80 FR 64375 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range		64375-64378
FR Document		2015-26611
We propose to supersede Airworthiness Directive (AD) 2012-18- 12, for certain Airbus Model A318, A319, and A320 series airplanes. AD 2012-18-12 currently requires modifying the off-wing escape slide (OWS) enclosures on the left-hand (LH) side and right-hand (RH) side of the fuselage. Since we issued AD 2012-18-12, we have received reports that additional OWS part numbers have been affected. This proposed AD would retain the requirements of AD 2012-18-12 and expand the applicability to all Airbus Model A318, A319, and A320 series airplanes. We are proposing this AD to prevent off-wing exits on the LH and RH sides of the fuselage from becoming inoperative, which, during an emergency, could impair the safe evacuation of occupants, possibly resulting in personal injuries.
Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Proposed Rules]
[Pages 64375-64378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26611]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4202; Directorate Identifier 2014-NM-016-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-18-
12, for certain Airbus Model A318, A319, and A320 series airplanes. AD 
2012-18-12 currently requires modifying the off-wing escape slide (OWS) 
enclosures on the left-hand (LH) side and right-hand (RH) side of the 
fuselage. Since we issued AD 2012-18-12, we have received reports that 
additional OWS part numbers have been affected. This proposed AD would 
retain the requirements of AD 2012-18-12 and expand the applicability 
to all Airbus Model A318, A319, and A320 series airplanes. We are 
proposing this AD to prevent off-wing exits on the LH and RH sides of 
the fuselage from becoming inoperative, which, during an emergency, 
could impair the safe evacuation of occupants, possibly resulting in 
personal injuries.

DATES: We must receive comments on this proposed AD by December 7, 
2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 Airbus service information identified in this proposed AD, 
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email [email protected]; Internet 
http://www.airbus.com. For Air Cruisers service information identified 
in this proposed AD, contact Air Cruisers Company, Cage Code 70167, 
1747 State Route 34, Wall Township, NJ 07727-3935; telephone 732-681-
3527; fax 732-681-9163; Internet http://www.zodiacaerospace.com/en/our-activities/aerosafety/zodiac-evacuation-systems. You may view this 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4202; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-4202; 
Directorate Identifier 2014-NM-016-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://

[[Page 64376]]

www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On August 31, 2012, we issued AD 2012-18-12, Amendment 39-17189 (77 
FR 57003, September 17, 2012). AD 2012-18-12 requires actions intended 
to address an unsafe condition on certain Airbus Model A318, A319, and 
A320 series airplanes.
    Since we issued AD 2012-18-12, Amendment 39-17189 (77 FR 57003, 
September 17, 2012), we received reports that additional OWS part 
numbers have been affected which requires expanding the applicability 
to all Airbus Model A318, A319, and A320 series airplanes.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0025R1, dated May 26, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on all Airbus Model A318, 
A319, and A320 series airplanes. The MCAI states:

    One operator reported a torn out aspirator during scheduled 
deployment (for on ground testing purposes) of the Left Hand (LH) 
off-wing [escape] slide (OWS). Investigation results revealed that 
the aspirator of the OWS system interfered with the extrusion lip of 
the OWS enclosure during the initial stage of the deployment 
sequence.
    This condition, if not corrected, could lead to an off-wing 
exit, either LH or Right Hand (RH), becoming unserviceable, which, 
during an emergency situation, could impair the safe evacuation of 
occupants, possibly resulting in personal injuries.
    To address this potential unsafe condition, Airbus issued 
Service Bulletin (SB) A320-25-1649 containing modification 
instructions for certain part number (P/N) OWS enclosures. 
Consequently, EASA issued [EASA] AD 2010-0210 [(http://ad.easa.europa.eu/ad/2010-0210)] which corresponds to FAA AD 2012-
18-12, Amendment 39-17189 (77 FR 57003, September 17, 2012)] to 
require modification of the affected OWS enclosures.
    Since that [EASA] AD was issued, several other OWS P/N[s] have 
been identified as potentially impacted.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2010-0210, which is superseded, expands the 
Applicability to all A318, A319 and A320 aeroplanes, and expands the 
batch of affected P/N[s] prohibited to be installed on an aeroplane.
    For the reason described above, EASA issued AD 2014-0025, 
retaining the requirements of EASA AD 2010-0210, which was 
superseded, expanding the Applicability to all A318, A319 and A320 
aeroplanes, and expanding the batch of affected P/N[s] prohibited to 
be installed on an aeroplane. That [EASA] AD also retained the 
requirements of * * * [an AD, which was superseded], which required 
modification of the OWS and its aspirator.
    This [EASA] AD is revised to amend paragraphs (1) and (3) to 
restore the original applicability of DGAC France AD 2001-380 and 
EASA AD 2010-0210, respectively, and to correct paragraph (2) to 
give credit for certain production modifications that were 
equivalent for the in-service actions previously required by DGAC 
France AD 2001-380.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4202.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus Service Bulletin A320-25-1156, Revision 03, dated 
December 5, 2001. This service information describes procedures for 
modifying OWS enclosures having part numbers (P/N) D31865-101, D31865-
102, D31865-103, D31865-104, D31865-105, D31865-106, D31865-107, or 
D31865-108 of certain Airbus Model A319 and A320 series airplanes.
     Airbus Service Bulletin A320-25-1265, Revision 01, dated 
December 5, 2001. This service information describes procedures for 
modifying and installing the OWS enclosure on the LH and RH sides of 
the fuselage on certain Airbus Model A319 and A320 series airplanes.
     Airbus Service Bulletin A320-25-1649, dated February 16, 
2010. This service information describes procedures for modifying and 
installing OWS enclosures having part numbers (P/N) D31865-109, D31865-
110, D31865-209, or D31865-210, on the LH and RH sides of the fuselage 
on certain Airbus Model A318, A319, and A320 series airplanes.
    Air Cruisers has issued Service Bulletin A320 004-25-84, Revision 
4, dated November 9, 2012. This service information describes 
procedures for modifying LH and RH OWS.
    This service information 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 of this 
NPRM.

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 and service 
information 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.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S. 
registry.
    The actions required by AD 2012-18-12, Amendment 39-17189 (77 FR 
57003, September 17, 2012), and retained in this proposed AD take about 
14 work-hours per product, at an average labor rate of $85 per work-
hour. Required parts cost $0 per product. Based on these figures, the 
estimated cost of the actions that are required by AD 2012-18-12 is 
$1,190 per product.
    We also estimate that it would take about 48 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $3,472,080, or $4,080 per product.

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.

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

[[Page 64377]]

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 removing Airworthiness Directive (AD) 
2012-18-12, Amendment 39-17189 (77 FR 57003, September 17, 2012), and 
adding the following new AD:

Airbus: Docket No. FAA-2015-4202; Directorate Identifier 2014-NM-
016-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2015.

(b) Affected ADs

    This AD replaces (AD) 2012-18-12, Amendment 39-17189 (77 FR 
57003, September 17, 2012).

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, 
all manufacturer serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model 320-211, -212, -214, -231, -232, and -233 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a torn out aspirator due to 
the aspirator interfering with the extrusion lip of the off-wing 
escape slide (OWS) enclosure during the initial stage of the 
deployment sequence. This AD was also prompted by reports that 
additional OWS part numbers have been affected which requires 
expanding the applicability to all Airbus Model A318, A319, and A320 
series airplanes. We are issuing this AD to prevent off-wing exits 
on the left-hand (LH) and right-hand (RH) sides of the fuselage from 
becoming inoperative, which, during an emergency, could impair the 
safe evacuation of occupants, possibly resulting in personal 
injuries.

(f) Compliance

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

(g) Retained Modification

    This paragraph restates the requirements of paragraph (g) of AD 
2012-18-12, Amendment 39-17189 (77 FR 57003, September 17, 2012) 
with no changes. For airplanes equipped with OWS enclosures having 
part number (P/N) D31865-109, D31865-110, D31865-209, or D31865-210, 
except as provided by paragraph (i)(1) of this AD: Within 36 months 
after October 22, 2012, (the effective date of AD 2012-18-12), 
modify the OWS enclosures and install an OWS enclosure having P/N 
D31865-309, D31865-311, D31865-310, or D31865-312 on the LH side and 
RH side of the fuselage, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-25-1649, dated February 
16, 2010.

(h) New Modification of Affected OWS Enclosures and Aspirators

    For airplanes equipped with an OWS enclosure having P/N D31865-
101, D31865-102, D31865-103, D31865-104, D31865-105, D31865-106, 
D31865-107, or D31865-108, except as provided by paragraph (i)(2) of 
this AD: Within 36 months after the effective date of this AD, do 
the actions specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Modify the OWS enclosures and their aspirators in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-25-1156, Revision 03, dated December 5, 2001.
    (2) Install off-wing escape slides having P/N D31865-109, 
D31865-110, D31865-209, or D31865-210 on the LH side and RH side of 
the fuselage, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-25-1265, Revision 01, dated December 5, 
2001; and accomplish the modification required by paragraph (g) of 
this AD.

(i) Exceptions to the Requirements of Paragraphs (g) and (h) of This AD

    (1) Airplanes having Airbus modification 30088 embodied in 
production using an OWS enclosure having P/N D31865-111 or D31865-
112 are not affected by the requirements of paragraph (g) of this 
AD, unless a replacement OWS enclosure, having a part number listed 
in paragraphs (k)(9) through (k)(12) of this AD, has been installed 
on that airplane since first flight.
    (2) Airplanes on which Airbus modifications 24850, 25844, and 
27275 have been embodied in production, or on which modifications of 
the LH and RH OWS enclosures and their aspirators have been 
accomplished using Airbus Service Bulletin A320-25-1156, Revision 
01, dated February 2, 1999, or Revision 2, dated October 26, 1999, 
and Airbus Service Bulletin A320-25-1265, dated June 6, 2001, are 
compliant with the modification requirement of paragraph (h) of this 
AD.

(j) Optional Method of Compliance for Paragraph (g) of This AD

    Installing both LH and RH OWS that have been modified in 
accordance with the Accomplishment Instructions of Air Cruisers 
Service Bulletin A320 004-25-84, Revision 4, dated November 9, 2012, 
is an acceptable method of compliance with the modification required 
by paragraph (g) of this AD.

(k) Part Installation Prohibition

    As of the effective date of this AD, do not install on any 
airplane an OWS enclosure having a part number listed in paragraphs 
(k)(1) through (k)(12) of this AD, except as required by paragraph 
(h)(2) of this AD for the OWS enclosures identified in paragraph (h) 
of this AD.

(1) D31865-101
(2) D31865-102
(3) D31865-103
(4) D31865-104
(5) D31865-105
(6) D31865-106
(7) D31865-107
(8) D31865-108
(9) D31865-109
(10) D31865-110
(11) D31865-209
(12) D31865-210

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in 
paragraph (h)(1) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
identified in paragraph (l)(1)(i) or (l)(1)(ii) of this AD, which is 
not incorporated by reference.
    (i) Airbus Service Bulletin A320-25-1156, Revision 01, dated 
February 2, 1999.
    (ii) Airbus Service Bulletin A320-25-1156, Revision 02, dated 
October 26, 1999.
    (2) This paragraph provides credit for the actions specified in 
paragraph (h)(2) of this AD, if those actions were performed before 
the effective date of this AD using Airbus Service Bulletin A320-25-
1265, dated June 6, 2001, which is not incorporated by reference.
    (3) This paragraph provides credit for the actions specified in 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (l)(3)(i), (l)(3)(ii), (l)(3)(iii), or (l)(3)(iv) of 
this AD, which is not incorporated by reference.
    (i) Air Cruisers Service Bulletin A320 004-25-84, dated February 
5, 2010.
    (ii) Air Cruisers Service Bulletin A320 004-25-84, Revision 1, 
dated April 9, 2010.
    (iii) Air Cruisers Service Bulletin A320 004-25-84, Revision 2, 
dated February 11, 2011.

[[Page 64378]]

    (iv) Air Cruisers Service Bulletin A320 004-25-84, Revision 3, 
dated October 28, 2011.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1405; fax 425-227-1149 Information may be 
emailed to: [email protected].
    (i) 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. The AMOC approval letter must specifically 
reference this AD.
    (ii) AMOCs approved previously for AD 2012-18-12, Amendment 39-
17189 (77 FR 57003, September 17, 2012), are approved as AMOCs for 
the corresponding provisions of paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2014-0025R1, dated May 26, 2014, for related information. 
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-4202.
    (2) For Airbus service information identified in this AD, 
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email [email protected]; 
Internet http://www.airbus.com. For Air Cruisers service information 
identified in this AD, contact Air Cruisers Company, Cage Code 
70167, 1747 State Route 34, Wall Township, NJ 07727-3935; telephone 
732-681-3527; fax 732-681-9163; Internet http://www.zodiacaerospace.com/en/our-activities/aerosafety/zodiac-evacuation-systems. You may view this service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on October 11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-26611 Filed 10-22-15; 8:45 am]
BILLING CODE 4910-13-P
64376 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules

www.regulations.gov, including any to all A318, A319 and A320 aeroplanes, and in the United States. Pursuant to our
personal information you provide. We expanding the batch of affected P/N[s] bilateral agreement with the State of
will also post a report summarizing each prohibited to be installed on an aeroplane. Design Authority, we have been notified
substantive verbal contact we receive That [EASA] AD also retained the of the unsafe condition described in the
requirements of * * * [an AD, which was
about this proposed AD. superseded], which required modification of
MCAI and service information
the OWS and its aspirator. referenced above. We are proposing this
Discussion
This [EASA] AD is revised to amend AD because we evaluated all pertinent
On August 31, 2012, we issued AD paragraphs (1) and (3) to restore the original information and determined an unsafe
2012–18–12, Amendment 39–17189 (77 applicability of DGAC France AD 2001–380 condition exists and is likely to exist or
FR 57003, September 17, 2012). AD and EASA AD 2010–0210, respectively, and develop on other products of the same
2012–18–12 requires actions intended to to correct paragraph (2) to give credit for type design.
address an unsafe condition on certain certain production modifications that were
Airbus Model A318, A319, and A320 equivalent for the in-service actions Costs of Compliance
series airplanes. previously required by DGAC France AD We estimate that this proposed AD
Since we issued AD 2012–18–12, 2001–380.
affects 851 airplanes of U.S. registry.
Amendment 39–17189 (77 FR 57003, You may examine the MCAI in the The actions required by AD 2012–18–
September 17, 2012), we received AD docket on the Internet at http:// 12, Amendment 39–17189 (77 FR
reports that additional OWS part www.regulations.gov by searching for 57003, September 17, 2012), and
numbers have been affected which and locating Docket No. FAA–2015– retained in this proposed AD take about
requires expanding the applicability to 4202. 14 work-hours per product, at an
all Airbus Model A318, A319, and A320 average labor rate of $85 per work-hour.
Related Service Information Under 1
series airplanes. Required parts cost $0 per product.
The European Aviation Safety Agency CFR Part 51
Based on these figures, the estimated
(EASA), which is the Technical Agent Airbus has issued the following cost of the actions that are required by
for the Member States of the European service information. AD 2012–18–12 is $1,190 per product.
Union, has issued EASA Airworthiness • Airbus Service Bulletin A320–25– We also estimate that it would take
Directive 2014–0025R1, dated May 26, 1156, Revision 03, dated December 5, about 48 work-hours per product to
2014 (referred to after this as the 2001. This service information describes comply with the basic requirements of
Mandatory Continuing Airworthiness procedures for modifying OWS this proposed AD. The average labor
Information, or ‘‘the MCAI’’), to correct enclosures having part numbers (P/N) rate is $85 per work-hour. Required
an unsafe condition on all Airbus Model D31865–101, D31865–102, D31865–103, parts would cost $0 per product. Based
A318, A319, and A320 series airplanes. D31865–104, D31865–105, D31865–106, on these figures, we estimate the cost of
The MCAI states: D31865–107, or D31865–108 of certain this proposed AD on U.S. operators to
Airbus Model A319 and A320 series be $3,472,080, or $4,080 per product.
One operator reported a torn out aspirator
during scheduled deployment (for on ground airplanes.
• Airbus Service Bulletin A320–25– Authority for This Rulemaking
testing purposes) of the Left Hand (LH) off-
wing [escape] slide (OWS). Investigation 1265, Revision 01, dated December 5, Title 49 of the United States Code
results revealed that the aspirator of the OWS 2001. This service information describes specifies the FAA’s authority to issue
system interfered with the extrusion lip of procedures for modifying and installing rules on aviation safety. Subtitle I,
the OWS enclosure during the initial stage of the OWS enclosure on the LH and RH section 106, describes the authority of
the deployment sequence. sides of the fuselage on certain Airbus the FAA Administrator. ‘‘Subtitle VII:
This condition, if not corrected, could lead Model A319 and A320 series airplanes. Aviation Programs,’’ describes in more
to an off-wing exit, either LH or Right Hand • Airbus Service Bulletin A320–25– detail the scope of the Agency’s
(RH), becoming unserviceable, which, during
1649, dated February 16, 2010. This authority.
an emergency situation, could impair the safe
evacuation of occupants, possibly resulting service information describes We are issuing this rulemaking under
in personal injuries. procedures for modifying and installing the authority described in ‘‘Subtitle VII,
To address this potential unsafe condition, OWS enclosures having part numbers Part A, Subpart III, Section 44701:
Airbus issued Service Bulletin (SB) A320– (P/N) D31865–109, D31865–110, General requirements.’’ Under that
25–1649 containing modification instructions D31865–209, or D31865–210, on the LH section, Congress charges the FAA with
for certain part number (P/N) OWS and RH sides of the fuselage on certain promoting safe flight of civil aircraft in
enclosures. Consequently, EASA issued Airbus Model A318, A319, and A320 air commerce by prescribing regulations
[EASA] AD 2010–0210 [(http://ad.easa. series airplanes. for practices, methods, and procedures
europa.eu/ad/2010-0210)] which Air Cruisers has issued Service the Administrator finds necessary for
corresponds to FAA AD 2012–18–12,
Amendment 39–17189 (77 FR 57003,
Bulletin A320 004–25–84, Revision 4, safety in air commerce. This regulation
September 17, 2012)] to require modification dated November 9, 2012. This service is within the scope of that authority
of the affected OWS enclosures. information describes procedures for because it addresses an unsafe condition
Since that [EASA] AD was issued, several modifying LH and RH OWS. that is likely to exist or develop on
other OWS P/N[s] have been identified as This service information is reasonably products identified in this rulemaking
potentially impacted. available because the interested parties action.
For the reason described above, this have access to it through their normal
[EASA] AD retains the requirements of EASA Regulatory Findings
mstockstill on DSK4VPTVN1PROD with PROPOSALS

course of business or by the means
AD 2010–0210, which is superseded, identified in the ADDRESSES section of We determined that this proposed AD
expands the Applicability to all A318, A319 would not have federalism implications
this NPRM.
and A320 aeroplanes, and expands the batch under Executive Order 13132. This
of affected P/N[s] prohibited to be installed FAA’s Determination and Requirements
on an aeroplane.
proposed AD would not have a
of This Proposed AD substantial direct effect on the States, on
For the reason described above, EASA
issued AD 2014–0025, retaining the This product has been approved by the relationship between the national
requirements of EASA AD 2010–0210, which the aviation authority of another Government and the States, or on the
was superseded, expanding the Applicability country, and is approved for operation distribution of power and

VerDate Sep<11>2014 17:40 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1
Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules 64377

responsibilities among the various with the extrusion lip of the off-wing escape been embodied in production, or on which
levels of government. slide (OWS) enclosure during the initial stage modifications of the LH and RH OWS
For the reasons discussed above, I of the deployment sequence. This AD was enclosures and their aspirators have been
also prompted by reports that additional accomplished using Airbus Service Bulletin
certify this proposed regulation:
OWS part numbers have been affected which A320–25–1156, Revision 01, dated February
1. Is not a ‘‘significant regulatory requires expanding the applicability to all 2, 1999, or Revision 2, dated October 26,
action’’ under Executive Order 12866; Airbus Model A318, A319, and A320 series 1999, and Airbus Service Bulletin A320–25–
2. Is not a ‘‘significant rule’’ under the airplanes. We are issuing this AD to prevent 1265, dated June 6, 2001, are compliant with
DOT Regulatory Policies and Procedures off-wing exits on the left-hand (LH) and right- the modification requirement of paragraph
(44 FR 11034, February 26, 1979); hand (RH) sides of the fuselage from (h) of this AD.
3. Will not affect intrastate aviation in becoming inoperative, which, during an
Alaska; and emergency, could impair the safe evacuation (j) Optional Method of Compliance for
of occupants, possibly resulting in personal Paragraph (g) of This AD
4. Will not have a significant
injuries. Installing both LH and RH OWS that have
economic impact, positive or negative,
on a substantial number of small entities (f) Compliance been modified in accordance with the
Accomplishment Instructions of Air Cruisers
under the criteria of the Regulatory Comply with this AD within the Service Bulletin A320 004–25–84, Revision
Flexibility Act. compliance times specified, unless already 4, dated November 9, 2012, is an acceptable
done.
List of Subjects in 14 CFR Part 39 method of compliance with the modification
(g) Retained Modification required by paragraph (g) of this AD.
Air transportation, Aircraft, Aviation
This paragraph restates the requirements of (k) Part Installation Prohibition
safety, Incorporation by reference,
paragraph (g) of AD 2012–18–12,
Safety. Amendment 39–17189 (77 FR 57003,
As of the effective date of this AD, do not
install on any airplane an OWS enclosure
The Proposed Amendment September 17, 2012) with no changes. For
airplanes equipped with OWS enclosures having a part number listed in paragraphs
Accordingly, under the authority having part number (P/N) D31865–109, (k)(1) through (k)(12) of this AD, except as
delegated to me by the Administrator, D31865–110, D31865–209, or D31865–210, required by paragraph (h)(2) of this AD for
except as provided by paragraph (i)(1) of this the OWS enclosures identified in paragraph
the FAA proposes to amend 14 CFR part
AD: Within 36 months after October 22, (h) of this AD.
39 as follows:
2012, (the effective date of AD 2012–18–12), (1) D31865–101
PART 39—AIRWORTHINESS modify the OWS enclosures and install an (2) D31865–102
DIRECTIVES OWS enclosure having P/N D31865–309, (3) D31865–103
D31865–311, D31865–310, or D31865–312 on (4) D31865–104
■ 1. The authority citation for part 39 the LH side and RH side of the fuselage, in (5) D31865–105
accordance with the Accomplishment (6) D31865–106
continues to read as follows: Instructions of Airbus Service Bulletin A320– (7) D31865–107
Authority: 49 U.S.C. 106(g), 40113, 44701. 25–1649, dated February 16, 2010. (8) D31865–108
(9) D31865–109
§ 39.13 [Amended] (h) New Modification of Affected OWS
(10) D31865–110
Enclosures and Aspirators
■ 2. The FAA amends § 39.13 by (11) D31865–209
removing Airworthiness Directive (AD) For airplanes equipped with an OWS (12) D31865–210
2012–18–12, Amendment 39–17189 (77 enclosure having P/N D31865–101, D31865–
102, D31865–103, D31865–104, D31865–105, (l) Credit for Previous Actions
FR 57003, September 17, 2012), and D31865–106, D31865–107, or D31865–108, (1) This paragraph provides credit for the
adding the following new AD: except as provided by paragraph (i)(2) of this actions specified in paragraph (h)(1) of this
Airbus: Docket No. FAA–2015–4202; AD: Within 36 months after the effective date AD, if those actions were performed before
Directorate Identifier 2014–NM–016–AD. of this AD, do the actions specified in the effective date of this AD using the service
paragraphs (h)(1) and (h)(2) of this AD. information identified in paragraph (l)(1)(i)
(a) Comments Due Date (1) Modify the OWS enclosures and their or (l)(1)(ii) of this AD, which is not
We must receive comments by December 7, aspirators in accordance with the incorporated by reference.
2015. Accomplishment Instructions of Airbus (i) Airbus Service Bulletin A320–25–1156,
Service Bulletin A320–25–1156, Revision 03, Revision 01, dated February 2, 1999.
(b) Affected ADs dated December 5, 2001. (ii) Airbus Service Bulletin A320–25–1156,
This AD replaces (AD) 2012–18–12, (2) Install off-wing escape slides having P/ Revision 02, dated October 26, 1999.
Amendment 39–17189 (77 FR 57003, N D31865–109, D31865–110, D31865–209, or (2) This paragraph provides credit for the
September 17, 2012). D31865–210 on the LH side and RH side of
actions specified in paragraph (h)(2) of this
the fuselage, in accordance with the
(c) Applicability AD, if those actions were performed before
Accomplishment Instructions of Airbus
the effective date of this AD using Airbus
This AD applies to the Airbus airplanes Service Bulletin A320–25–1265, Revision 01,
Service Bulletin A320–25–1265, dated June
identified in paragraphs (c)(1), (c)(2), and dated December 5, 2001; and accomplish the
(c)(3) of this AD, certificated in any category, 6, 2001, which is not incorporated by
modification required by paragraph (g) of this
all manufacturer serial numbers. AD. reference.
(1) Model A318–111, –112, –121, and –122 (3) This paragraph provides credit for the
(i) Exceptions to the Requirements of actions specified in paragraph (j) of this AD,
airplanes.
Paragraphs (g) and (h) of This AD if those actions were performed before the
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes. (1) Airplanes having Airbus modification effective date of this AD using the service
30088 embodied in production using an information identified in paragraph (l)(3)(i),
mstockstill on DSK4VPTVN1PROD with PROPOSALS

(3) Model 320–211, –212, –214, –231, –232,
and –233 airplanes. OWS enclosure having P/N D31865–111 or (l)(3)(ii), (l)(3)(iii), or (l)(3)(iv) of this AD,
D31865–112 are not affected by the which is not incorporated by reference.
(d) Subject requirements of paragraph (g) of this AD, (i) Air Cruisers Service Bulletin A320 004–
Air Transport Association (ATA) of unless a replacement OWS enclosure, having 25–84, dated February 5, 2010.
America Code 25, Equipment/furnishings. a part number listed in paragraphs (k)(9) (ii) Air Cruisers Service Bulletin A320
through (k)(12) of this AD, has been installed 004–25–84, Revision 1, dated April 9, 2010.
(e) Reason on that airplane since first flight. (iii) Air Cruisers Service Bulletin A320
This AD was prompted by a report of a torn (2) Airplanes on which Airbus 004–25–84, Revision 2, dated February 11,
out aspirator due to the aspirator interfering modifications 24850, 25844, and 27275 have 2011.

VerDate Sep<11>2014 17:40 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1
64378 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules

(iv) Air Cruisers Service Bulletin A320 Airplane Directorate, 1601 Lind Avenue SW., SUPPLEMENTARY INFORMATION:
004–25–84, Revision 3, dated October 28, Renton, WA. For information on the
2011. availability of this material at the FAA, call Background and Explanation of
425–227–1221. Provisions
(m) Other FAA AD Provisions
Issued in Renton, Washington, on October This document contains proposed
The following provisions also apply to this
AD:
11, 2015. amendments to the Income Tax
(1) Alternative Methods of Compliance Jeffrey E. Duven, Regulations (26 CFR part 1), the Estate
(AMOCs): The Manager, International Manager, Transport Airplane Directorate, Tax Regulations (26 CFR part 20), the
Branch, ANM–116, Transport Airplane Aircraft Certification Service. Gift Tax Regulations (26 CFR part 25),
Directorate, FAA, has the authority to [FR Doc. 2015–26611 Filed 10–22–15; 8:45 am] the Generation-Skipping Transfer Tax
approve AMOCs for this AD, if requested BILLING CODE 4910–13–P Regulations (26 CFR part 26), the
using the procedures found in 14 CFR 39.19. Employment Tax and Collection of
In accordance with 14 CFR 39.19, send your Income Tax at Source Regulations (26
request to your principal inspector or local CFR part 31), and the Regulations on
Flight Standards District Office, as DEPARTMENT OF THE TREASURY
Procedure and Administration (26 CFR
appropriate. If sending information directly
to the International Branch, send it to ATTN: Internal Revenue Service part 301).
Sanjay Ralhan, Aerospace Engineer, Amendments to Regulations
International Branch, ANM–116, Transport 26 CFR Parts 1, 20, 25, 26, 31, and 301 Incorporating Holdings of Windsor,
Airplane Directorate, FAA, 1601 Lind Obergefell, and Revenue Ruling 2013–17
Avenue SW., Renton, WA 98057–3356; [REG–148998–13]
telephone 425–227–1405; fax 425–227–1149 RIN 1545–BM10 On June 26, 2013, the Supreme Court
Information may be emailed to: 9-ANM-116- in United States v. Windsor, 570 U.S.
AMOC-REQUESTS@faa.gov. Definition of Terms Relating to Marital __, 133 S. Ct. 2675 (2013), held that
(i) Before using any approved AMOC, Status Section 3 of the Defense of Marriage
notify your appropriate principal inspector, Act, which generally prohibited the
or lacking a principal inspector, the manager AGENCY: Internal Revenue Service (IRS), federal government from recognizing the
of the local flight standards district office/ Treasury. marriages of same-sex couples, is
certificate holding district office. The AMOC ACTION: Notice of proposed rulemaking.
approval letter must specifically reference
unconstitutional because it violates the
this AD. principles of equal protection and due
SUMMARY: This document contains
(ii) AMOCs approved previously for AD process. Revenue Ruling 2013–17
proposed regulations that reflect the
2012–18–12, Amendment 39–17189 (77 FR provides guidance on the Windsor
holdings of Obergefell v. Hodges, 576
57003, September 17, 2012), are approved as decision’s effect on the IRS’s
U.S. __, 135 S. Ct. 2584 (2015), Windsor
AMOCs for the corresponding provisions of interpretation of Code sections that refer
paragraph (g) of this AD. v. United States, 570 U.S. __, 133 S. Ct.
to taxpayers’ marital status. Cf. Notice
(2) Contacting the Manufacturer: As of the 2675 (2013), and Revenue Ruling 2013–
2014–19 (2014–47 IRB 979), amplified
effective date of this AD, for any requirement 17 (2013–38 IRB 201), and that define
by Notice 2014–37 (2014–24 IRB 1100)
in this AD to obtain corrective actions from terms in the Internal Revenue Code
(regarding the application of the
a manufacturer, the action must be (Code) describing the marital status of
accomplished using a method approved by
Windsor decision to qualified retirement
taxpayers. The proposed regulations plans); Notice 2014–1 (2014–02 IRB
the Manager, International Branch, ANM– primarily affect married couples,
116, Transport Airplane Directorate, FAA; or 270) (regarding elections and
employers, sponsors and administrators reimbursements for same-sex spouses
the European Aviation Safety Agency
of employee benefit plans, and under cafeteria plans, flexible spending
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by executors. This document invites arrangements, and health savings
the DOA, the approval must include the comments from the public regarding accounts following the Windsor
DOA-authorized signature. these proposed regulations. decision); Notice 2013–61 (2013–44 IRB
DATES: Written or electronic comments 432) (regarding the application of the
(n) Related Information
and requests for a public hearing must Windsor decision and Rev. Rul. 2013–17
(1) Refer to Mandatory Continuing be received by December 7, 2015.
Airworthiness Information (MCAI) European to employment taxes and special
Aviation Safety Agency (EASA) ADDRESSES: Send submissions to: administrative procedures for employers
Airworthiness Directive 2014–0025R1, dated CC:PA:LPD:PR (REG–148998–13), Room to make adjustments or claims for
May 26, 2014, for related information. This 5205, Internal Revenue Service, P.O. refund or credit); and Revenue
MCAI may be found in the AD docket on the Box 7604, Ben Franklin Station, Procedure 2014–18 (2014–7 IRB 513)
Internet at http://www.regulations.gov by Washington, DC 20044. Submissions (regarding extensions of time for estates
searching for and locating Docket No. FAA– may be hand-delivered Monday through to make a portability election). On June
2015–4202. Friday between the hours of 8 a.m. and
(2) For Airbus service information
26, 2015, the Supreme Court in
identified in this AD, contact Airbus,
4 p.m. to CC:PA:LPD:PR (REG–148998– Obergefell v. Hodges, 576 U.S. __ (2015),
Airworthiness Office—EIAS, 1 Rond Point
13), Courier’s Desk, Internal Revenue held that state laws are ‘‘invalid to the
Maurice Bellonte, 31707 Blagnac Cedex, Service, 1111 Constitution Avenue NW., extent they exclude same-sex couples
France; telephone +33 5 61 93 36 96; fax +33 Washington, DC; or sent electronically from civil marriage on the same terms
5 61 93 44 51; email account.airworth-eas@ via the Federal eRulemaking Portal at and conditions as opposite-sex couples’’
airbus.com; Internet http://www.airbus.com. www.regulations.gov (IRS REG–148998– and ‘‘that there is no lawful basis for a
mstockstill on DSK4VPTVN1PROD with PROPOSALS

For Air Cruisers service information 13). State to refuse to recognize a lawful
identified in this AD, contact Air Cruisers FOR FURTHER INFORMATION CONTACT: same-sex marriage performed in another
Company, Cage Code 70167, 1747 State Concerning the proposed amendments
Route 34, Wall Township, NJ 07727–3935;
State on the ground of its same-sex
telephone 732–681–3527; fax 732–681–9163;
to the regulations, Mark Shurtliff at character.’’ Obergefell, 576 U.S. at 23,
Internet http://www.zodiacaerospace.com/ (202) 317–3400; concerning submissions 28.
en/our-activities/aerosafety/zodiac- of comments and requests for a hearing, In light of the holdings of Windsor
evacuation-systems. You may view this Regina Johnson at (202) 317–6901 (not and Obergefell, the Treasury Department
service information at the FAA, Transport toll-free numbers). and the IRS have determined that, for

VerDate Sep<11>2014 17:40 Oct 22, 2015 Jkt 238001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\23OCP1.SGM 23OCP1
Document Created: 2015-12-14 15:31:58
Document Modified: 2015-12-14 15:31:58
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking (NPRM).
Dates		We must receive comments on this proposed AD by December 7, 2015.
Contact		Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.
FR Citation		80 FR 64375
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
80 FR 64375 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 205 (October 23, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
