
other unsafe handling or performance
situations.
The special conditions require that
suitable annunciation be provided to the
flightcrew when a flight condition exists
in which nearly full control-surface
deflection occurs. Suitability of such an
annunciation must take into account
that some pilot-demanded maneuvers,
such as a rapid roll, are necessarily
associated with intended full or nearly
full control-surface deflection. Simple
alerting systems, which would function
in both intended and unexpected
control-limiting situations, must be
properly balanced between providing
needed crew awareness and avoiding
nuisance warnings.
The special conditions are derived
initially from standardized requirements
the Aviation Rulemaking Advisory
Committee (ARAC) developed, a
committee comprising representatives of
the FAA, Europe’s Joint Aviation
Authorities (now replaced by the
European Aviation Safety Agency), and
industry representatives. In the case of
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some of these requirements, a draft
notice of proposed rulemaking has been
prepared but no final rule has yet been
issued.
The proposed special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
full surface deflection. Therefore,
simple alerting systems, which would
function in both intended or unexpected
control-limiting situations, must be
properly balanced between needed
flightcrew awareness and nuisance
factors. A monitoring system, which
might compare airplane motion, surface
deflection, and pilot demand, could be
useful for eliminating nuisance alerting.
Applicability
As discussed above, these proposed
special conditions are applicable to the
Boeing Model 777–9 airplane. Should
Boeing apply at a later date for a change
to the type certificate to include another
model incorporating the same novel or
unusual design feature, these special
conditions would apply to that model as
well.
Issued in Des Moines, Washington, on May
1, 2019.
Victor Wicklund,
Manager, Transport Standards Branch, Policy
and Innovation Division, Aircraft
Certification Service.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model of airplane. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Boeing
Model 777–9 airplanes.
In addition to compliance with
§§ 25.143, 25.671, and 25.672, the
following proposed special conditions
apply.
1. The system design must ensure that
the flightcrew is made suitably aware
whenever the primary control means
nears the limit of control authority. This
indication should direct the pilot to take
appropriate action to avoid the unsafe
condition in accordance with
appropriate airplane flight manual
(AFM) instructions. Depending on the
application, suitable annunciations may
include flight-deck control position,
annunciator light, or surface position
indicators. Furthermore, this
requirement applies at limits of control
authority, not necessarily at limits of
any individual surface travel.
2. Suitability of such a display or
alerting must take into account that
some pilot-demanded maneuvers are
necessarily associated with intended
full performance, which may require
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[FR Doc. 2019–09267 Filed 5–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0254; Product
Identifier 2019–NM–011–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 certain
Airbus SAS Model A318 and A319
series airplanes, Model A320–211, –212,
–214, –216, –231, –232, and –233
airplanes, and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. This proposed AD was
prompted by a report that cracks were
detected on frame (FR) 16 and FR 20
web holes and passenger door
intercostal fitting holes at the door stop
fitting locations. This proposed AD
would require repetitive rototest
inspections of the holes at the door stop
fittings for any cracking, and corrective
actions if necessary, 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 June 24, 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.
SUMMARY:
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
• 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.
khammond on DSKBBV9HB2PROD with PROPOSALS
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–
0254; 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:
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–
2019–0254; Product Identifier 2019–
NM–011–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.
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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
2018–0289, dated December 21, 2018
(‘‘EASA AD 2018–0289’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus SAS Model A318 and
A319 series airplanes, Model A320–211,
–212, –214, –216, –231, –232, and –233
airplanes, and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. The MCAI states:
During accomplishment of airworthiness
limitations item (ALI) task 531103–01–1 on
an aeroplane, a crack was found in an
affected area. At the time of the inspection,
the affected aeroplane had accumulated
27[,]340 flight cycles (FC) since first flight,
which is significantly below the FC threshold
required for that ALI task.
This condition, if not detected and
corrected, could affect the structural integrity
of FR16 and FR20 of the aeroplane.
To address this potential unsafe condition,
Airbus developed a[n optional] modification
(cold working), which reinforces the affected
area and allows accomplishment of the next
inspection at extended threshold. Airbus also
revised the threshold for the inspection of the
affected area for pre-mod aeroplanes, and
published these thresholds in new ALI tasks
531103–01–2 and 531103–01–3. EASA
published AD 2017–0231 [which
corresponds to FAA AD 2018–25–02,
Amendment 39–19513 (83 FR 62690,
December 6, 2018) (‘‘AD 2018–25–02’’)],
requiring, among others, accomplishment of
those ALI tasks.
Since that [EASA] AD was issued, it was
decided to replace the applicable ALI tasks
with the inspection SB [service bulletin] and
modification SB. Consequently, both ALI
tasks 531103–01–2 and 531103–01–3 will be
deleted at the next opportunity of the
applicable Airbus airworthiness limitations
section document for the aircraft models
affected by this [EASA] AD.
For the reason stated above, this [EASA]
AD requires repetitive [rototest] inspections
of the affected areas and, depending on
findings, accomplishment of applicable
corrective action(s). This [EASA] AD also
includes reference to the applicable
[optional] modification SB which provides
an optional terminating action for the
repetitive inspections [which includes a
visual inspection of the intercostal fitting and
frame web for damage (including corrosion)
and corrective action if necessary] required
by this [EASA] AD, or allows deferral of the
next inspection, depending on the timing of
modification embodiment.
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20055
Related IBR Material Under 1 CFR Part
51
EASA AD 2018–0289 describes
procedures for repetitive rototest
inspections of the holes at the door stop
fittings for any cracking, and corrective
actions if necessary. 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 2018–0289 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 2018–0289
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with the provisions specified in EASA
AD 2018–0289, except for any
differences identified as exceptions in
the regulatory text of this proposed AD.
Service information specified in EASA
AD 2018–0289 that is required for
compliance with EASA AD 2018–0289
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0254 after the FAA final rule is
published.
Clarification of Compliance Time Date
Table 1 of EASA AD 2018–0289 refers
to a compliance time ‘‘after 31 May
2017,’’ which EASA stated is the
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
‘‘reference date for the compliance time
included in ALS Part 2 rev. 6.’’
However, this AD requires using a
compliance time after May 31, 2018
(which is the effective date of task
531103–01–1 in ‘‘ALS Part 2 rev. 6’’).
This clarification has been coordinated
with EASA.
Costs of Compliance
We estimate that this proposed AD
affects 1,229 airplanes of U.S. registry.
We estimate the following costs to
comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
33 work-hours × $85 per hour = $2,805 .....................................................................................
We estimate the following costs to do
any necessary on-condition actions that
would be required based on the results
Cost per
product
Parts cost
of any required actions. We have no way
of determining the number of aircraft
$0
$2,805
Cost on U.S.
operators
$3,447,345
that might need this on-condition
action:
ESTIMATED COSTS FOR ON-CONDITION ACTIONS
Labor cost
Parts cost
51 work-hours × $85 per hour = $4,335 .................................................................................................................
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We have received no definitive data
that would enable us to provide cost
estimates for the on-condition repairs
specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘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.
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Regulatory Findings
§ 39.13
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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Cost per
product
$350
$4,685
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Airbus SAS: Docket No. FAA–2019–0254;
Product Identifier 2019–NM–011–AD.
(a) Comments Due Date
We must receive comments by June 24,
2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS
airplanes specified in paragraphs (c)(1)
through (c)(4) of this AD, certificated in any
category, as identified in European Aviation
Safety Agency (EASA) AD 2018–0289, dated
December 21, 2018 (‘‘EASA AD 2018–0289’’).
(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, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that
cracks were detected on frame (FR) 16 and
FR 20 web holes and passenger door
intercostal fitting holes at the door stop
fitting locations. We are issuing this AD to
address such cracking, which could
adversely affect the structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
(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 2018–0289.
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(h) Exceptions to EASA AD 2018–0289
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2018–0289 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2018–0289 does not apply to this AD.
(3) Where Table 1 of EASA AD 2018–0289
refers to a compliance time ‘‘after 31 May
2017,’’ this AD requires using a compliance
time after May 31, 2018 (the effective date of
task 531103–01–1 in ‘‘ALS Part 2 rev. 6’’).
(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
2018–0289 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 2018–
0289, contact the EASA, Konrad–Adenauer–
Ufer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
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Jkt 247001
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 2018–0289 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0254.
(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.
Issued in Des Moines, Washington, on May
1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–09440 Filed 5–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0320; Product
Identifier 2019–NM–017–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 certain
Airbus SAS Model A330–200 Freighter,
–200 and –300 series airplanes; and
certain Airbus SAS Model A340–200,
–300, –500, and –600 series airplanes.
This proposed AD was prompted by a
determination that certain wing slat
tracks that were inadvertently indicated
as eligible for installation on all Model
A330 and A340 series airplanes are
unable to sustain the ultimate loads
relative to the weight variant of certain
airplane configurations. This proposed
AD would require inspecting any
affected part for cracking, and replacing
with a serviceable part, 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 June 24, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
SUMMARY:
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20057
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–
0320; 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:
Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St, Des Moines, WA 98198;
telephone and fax: 206–231–3229.
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–
2019–0320; Product Identifier 2019–
NM–017–AD’’ at the beginning of your
comments. We specifically invite
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]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20054-20057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09440]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0254; Product Identifier 2019-NM-011-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus SAS Model A318 and A319 series airplanes, Model A320-
211, -212, -214, -216, -231, -232, and -233 airplanes, and Model A321-
111, -112, -131, -211, -212, -213, -231, and -232 airplanes. This
proposed AD was prompted by a report that cracks were detected on frame
(FR) 16 and FR 20 web holes and passenger door intercostal fitting
holes at the door stop fitting locations. This proposed AD would
require repetitive rototest inspections of the holes at the door stop
fittings for any cracking, and corrective actions if necessary, 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 June 24, 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.
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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-
0254; 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: 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-2019-0254;
Product Identifier 2019-NM-011-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 2018-0289, dated December 21, 2018
(``EASA AD 2018-0289'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318 and A319 series airplanes,
Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes, and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
The MCAI states:
During accomplishment of airworthiness limitations item (ALI)
task 531103-01-1 on an aeroplane, a crack was found in an affected
area. At the time of the inspection, the affected aeroplane had
accumulated 27[,]340 flight cycles (FC) since first flight, which is
significantly below the FC threshold required for that ALI task.
This condition, if not detected and corrected, could affect the
structural integrity of FR16 and FR20 of the aeroplane.
To address this potential unsafe condition, Airbus developed a[n
optional] modification (cold working), which reinforces the affected
area and allows accomplishment of the next inspection at extended
threshold. Airbus also revised the threshold for the inspection of
the affected area for pre-mod aeroplanes, and published these
thresholds in new ALI tasks 531103-01-2 and 531103-01-3. EASA
published AD 2017-0231 [which corresponds to FAA AD 2018-25-02,
Amendment 39-19513 (83 FR 62690, December 6, 2018) (``AD 2018-25-
02'')], requiring, among others, accomplishment of those ALI tasks.
Since that [EASA] AD was issued, it was decided to replace the
applicable ALI tasks with the inspection SB [service bulletin] and
modification SB. Consequently, both ALI tasks 531103-01-2 and
531103-01-3 will be deleted at the next opportunity of the
applicable Airbus airworthiness limitations section document for the
aircraft models affected by this [EASA] AD.
For the reason stated above, this [EASA] AD requires repetitive
[rototest] inspections of the affected areas and, depending on
findings, accomplishment of applicable corrective action(s). This
[EASA] AD also includes reference to the applicable [optional]
modification SB which provides an optional terminating action for
the repetitive inspections [which includes a visual inspection of
the intercostal fitting and frame web for damage (including
corrosion) and corrective action if necessary] required by this
[EASA] AD, or allows deferral of the next inspection, depending on
the timing of modification embodiment.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0289 describes procedures for repetitive rototest
inspections of the holes at the door stop fittings for any cracking,
and corrective actions if necessary. 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 2018-0289 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 2018-0289 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0289, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information specified in EASA AD 2018-0289 that is required for
compliance with EASA AD 2018-0289 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0254 after the FAA final rule is published.
Clarification of Compliance Time Date
Table 1 of EASA AD 2018-0289 refers to a compliance time ``after 31
May 2017,'' which EASA stated is the
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``reference date for the compliance time included in ALS Part 2 rev.
6.'' However, this AD requires using a compliance time after May 31,
2018 (which is the effective date of task 531103-01-1 in ``ALS Part 2
rev. 6''). This clarification has been coordinated with EASA.
Costs of Compliance
We estimate that this proposed AD affects 1,229 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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33 work-hours x $85 per hour = $2,805........................... $0 $2,805 $3,447,345
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We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need this on-condition action:
Estimated Costs for On-Condition Actions
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Cost per
Labor cost Parts cost product
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51 work-hours x $85 per hour = $4,335... $350 $4,685
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We have received no definitive data that would enable us to provide
cost estimates for the on-condition repairs specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``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-2019-0254; Product Identifier 2019-NM-
011-AD.
(a) Comments Due Date
We must receive comments by June 24, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2018-0289, dated December 21, 2018 (``EASA AD 2018-0289'').
(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, and -233
airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report that cracks were detected on
frame (FR) 16 and FR 20 web holes and passenger door intercostal
fitting holes at the door stop fitting locations. We are issuing
this AD to address such cracking, which could adversely affect the
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
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(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 2018-0289.
(h) Exceptions to EASA AD 2018-0289
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0289 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2018-0289 does not apply
to this AD.
(3) Where Table 1 of EASA AD 2018-0289 refers to a compliance
time ``after 31 May 2017,'' this AD requires using a compliance time
after May 31, 2018 (the effective date of task 531103-01-1 in ``ALS
Part 2 rev. 6'').
(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 2018-0289 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 2018-0289, contact the 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 2018-0289 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0254.
(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.
Issued in Des Moines, Washington, on May 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09440 Filed 5-7-19; 8:45 am]
BILLING CODE 4910-13-P
