Airworthiness Directives; Airbus SAS Airplanes, 26598-26601 [2019-11832]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Proposed Rules
item between the LD–MCR
compartment and the airplane structure
or systems must meet the applicable
requirements of § 25.855 at amendment
25–60.
b. Means must be provided to ensure
that the fire protection level of the cargo
compartment meets the applicable
requirements of §§ 25.855 at amendment
25–60; 25.857 at amendment 25–60; and
25.858 at amendment 25–54 when the
LD–MCR compartment is not installed.
c. Use of each emergency evacuation
route must not require occupants of the
LD–MCR compartment to enter the
cargo compartment in order to return to
the passenger compartment.
d. The aural emergency alarm
specified in Special Condition No. 7
must sound in the LD–MCR
compartment in the event of a fire in the
cargo compartment.
19. Means must be provided to
prevent access into the Class C cargo
compartment, whether or not the LD–
MCR is installed, during all airplane
flight operations and to ensure that the
maintenance door is closed and secured
during all airplane flight operations.
20. All enclosed stowage
compartments within the LD–MCR
compartment that are not limited to
stowage of emergency equipment or
airplane supplied equipment (i.e.,
bedding), must meet the design criteria
given in the table below. As indicated
in the table, enclosed stowage
compartments larger than 200 ft3 in
interior volume are not addressed by
this Special Condition. The in-flight
accessibility of very large enclosed
stowage compartments and the
subsequent impact on the
crewmembers’ ability to effectively
reach any part of the compartment with
the contents of a hand fire extinguisher
will require additional fire protection
considerations similar to those required
for inaccessible compartments such as
Class C cargo compartments.
Stowage compartment interior volumes
Fire protection features
Materials of Construction 1 ..................................................................................................
Detectors 2 ...........................................................................................................................
Liner 3 ..................................................................................................................................
Location Detector 4 ..............................................................................................................
Less than 25 ft3
25 ft3 to 57 ft3
Yes ...................
No .....................
No .....................
No .....................
Yes ...................
Yes ...................
No .....................
Yes ...................
57 ft3 to 200 ft3
Yes.
Yes.
Yes.
Yes.
1 Material: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability
standards established for interior components per the requirements of § 25.853. For compartments less than 25 ft3 in interior volume, the design
must ensure the ability to contain a fire likely to occur within the compartment under normal use.
2 Detectors: Enclosed stowage compartments equal to or exceeding 25 ft3 in interior volume must be provided with a smoke or fire detection
system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide:
(a) A visual indication in the flight-deck within one minute after the start of a fire;
(b) An aural warning in the crew rest compartment; and
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the positioning of flight attendants throughout the main passenger compartment during various phases of flight.
3 Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a
Class B cargo compartment, no liner would be required for enclosed stowage compartments equal to or greater than 25 ft3 but less than 57 ft3 in
interior volume. For all enclosed stowage compartments equal to or greater than 57 ft3 but less than or equal to 200 ft3 in interior volume, a liner
must be provided that meets the requirements of § 25.855 at amendment 25–60 for a Class B cargo compartment.
4 Location Detector: LD–MCR compartments that contain enclosed stowage compartments with an interior volume that exceeds 25 ft3 and are
located away from one central location, such as the entry to the LD–MCR compartment or a common area within the LD–MCR compartment,
would require additional fire protection features or devices to assist the firefighter in determining the location of a fire.
Issued in Des Moines, Washington, on May
31, 2019.
Paul Siegmund,
Acting Manager, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2019–11957 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0400; Product
Identifier 2019–NM–022–AD]
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RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A321–111, A321–
112, A321–131, A321–211, A321–212,
A321–213, A321–231 and A321–232
airplanes. This proposed AD was
prompted by a quality control review,
which determined that the wrong
aluminum alloy was used to
manufacture several structural parts.
This proposed AD would require a onetime eddy current conductivity
measurement of certain structural parts
of the outer flaps to determine if the
incorrect alloy was used, and
replacement if necessary, as specified in
an European Aviation Safety Agency
(EASA) AD, which will be incorporated
by reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA 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:
SUMMARY:
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• 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
proposed AD that will be incorporated
by reference (IBR), contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
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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–
0400; 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 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
The FAA invites 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–2019–0400; Product
Identifier 2019–NM–022–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The agency will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0012, dated January 24, 2019
(‘‘EASA AD 2019–0012’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus SAS Model A321–111,
A321–112, A321–131, A321–211, A321–
212, A321–213, A321–231 and A321–
232 airplanes. The MCAI states:
Following a quality control review on the
Airbus final assembly line, it was discovered
that wrong aluminum alloy was delivered by
a supplier for several structural parts. The
results of the investigations highlighted that
part of the stock could be impacted by this
wrong material. Prompted by this finding,
EASA published AD 2015–0218 [which
corresponds to FAA AD 2017–05–02 (82 FR
12407, March 3, 2017)], requiring an [special
detailed inspection] SDI of certain cabin,
cargo compartment and airframe parts.
Subsequent investigation results established
that outer flaps structure are also affected.
Structural investigations demonstrated the
capability to sustain the static limits loads,
and sufficient fatigue life up to a certain
inspection threshold.
This condition, if not detected and
corrected, could affect the structural integrity
of the outer flap, possibly resulting in
reduced control of the aeroplane.
To address this potential unsafe condition,
Airbus issued the inspection [service
bulletin] SB to provide inspection
instructions.
For the reasons described above, this
[EASA] AD requires a one-time SDI of
suspected parts for material identification
and, depending on findings, replacement
with serviceable parts.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0012 describes
procedures for a one-time eddy current
conductivity measurement of certain
structural parts on the outer flaps to
determine if an incorrect aluminum
alloy was used, and replacement of any
affected part with a serviceable part.
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 the
26599
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the agency 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 2019–0012, as incorporated
by reference, 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, the FAA expects that
EASA AD 2019–0012 will be
incorporated by reference in the FAA’s
final rule. This proposed AD would,
therefore, require compliance with the
provisions specified in EASA AD 2019–
0012, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information specified in EASA
AD 2019–0012 that is required for
compliance with EASA AD 2019–0012
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0400 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD would affect 29 airplanes of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
6 work-hours × $85 per hour = $510 ..........................................................................................
$0
$510
$14,790
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about one work-hour per product to
VerDate Sep<11>2014
16:40 Jun 06, 2019
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comply with the proposed reporting
requirement in this proposed AD. The
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average labor rate is $85 per hour. Based
on these figures, the FAA estimates the
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cost of reporting the inspection results
on U.S. operators to be $2,465, or $85
per product.
The FAA has received no definitive
data that would enable the agency to
provide cost estimates for the oncondition 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. The FAA does not control
warranty coverage for affected
individuals. As a result, the agency has
included all known costs in the 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
proposed 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 would be 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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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.
The FAA is 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
16:40 Jun 06, 2019
Jkt 247001
Regulatory Findings
The FAA has 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. Will not affect intrastate aviation in
Alaska; and
3. 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
Authority for This Rulemaking
VerDate Sep<11>2014
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.
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–2019–0400;
Product Identifier 2019–NM–022–AD.
(a) Comments Due Date
The FAA must receive comments by July
22, 2019.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model
A321–111, A321–112, A321–131, A321–211,
A321–212, A321–213, A321–231 and A321–
232 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by a quality control
review, which determined that the wrong
aluminum alloy was used to manufacture
several structural parts. The FAA is issuing
this AD to address structural parts made of
incorrect aluminum alloy, which could result
in reduced structural integrity of the outer
flaps and reduced controllability of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Aviation Safety
Agency (EASA) AD 2019–0012, dated
January 24, 2019 (‘‘EASA AD 2019–0012’’).
(h) Exceptions to EASA AD 2019–0012
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0012 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0012 does not apply to this AD.
(3) Where paragraph (5) of EASA AD 2019–
0012 mandates a parts installation limitation,
this AD requires the following parts
installation limitation: From the effective
date of this AD, only serviceable parts as
defined in EASA AD 2019–0012 are allowed
to be installed on any airplane.
(4) Where any service information
referenced in EASA AD 2019–0012 specifies
reporting, this AD requires reporting all
inspection results at the applicable time
specified in paragraph (h)(4)(i) or (h)(4)(ii) of
this AD. If operators have reported findings
as part of obtaining any corrective actions
approved by Airbus SAS’s EASA Design
Organization Approval (DOA), operators are
not required to report those findings as
specified in this paragraph.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of 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,
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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 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
2019–0012 that contains RC procedures and
tests: Except as required by paragraphs (h)(4)
and (i)(2) of this AD, RC procedures and tests
must be done to comply with this AD; any
procedures or tests that are not identified as
RC are recommended. Those procedures and
tests that are not identified as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(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 one 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–
0012, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 89990 6017; email ADs@easa.europa.eu;
Internet www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
EASA AD at the FAA, Transport Standards
VerDate Sep<11>2014
16:40 Jun 06, 2019
Jkt 247001
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 2019–0012 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0400.
(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
29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–11832 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0453; Product
Identifier 2018–NM–028–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposal for certain Bombardier, Inc.,
Model DHC–8–400 series airplanes.
This action revises the notice of
proposed rulemaking (NPRM) by adding
a requirement to replace the lower lock
link of the nose landing gear (NLG),
which would terminate the repetitive
inspections proposed in the NPRM. This
action also reduces the applicability in
the NPRM. We are proposing this
airworthiness directive (AD) to address
the unsafe condition on these products.
Since these actions would impose an
additional burden over those in the
NPRM, we are reopening the comment
period to allow the public the chance to
comment on these changes.
DATES: The comment period for the
NPRM published in the Federal
Register on May 30, 2018 (83 FR 24694),
is reopened.
We must receive comments on this
SNPRM 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:
SUMMARY:
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26601
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Bombardier, Inc., QSeries Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5,
Canada; telephone: 416–375–4000; fax:
416–375–4539; email: thd.qseries@
aero.bombardier.com; internet: https://
www.bombardier.com. You may view
this referenced service information at
the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0453; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this SNPRM,
the regulatory evaluation, any
comments received, and other
information. The street address for
Docket Operations (phone: 800–647–
5527) is listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, New York ACO
Branch, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7323; fax 516–794–
5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2018–0453; Product Identifier 2018–
NM–028–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
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]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Proposed Rules]
[Pages 26598-26601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11832]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0400; Product Identifier 2019-NM-022-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: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A321-111, A321-112, A321-131, A321-211, A321-
212, A321-213, A321-231 and A321-232 airplanes. This proposed AD was
prompted by a quality control review, which determined that the wrong
aluminum alloy was used to manufacture several structural parts. This
proposed AD would require a one-time eddy current conductivity
measurement of certain structural parts of the outer flaps to determine
if the incorrect alloy was used, and replacement if necessary, as
specified in an European Aviation Safety Agency (EASA) AD, which will
be incorporated by reference. The FAA is proposing this AD to address
the unsafe condition on these products.
DATES: The FAA 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 proposed AD that will be
incorporated by reference (IBR), contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available in the AD
docket on
[[Page 26599]]
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-
0400; 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 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
The FAA invites 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-2019-0400;
Product Identifier 2019-NM-022-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM based on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0012, dated January 24, 2019
(``EASA AD 2019-0012'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A321-111, A321-112, A321-131, A321-
211, A321-212, A321-213, A321-231 and A321-232 airplanes. The MCAI
states:
Following a quality control review on the Airbus final assembly
line, it was discovered that wrong aluminum alloy was delivered by a
supplier for several structural parts. The results of the
investigations highlighted that part of the stock could be impacted
by this wrong material. Prompted by this finding, EASA published AD
2015-0218 [which corresponds to FAA AD 2017-05-02 (82 FR 12407,
March 3, 2017)], requiring an [special detailed inspection] SDI of
certain cabin, cargo compartment and airframe parts. Subsequent
investigation results established that outer flaps structure are
also affected. Structural investigations demonstrated the capability
to sustain the static limits loads, and sufficient fatigue life up
to a certain inspection threshold.
This condition, if not detected and corrected, could affect the
structural integrity of the outer flap, possibly resulting in
reduced control of the aeroplane.
To address this potential unsafe condition, Airbus issued the
inspection [service bulletin] SB to provide inspection instructions.
For the reasons described above, this [EASA] AD requires a one-
time SDI of suspected parts for material identification and,
depending on findings, replacement with serviceable parts.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0012 describes procedures for a one-time eddy current
conductivity measurement of certain structural parts on the outer flaps
to determine if an incorrect aluminum alloy was used, and replacement
of any affected part with a serviceable part. 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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
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 2019-0012, as incorporated by reference, 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,
the FAA expects that EASA AD 2019-0012 will be incorporated by
reference in the FAA's final rule. This proposed AD would, therefore,
require compliance with the provisions specified in EASA AD 2019-0012,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information specified in EASA AD
2019-0012 that is required for compliance with EASA AD 2019-0012 will
be available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0400 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 29 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $14,790
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* Table does not include estimated costs for reporting.
The FAA estimates that it would take about one 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, the FAA estimates the
[[Page 26600]]
cost of reporting the inspection results on U.S. operators to be
$2,465, or $85 per product.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the agency has included
all known costs in the 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 proposed 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 would be 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.
The FAA is 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
The FAA has 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. Will not affect intrastate aviation in Alaska; and
3. 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-2019-0400; Product Identifier 2019-NM-
022-AD.
(a) Comments Due Date
The FAA must receive comments by July 22, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus SAS Model A321-111, A321-112,
A321-131, A321-211, A321-212, A321-213, A321-231 and A321-232
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by a quality control review, which
determined that the wrong aluminum alloy was used to manufacture
several structural parts. The FAA is issuing this AD to address
structural parts made of incorrect aluminum alloy, which could
result in reduced structural integrity of the outer flaps and
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Aviation Safety Agency (EASA) AD 2019-
0012, dated January 24, 2019 (``EASA AD 2019-0012'').
(h) Exceptions to EASA AD 2019-0012
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0012 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0012 does not apply
to this AD.
(3) Where paragraph (5) of EASA AD 2019-0012 mandates a parts
installation limitation, this AD requires the following parts
installation limitation: From the effective date of this AD, only
serviceable parts as defined in EASA AD 2019-0012 are allowed to be
installed on any airplane.
(4) Where any service information referenced in EASA AD 2019-
0012 specifies reporting, this AD requires reporting all inspection
results at the applicable time specified in paragraph (h)(4)(i) or
(h)(4)(ii) of this AD. If operators have reported findings as part
of obtaining any corrective actions approved by Airbus SAS's EASA
Design Organization Approval (DOA), operators are not required to
report those findings as specified in this paragraph.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of 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,
[[Page 26601]]
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 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 2019-0012 that contains RC procedures and
tests: Except as required by paragraphs (h)(4) and (i)(2) of this
AD, RC procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(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 one
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 2019-0012, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2019-0012 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0400.
(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 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11832 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-13-P
