Airworthiness Directives; Airbus SAS Airplanes, 26027-26030 [2019-11621]

Download as PDF Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules 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): ■ Piaggio Aero Industries S.p.A.: Docket No. FAA–2019–0412; Product Identifier 2018–CE–030–AD. (a) Comments Due Date The FAA must receive comments by July 22, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Piaggio Aero Industries S.p.A. Model P–180 airplanes, certificated in any category. (d) Subject Air Transport Association of America (ATA) Code 32: Landing Gear. jbell on DSK3GLQ082PROD with PROPOSALS (f) Actions and Compliance Unless already done, do the following actions in paragraphs (f)(1) through (3) of this AD. (1) For airplanes with NLG steering manifold part number (P/N) 72608 installed: (i) Within 50 hours time-in service after the effective date of this AD, do a steering manifold pressure leakage test and, if there is steering actuator movement during the test, replace the NLG steering manifold and repeat the test by following the Accomplishment Instructions, procedure steps (1) through (24), in Piaggio Aerospace Service Bulletin No. 80–0325, Revision 0, dated August 10, 2017. (ii) If steering actuator movement occurs during procedure step (9) or procedure step (15) of the leakage test required in paragraph (f)(1)(i) of this AD, replacing the NLG steering manifold and repeating the steering manifold 16:58 Jun 04, 2019 Jkt 247001 (g) Alternative Methods of Compliance The Manager, Small Airplane Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (h) Related Information (e) Reason This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as insufficient sealing of a steering select/bypass valve installed in the nose landing gear (NLG) manifold. The FAA is issuing this AD to detect and correct insufficient sealing of the steering select/bypass valve in the NLG steering manifold, which could lead to uncommanded NLG wheel turns with consequent lateral runway departure. VerDate Sep<11>2014 pressure leakage test is required before further flight. (2) For all airplanes, after the effective date of this AD, do not install NLG steering manifold P/N 72608 on any airplane unless it has been inspected as specified in paragraph (f)(1) of this AD and no steering actuator movement occurred. (3) For all airplanes, within 30 days after the effective date of this AD, revise the airplane flight manual (AFM) by replacing certain pages in the Emergency Procedures section of the AFM by following the Instructions in Piaggio Aerospace P.180 AVANTI II/EVO Temporary Change No. 89, dated August 30, 2017. Refer to MCAI EASA AD 2017–0229, dated November 21, 2017; Piaggio Aerospace Service Bulletin No. 80–0425, Revision 0, dated March 30, 2017; and Piaggio Aerospace Service Bulletin No. 80–0454, Revision 0, March 6, 2017, for related information. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0412. For service information related to this AD, contact Piaggio Aero Industries S.p.A, Airworthiness Office, Via Pionieri e Aviatori d’Italia snc, 16154 Genova, Italy; phone: +39 010 0998046; email: airworthiness@ piaggioaerospace.it. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Issued in Kansas City, Missouri, on May 23, 2019. Melvin J. Johnson, Aircraft Certification Service, Deputy Director, Policy and Innovation Division, AIR–601. [FR Doc. 2019–11614 Filed 6–4–19; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 26027 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0403; Product Identifier 2019–NM–012–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 A320–214 and –271N airplanes and Model A321–211 and –231 airplanes. This proposed AD was prompted by a test of a new wall partition for a certain cabin attendant seat model that revealed the backrest was permanently deformed and did not allow the seat pan to return to a full-up position; investigation results identified that a heat treatment had not been applied on certain backframes. This proposed AD would require modifying the affected cabin attendant seats, 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 July 22, 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 material identified in this NPRM that will be incorporated by reference, contact the EASA, KonradAdenauer-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 SUMMARY: E:\FR\FM\05JNP1.SGM 05JNP1 26028 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules 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– 0403; 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 listed above. 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– 2019–0403; Product Identifier 2019– NM–012–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 2019–0005, dated January 14, 2019 (‘‘EASA AD 2019–0005’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Airbus SAS Model A320–214 and –271N airplanes and Model A321– 211 and –231 airplanes. The MCAI states: During a test of a new wall partition for cabin attendant seat model 2428, the backrest was found permanently deformed and did not allow the seat pan to return to a full-up position. Investigation results identified that a heat treatment had not been applied on certain backframes, which could lead to permanent deformation of the seat backrest. This condition, if not corrected, could reduce the escape path through the adjacent exit door in case of evacuation, possibly resulting in injury to aeroplane occupants. To address this potential unsafe condition, Airbus issued the applicable SB [service bulletin], which refers to Goodrich SB, providing instructions to modify affected parts by replacing the backframe, and to add a placard after modification. For the reasons described above, this [EASA] AD requires modification of the affected parts. Related IBR Material Under 1 CFR Part 51 EASA AD 2019–0005 describes procedures for modifying affected cabin attendant seats (which includes an inspection to determine the part number and serial number of the cabin attendant seat) by replacing the backrest and adding a placard. 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. 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 2019–0005, as incorporated by reference, described previously, except for any differences identified as exceptions in the regulatory text of this AD. This proposed AD also would require sending the inspection results to Airbus SAS. 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 2019–0005 will be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with the provisions specified in EASA AD 2019–0005, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information specified in EASA AD 2019–0005 that is required for compliance with EASA AD 2019–0005 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019– 0403 after the FAA final rule is published. Costs of Compliance We estimate that this proposed AD affects 19 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 Up to 462 work-hours × $85 per hour = $39,270 ........... N/A ..................................... Up to $39,270 .................... Cost on U.S. operators Up to $746,130. jbell on DSK3GLQ082PROD with PROPOSALS * Table does not include estimated costs for reporting. We estimate that it would take about 1 work-hour per product to comply with the proposed reporting requirement in this proposed AD. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of reporting VerDate Sep<11>2014 16:58 Jun 04, 2019 Jkt 247001 the modification results on U.S. operators to be $85 per product. We have received no definitive data that would enable us to provide cost estimates for the actions specified in this proposed AD. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 E:\FR\FM\05JNP1.SGM 05JNP1 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules Regulatory Findings result, we have included all known costs in our cost estimate. Paperwork Reduction Act A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this NPRM is 2120–0056. The paperwork cost associated with this NPRM has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this NPRM is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES–200. jbell on DSK3GLQ082PROD with PROPOSALS 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. VerDate Sep<11>2014 16:58 Jun 04, 2019 Jkt 247001 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Airbus SAS: Docket No. FAA–2019–0403; Product Identifier 2019–NM–012–AD. (a) Comments Due Date We must receive comments by July 22, 2019. (b) Affected ADs None. (c) Applicability This AD applies to Airbus SAS Model A320–214 and –271N airplanes and Model A321–211 and –231 airplanes, certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2019– 0005, dated January 14, 2019 (‘‘EASA AD 2019–0005’’). (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/furnishings. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 26029 (e) Reason This AD was prompted by a test of a new wall partition for a certain cabin attendant seat model that revealed the backrest was permanently deformed and did not allow the seat pan to return to a full-up position; investigation results identified that a heat treatment had not been applied on certain backframes. We are issuing this AD to address this condition, which, if not corrected, could reduce the escape path through the adjacent exit door in case of evacuation, possibly resulting in injury to passengers or flightcrew. (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 2019–0005. (h) Exceptions to EASA AD 2019–0005 (1) For purposes of determining compliance with the requirements of this AD: Where EASA AD 2019–0005 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2019–0005 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 2019–0005 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 E:\FR\FM\05JNP1.SGM 05JNP1 26030 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Proposed Rules 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. (4) Paperwork Reduction Act Burden Statement: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 1 hour per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (j) Related Information (1) For information about EASA AD 2019– 0005, contact the EASA, Konrad-AdenauerUfer 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 2019–0005 may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0403. (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. jbell on DSK3GLQ082PROD with PROPOSALS Issued in Des Moines, Washington, on May 28, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–11621 Filed 6–4–19; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:58 Jun 04, 2019 Jkt 247001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0800; FRL–9994–50– Region 4] Air Plan Approval; KY; Jefferson County Existing and New VOC Storage Vessels Rule Changes Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Jefferson County portion of the Kentucky State Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, through the Energy and Environment Cabinet (Cabinet), through a letter dated March 15, 2018. The revisions were submitted by the Cabinet on behalf of the Louisville Metro Air Pollution Control District (District, also referred to herein as Jefferson County) and make minor ministerial amendments to applicability dates and standards for both existing and new storage vessels for volatile organic compounds (VOC). EPA is proposing to approve the changes because they are consistent with the Clean Air Act (CAA or Act). DATES: Comments must be received on or before July 5, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2018–0800 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Evan Adams of the Air Regulatory SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562– 9009. Mr. Adams can also be reached via electronic mail at adams.evan@ epa.gov. SUPPLEMENTARY INFORMATION: I. What action is EPA proposing? Through a letter dated March 15, 2018, KDAQ submitted SIP revisions to EPA for approval that include changes to Jefferson County Regulations 6.13 and 7.12.1 EPA is proposing to approve the changes to Jefferson County Regulation 6.13, Standards of Performance for Existing Storage Vessels for Volatile Organic Compounds, and Regulation 7.12, Standards of Performance for New Storage Vessels for Volatile Organic Compounds. The SIP revisions update the current SIP-approved versions of Regulation 6.13 (Version 6) and Regulation 7.12 (Version 6) to Version 7 of each. The changes that are being proposed for approval in this rulemaking, and EPA’s rationale for proposing approval, are described in more detail below. II. EPA’s Analysis of the State Submittal The changes to Jefferson County Air Quality Regulations 6.13 and 7.12 are administrative in nature and will better align the two regulations, reconciling their respective applicability based on the date of a facility’s construction, modification, or reconstruction. In the current SIP-approved versions, the regulations’ applicability overlaps by approximately four years, with Regulation 6.13 covering facilities built or permitted before September 1, 1976, and Regulation 7.12 covering facilities built or modified on or after April 19, 1972. Jefferson County has changed the date for Regulation 6.13, Standards of Performance for Existing Storage Vessels for Volatile Organic Compounds, so that it applies to VOC storage vessels that commenced construction, modification, or reconstruction on or before April 19, 1972. The applicability date remains the same in Regulation 7.12, Standards of Performance for New Storage Vessels for Volatile Organic Compounds, but now applies to VOC storage vessels that commenced not only construction or 1 EPA notes that the Agency received these SIP revisions on March 23, 2018, along with other revisions to the Jefferson County portion of the Kentucky SIP. EPA will be considering action for these other SIP revisions in a separate rulemaking. E:\FR\FM\05JNP1.SGM 05JNP1

Agencies

[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26027-26030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0403; Product Identifier 2019-NM-012-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 
certain Airbus SAS Model A320-214 and -271N airplanes and Model A321-
211 and -231 airplanes. This proposed AD was prompted by a test of a 
new wall partition for a certain cabin attendant seat model that 
revealed the backrest was permanently deformed and did not allow the 
seat pan to return to a full-up position; investigation results 
identified that a heat treatment had not been applied on certain 
backframes. This proposed AD would require modifying the affected cabin 
attendant seats, 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 July 22, 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 material identified in this NPRM that will be incorporated 
by reference, contact the 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

[[Page 26028]]

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-
0403; 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 listed above. 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-2019-0403; 
Product Identifier 2019-NM-012-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 2019-0005, dated January 14, 2019 
(``EASA AD 2019-0005'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A320-214 and -271N airplanes and 
Model A321-211 and -231 airplanes. The MCAI states:

    During a test of a new wall partition for cabin attendant seat 
model 2428, the backrest was found permanently deformed and did not 
allow the seat pan to return to a full-up position. Investigation 
results identified that a heat treatment had not been applied on 
certain backframes, which could lead to permanent deformation of the 
seat backrest.
    This condition, if not corrected, could reduce the escape path 
through the adjacent exit door in case of evacuation, possibly 
resulting in injury to aeroplane occupants.
    To address this potential unsafe condition, Airbus issued the 
applicable SB [service bulletin], which refers to Goodrich SB, 
providing instructions to modify affected parts by replacing the 
backframe, and to add a placard after modification.
    For the reasons described above, this [EASA] AD requires 
modification of the affected parts.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0005 describes procedures for modifying affected cabin 
attendant seats (which includes an inspection to determine the part 
number and serial number of the cabin attendant seat) by replacing the 
backrest and adding a placard. 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.

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 2019-0005, as incorporated by reference, described 
previously, except for any differences identified as exceptions in the 
regulatory text of this AD. This proposed AD also would require sending 
the inspection results to Airbus SAS.

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 2019-0005 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0005, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2019-0005 that is required for 
compliance with EASA AD 2019-0005 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0403 after the FAA final rule is published.

Costs of Compliance

    We estimate that this proposed AD affects 19 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 462 work-hours x $85 per hour =  N/A....................  Up to $39,270..........  Up to $746,130.
 $39,270.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    We estimate that it would take about 1 work-hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, we estimate 
the cost of reporting the modification results on U.S. operators to be 
$85 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the 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

[[Page 26029]]

result, we have included all known costs in our cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this NPRM is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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-2019-0403; Product Identifier 2019-NM-
012-AD.

(a) Comments Due Date

    We must receive comments by July 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A320-214 and -271N airplanes 
and Model A321-211 and -231 airplanes, certificated in any category, 
as identified in European Aviation Safety Agency (EASA) AD 2019-
0005, dated January 14, 2019 (``EASA AD 2019-0005'').

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a test of a new wall partition for a 
certain cabin attendant seat model that revealed the backrest was 
permanently deformed and did not allow the seat pan to return to a 
full-up position; investigation results identified that a heat 
treatment had not been applied on certain backframes. We are issuing 
this AD to address this condition, which, if not corrected, could 
reduce the escape path through the adjacent exit door in case of 
evacuation, possibly resulting in injury to passengers or 
flightcrew.

(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 2019-0005.

(h) Exceptions to EASA AD 2019-0005

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0005 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0005 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 2019-0005 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

[[Page 26030]]

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.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    (1) For information about EASA AD 2019-0005, 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 2019-0005 may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0403.
    (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 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-11621 Filed 6-4-19; 8:45 am]
 BILLING CODE 4910-13-P