Airworthiness Directives; Airbus SAS Airplanes, 26027-26030 [2019-11621]
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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.
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(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
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(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.
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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]
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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:
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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.
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* 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
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16:58 Jun 04, 2019
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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.
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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
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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.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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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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.
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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
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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.
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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]
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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:
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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.
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]]>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).
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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
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Up to 462 work-hours x $85 per hour = N/A.................... Up to $39,270.......... Up to $746,130.
$39,270.
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* 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
