81 FR 72748 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 204 (October 21, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72748-72751 | |
| FR Document | 2016-23787 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Proposed Rules] [Pages 72748-72751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23787] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-7526; Directorate Identifier 2014-NM-217-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are revising an earlier proposed airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This action revises the notice of proposed rulemaking (NPRM) by requiring an additional action for sealant application on some nuts and bolts on the National Advisory Committee for Aeronautics (NACA) duct assembly and adding a grace period to the compliance time. We are proposing this SNPRM to detect and correct corroded circlips. Such corrosion could lead to failure of the circlips and consequent movement of the FVP and result in a reduction of the flame protector capability of the FVP cartridge. Such a condition could result in damage to the airplane in case of lightning impact or fire on the ground. Since the additional actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: The comment period for the NPRM published in the Federal Register on December 23, 2015 (80 FR 79742), is reopened. We must receive comments on this SNPRM by December 5, 2016. 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 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 service information identified in this SNPRM, 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. 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- 7526; 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 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-2015-7526; Directorate Identifier 2014-NM-217-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://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 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM published in the Federal Register on December 23, 2015 (80 FR 79742) (``the NPRM''). The NPRM was prompted by the discovery of corroded circlips in FVPs having a certain part number. The NPRM proposed to require an inspection to determine the part number and serial number of the FVP, and replacement if necessary. Actions Since the NPRM Was Issued Since we issued the NPRM, Airbus has issued revised service information to include an additional action to apply sealant on nuts and bolts of the NACA duct assembly. Airplanes on which the installation in the original service information was done would be required to do this additional action. In addition, we determined that a grace period is needed so operators have sufficient time to comply with the requirements in this proposed AD. In addition, the European Aviation Safety Agency (EASA) superseded EASA Airworthiness Directive 2014-0234R1, dated December 11, 2014 (which was referred to in the NPRM), and issued EASA Airworthiness Directive 2016-0114, dated June 15, 2016; corrected June 23, 2016; which retains the requirements of EASA AD 2014-0234R1 and includes an additional action. The EASA, which is the Technical Agent for the Member States of the European Union, has issued Airworthiness Directive 2016-0114, dated June 15, 2016; corrected June 23, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states: On each aeroplane wing, a NACA duct assembly is installed, including a Fuel Vent Protector (FVP) which is used as flame arrestor. This FVP is maintained in its NACA duct assembly by a circlip (also known as C-clip). Following a wing water pressure test, the FVP is removed and dried with heat. During an inspection after this test, several circlips were reported to be discoloured. Investigation revealed that a batch of circlips fitted on some FVP Part Number (P/N) 786073-1-0 have an increased risk of [[Page 72749]] corrosion due to a manufacturing quality issue. This condition, if not detected and corrected, could lead to circlip failure and consequent FVP movement, reducing the flame protector capability of the FVP cartridge, possibly resulting in damage to the aeroplane in case of lightning impact or fire on ground. Airbus issued Service Bulletin (SB) A320-28-1221, providing instructions for identification by serial number (s/n) and removal from service of the affected FVP P/N 786073-1-0, and EASA issued AD 2014-0234, later revised, to require those actions and to implement installation requirements for the FVP. After that [EASA] AD was issued, one step in the FVP re- installation instructions was identified as missing. Consequently, Airbus revised SB A320-28-1221 to provide instructions for sealant installation on some nuts and bolts on the NACA duct assembly. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2014-0234R1, which is superseded, and requires additional work for aeroplanes already modified in accordance with Airbus SB A320-28-1221 original issue or Revision 01. 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- 7526. Related Service Information Under 1 CFR Part 51 Airbus has issued Service Bulletin A320-28-1221, Revision 02, dated January 11, 2016. The service information describes procedures for inspecting the FVP to determine the part number and serial number, replacing any affected FVP, and applying sealant to the nuts and bolts of the FVP. 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. Comments We gave the public the opportunity to participate in developing this proposed AD. We considered the comments received. Request To Refer to Revised Service Information Airbus requested that the service information referred to in the NPRM be revised. Since the NPRM was published, Airbus issued Service Bulletin A320-28-1221, Revision 02, dated January 11, 2016, which includes an additional action (i.e., the application of sealant to the nuts and bolts of a FVP after installation). The additional action was not included in the Accomplishment Instructions of Airbus Service Bulletin A320-28-1221, Revision 01, dated June 23, 2015, which was referred to as the appropriate source of service information for accomplishing the required actions proposed in the NPRM. We agree with the commenter's request to refer to the revised service information in this SNPRM. We have revised paragraphs (g) and (i) of this proposed AD to refer to the revised service information, Airbus Service Bulletin A320-28-1221, Revision 02, dated January 11, 2016. Request To Extend the Compliance Time American Airlines (AAL) requested that the compliance time in paragraph (h) of the proposed AD be changed from ``at the earliest of the times'' to ``at the latest of the times,'' or be simplified to ``within 6 months after the effective date.'' AAL stated that its 4 affected airplanes would be out of compliance when the NPRM became a final rule because the airplanes have already accumulated approximately 9,000 flight hours and 4,000 flight cycles, and have been in service for 34 months. We partially agree with the commenter's request. We revised paragraph (h) of this proposed AD to include a grace period of 30 days from the effective date of the AD to accomplish the required actions. In regard to the compliance times in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, we do not agree to change ``at the earliest of the times'' to ``at the latest of the times,'' or to simplify the compliance time to ``within 6 months after the effective date of this AD.'' In developing an appropriate compliance time, we considered the safety implications and the time necessary to do the inspection to determine the part number and serial number of the FVP, and any necessary replacements. In light of these items, we have determined that the compliance times specified in paragraphs (h)(1), (h)(2), and (h)(3) of this proposed AD are appropriate. However, under the provisions of paragraph (k)(1) of this proposed AD, we will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that the extension would provide an acceptable level of safety. We have not changed this AD regarding this issue. Request To Revise Costs of Compliance AAL requested that the ``Costs of Compliance'' section of the NPRM be revised to increase the number of work-hours from 5 to 12. AAL stated that there are multiple positions on each airplane that need to be inspected and may need corrective actions. We agree with the commenter's request. Based on the reason provided by the commenter, and the new additional action included in this SNPRM, we have revised the ``Costs of Compliance'' section to increase the work-hours from 5 to 19. FAA's Determination and Requirements of This SNPRM 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 these same type designs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Costs of Compliance We estimate that this SNPRM affects 7 airplanes of U.S. registry. We also estimate that it would take about 19 work-hours per product to comply with the new basic requirements of this SNPRM. The average labor rate is $85 per work-hour. Required parts would cost about $25,640 per product. Based on these figures, we estimate the cost of this SNPRM on U.S. operators to be $190,785, or $27,255 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. [[Page 72750]] Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2015-7526; Directorate Identifier 2014-NM- 217-AD. (a) Comments Due Date We must receive comments by December 5, 2016. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes specified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, all manufacturer serial numbers. (1) Airbus Model A318-111, -112, -121, and -122 airplanes. (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Reason This AD was prompted by the discovery of corroded circlips in fuel vent protectors (FVP) having a certain part number. We are issuing this AD to detect and correct corroded circlips. Such corrosion could lead to failure of the circlips and consequent movement of the FVP and result in a reduction of the flame protector capability of the FVP cartridge, which could result in damage to the airplane in case of lightning impact or fire on the ground. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection of FVP and Corrective Action For airplanes having a manufacturer serial number specified in figure 1 to paragraphs (g) and (i) of this AD: At the time specified in paragraph (h) of this AD, do an inspection to determine the part number and serial number of the FVP. If the FVP has part number (P/ N) 786073-1-0 with a serial number that is specified in figure 2 to paragraphs (g) and (i) of this AD, and the FVP is not marked ``Amdt B,'' replace the FVP with a serviceable part, at the time specified in paragraph (h) of this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-28-1221, Revision 02, dated January 11, 2016. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number and serial number of the FVP can be conclusively determined from that review. Figure 1 to Paragraphs (g) and (i) of This AD--Affected Airplane Manufacturer Serial Numbers ------------------------------------------------------------------------ ------------------------------------------------------------------------- 5438 5441 5444 5445 5447 5457 5459 5460 5461 5463 5464 5469 5473 through 5478 inclusive 5481 5482 5483 5485 through 5488 inclusive 5490 through 5493 inclusive 5495 through 5505 inclusive 5507 through 5515 inclusive 5517 5518 5520 through 5527 inclusive 5530 5536 5539 5541 5544 5547 5551 5553 5556 ------------------------------------------------------------------------ Figure 2 to Paragraphs (g) and (i) of This AD--Affected Serial Numbers for Part Number 786073-1-0 [Manufactured during August 2012] ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Serial number 786073IN0xxxx (xxxx indicates the last four digits) ---------------------------------------------------------------------------------------------------------------- 3752 3821 3868 3911 3966 4010 3753 3826 3871 3914 3967 4011 3754 3827 3874 3922 3969 4013 3755 3829 3877 3925 3971 4017 3756 3830 3878 3927 3972 4019 3757 3833 3882 3930 3977 4023 3758 3834 3893 3937 3978 4024 3759 3836 3897 3938 3980 4025 3760 3839 3898 3940 3981 4026 3761 3840 3899 3945 3982 4039 3787 3848 3900 3946 3983 4048 3788 3849 3901 3947 3984 4065 3810 3850 3904 3948 3985 4066 3812 3851 3905 3951 3986 4068 3814 3853 3906 3961 3987 4070 3817 3859 3907 3962 3996 4184 3819 3860 3908 3964 3997 4187 3820 3867 3910 3965 4009 None ---------------------------------------------------------------------------------------------------------------- [[Page 72751]] (h) Compliance Times for the Requirements of Paragraph (g) of This AD Do the actions required by paragraph (g) of this AD at the earliest of the times specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, or within 30 days after the effective date of this AD, whichever occurs later. (1) Before the accumulation of 5,000 total flight cycles after the date of manufacture of the airplane. (2) Before the accumulation of 7,500 total flight hours after the date of manufacture of the airplane. (3) Within 30 months after the date of manufacture of the airplane. (i) Exclusion From Actions Required by Paragraph (g) of This AD An airplane that does not have a manufacturer serial number specified in figure 1 to paragraphs (g) and (i) of this AD is excluded from the requirements of paragraph (g) of this AD, provided that, a FVP having P/N 786073-1-0 with a serial number specified in figure 2 to paragraphs (g) and (i) of this AD has not been installed on that airplane after July 2012. If a FVP having P/N 786073-1-0 with a serial number specified in figure 2 to paragraphs (g) and (i) of this AD is installed, or the serial number cannot be identified: Within 12 months after the effective date of this AD, replace the FVP with a serviceable part, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-28-1221, Revision 02, dated January 11, 2016. A review of airplane maintenance records is acceptable if it can be conclusively determined from that review that a FVP having a serial number specified in figure 2 to paragraphs (g) and (i) of this AD has not been installed on that airplane after July 2012. (j) Parts Installation Limitation As of the effective date of this AD, a FVP having P/N 786073-1-0 and a serial number listed in figure 2 to paragraphs (g) and (i) of this AD may be installed on any airplane, provided the FVP is marked with ``Amdt B.'' (k) 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]. 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 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. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those 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. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0114, dated June 15, 2016; corrected June 23, 2016; 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-2015-7526. (2) For 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. 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. Issued in Renton, Washington, on September 26, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-23787 Filed 10-20-16; 8:45 am] BILLING CODE 4910-13-P
![72748 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Issued in Kansas City, Missouri, on 30, West Building Ground Floor, Room www.regulations.gov, including any
October 7, 2016. W12–140, 1200 New Jersey Avenue SE., personal information you provide. We
Pat Mullen, Washington, DC 20590. will also post a report summarizing each
Acting Manager, Small Airplane Directorate, • Hand Delivery: U.S. Department of substantive verbal contact we receive
Aircraft Certification Service. Transportation, Docket Operations, M– about this proposed AD.
[FR Doc. 2016–24857 Filed 10–20–16; 8:45 am] 30, West Building Ground Floor, Room
Discussion
BILLING CODE 4910–13–C W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 We issued a notice of proposed
p.m., Monday through Friday, except rulemaking (NPRM) to amend 14 CFR
DEPARTMENT OF TRANSPORTATION Federal holidays. part 39 by adding an AD that would
For service information identified in apply to all Airbus Model A318, A319,
Federal Aviation Administration this SNPRM, contact Airbus, A320, and A321 series airplanes. The
Airworthiness Office—EIAS, 1 Rond NPRM published in the Federal
14 CFR Part 39 Point Maurice Bellonte, 31707 Blagnac Register on December 23, 2015 (80 FR
[Docket No. FAA–2015–7526; Directorate Cedex, France; telephone +33 5 61 93 36 79742) (‘‘the NPRM’’). The NPRM was
Identifier 2014–NM–217–AD] 96; fax +33 5 61 93 44 51; email prompted by the discovery of corroded
RIN 2120–AA64 account.airworth-eas@airbus.com; circlips in FVPs having a certain part
Internet http://www.airbus.com. You number. The NPRM proposed to require
Airworthiness Directives; Airbus may view this referenced service an inspection to determine the part
Airplanes information at the FAA, Transport number and serial number of the FVP,
Airplane Directorate, 1601 Lind Avenue and replacement if necessary.
AGENCY: Federal Aviation SW., Renton, WA. For information on
Administration (FAA), DOT. Actions Since the NPRM Was Issued
the availability of this material at the
ACTION: Supplemental notice of FAA, call 425–227–1221. Since we issued the NPRM, Airbus
proposed rulemaking (SNPRM); has issued revised service information
reopening of comment period. Examining the AD Docket to include an additional action to apply
You may examine the AD docket on sealant on nuts and bolts of the NACA
SUMMARY: We are revising an earlier
proposed airworthiness directive (AD) the Internet at http:// duct assembly. Airplanes on which the
for all Airbus Model A318, A319, A320, www.regulations.gov by searching for installation in the original service
and A321 series airplanes. This action and locating Docket No. FAA–2015– information was done would be
revises the notice of proposed 7526; or in person at the Docket required to do this additional action. In
rulemaking (NPRM) by requiring an Management Facility between 9 a.m. addition, we determined that a grace
additional action for sealant application and 5 p.m., Monday through Friday, period is needed so operators have
on some nuts and bolts on the National except Federal holidays. The AD docket sufficient time to comply with the
Advisory Committee for Aeronautics contains this proposed AD, the requirements in this proposed AD.
(NACA) duct assembly and adding a regulatory evaluation, any comments In addition, the European Aviation
grace period to the compliance time. We received, and other information. The Safety Agency (EASA) superseded
are proposing this SNPRM to detect and street address for the Docket Office EASA Airworthiness Directive 2014–
correct corroded circlips. Such (telephone: 800–647–5527) is in the 0234R1, dated December 11, 2014
ADDRESSES section. Comments will be (which was referred to in the NPRM),
corrosion could lead to failure of the
circlips and consequent movement of available in the AD docket shortly after and issued EASA Airworthiness
the FVP and result in a reduction of the receipt. Directive 2016–0114, dated June 15,
flame protector capability of the FVP FOR FURTHER INFORMATION CONTACT: 2016; corrected June 23, 2016; which
cartridge. Such a condition could result Sanjay Ralhan, Aerospace Engineer, retains the requirements of EASA AD
in damage to the airplane in case of International Branch, ANM–116, 2014–0234R1 and includes an
lightning impact or fire on the ground. Transport Airplane Directorate, FAA, additional action.
Since the additional actions impose an 1601 Lind Avenue SW., Renton, WA The EASA, which is the Technical
additional burden over those proposed 98057–3356; telephone 425–227–1405; Agent for the Member States of the
in the NPRM, we are reopening the fax 425–227–1149. European Union, has issued
comment period to allow the public the SUPPLEMENTARY INFORMATION: Airworthiness Directive 2016–0114,
chance to comment on these proposed dated June 15, 2016; corrected June 23,
Comments Invited 2016 (referred to after this as the
changes.
DATES: The comment period for the We invite you to send any written Mandatory Continuing Airworthiness
NPRM published in the Federal relevant data, views, or arguments about Information, or ‘‘the MCAI’’), to correct
Register on December 23, 2015 (80 FR this proposed AD. Send your comments an unsafe condition for all Airbus
79742), is reopened. to an address listed under the Model A318, A319, A320, and A321
We must receive comments on this ADDRESSES section. Include ‘‘Docket No. series airplanes. The MCAI states:
SNPRM by December 5, 2016. FAA–2015–7526; Directorate Identifier On each aeroplane wing, a NACA duct
ADDRESSES: You may send comments, 2014–NM–217–AD’’ at the beginning of assembly is installed, including a Fuel Vent
your comments. We specifically invite Protector (FVP) which is used as flame
mstockstill on DSK3G9T082PROD with PROPOSALS
using the procedures found in 14 CFR
comments on the overall regulatory, arrestor. This FVP is maintained in its NACA
11.43 and 11.45, by any of the following
economic, environmental, and energy duct assembly by a circlip (also known as C-
methods: clip). Following a wing water pressure test,
• Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
the FVP is removed and dried with heat.
http://www.regulations.gov. Follow the consider all comments received by the During an inspection after this test, several
instructions for submitting comments. closing date and may amend this circlips were reported to be discoloured.
• Fax: 202–493–2251. proposed AD based on those comments. Investigation revealed that a batch of circlips
• Mail: U.S. Department of We will post all comments we fitted on some FVP Part Number (P/N)
Transportation, Docket Operations, M– receive, without change, to http:// 786073–1–0 have an increased risk of
VerDate Sep<11>2014 17:22 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM 21OCP1](https://thefederalregister.org/doc/81_FR_72952/page/1.svg)
![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules 72749
corrosion due to a manufacturing quality 23, 2015, which was referred to as the We agree with the commenter’s
issue. appropriate source of service request. Based on the reason provided
This condition, if not detected and information for accomplishing the by the commenter, and the new
corrected, could lead to circlip failure and
required actions proposed in the NPRM. additional action included in this
consequent FVP movement, reducing the
flame protector capability of the FVP
We agree with the commenter’s SNPRM, we have revised the ‘‘Costs of
cartridge, possibly resulting in damage to the request to refer to the revised service Compliance’’ section to increase the
aeroplane in case of lightning impact or fire information in this SNPRM. We have work-hours from 5 to 19.
on ground. revised paragraphs (g) and (i) of this
Airbus issued Service Bulletin (SB) A320– proposed AD to refer to the revised FAA’s Determination and Requirements
28–1221, providing instructions for service information, Airbus Service of This SNPRM
identification by serial number (s/n) and Bulletin A320–28–1221, Revision 02, This product has been approved by
removal from service of the affected FVP dated January 11, 2016. the aviation authority of another
P/N 786073–1–0, and EASA issued AD 2014–
0234, later revised, to require those actions
country, and is approved for operation
Request To Extend the Compliance
and to implement installation requirements in the United States. Pursuant to our
Time
for the FVP. bilateral agreement with the State of
After that [EASA] AD was issued, one step American Airlines (AAL) requested Design Authority, we have been notified
in the FVP re-installation instructions was that the compliance time in paragraph of the unsafe condition described in the
identified as missing. Consequently, Airbus (h) of the proposed AD be changed from MCAI and service information
revised SB A320–28–1221 to provide ‘‘at the earliest of the times’’ to ‘‘at the referenced above. We are proposing this
instructions for sealant installation on some latest of the times,’’ or be simplified to AD because we evaluated all pertinent
nuts and bolts on the NACA duct assembly. ‘‘within 6 months after the effective
For the reasons described above, this information and determined an unsafe
date.’’ AAL stated that its 4 affected condition exists and is likely to exist or
[EASA] AD retains the requirements of EASA
AD 2014–0234R1, which is superseded, and airplanes would be out of compliance develop on other products of these same
requires additional work for aeroplanes when the NPRM became a final rule type designs.
already modified in accordance with Airbus because the airplanes have already Certain changes described above
SB A320–28–1221 original issue or Revision accumulated approximately 9,000 flight expand the scope of the NPRM. As a
01. hours and 4,000 flight cycles, and have result, we have determined that it is
You may examine the MCAI in the been in service for 34 months. necessary to reopen the comment period
AD docket on the Internet at http:// We partially agree with the to provide additional opportunity for
www.regulations.gov by searching for commenter’s request. We revised the public to comment on this SNPRM.
and locating Docket No. FAA–2015– paragraph (h) of this proposed AD to
include a grace period of 30 days from Costs of Compliance
7526.
the effective date of the AD to We estimate that this SNPRM affects
Related Service Information Under 1 accomplish the required actions. In 7 airplanes of U.S. registry.
CFR Part 51 regard to the compliance times in We also estimate that it would take
Airbus has issued Service Bulletin paragraphs (h)(1), (h)(2), and (h)(3) of about 19 work-hours per product to
A320–28–1221, Revision 02, dated this AD, we do not agree to change ‘‘at comply with the new basic
January 11, 2016. The service the earliest of the times’’ to ‘‘at the latest requirements of this SNPRM. The
information describes procedures for of the times,’’ or to simplify the average labor rate is $85 per work-hour.
inspecting the FVP to determine the part compliance time to ‘‘within 6 months Required parts would cost about
number and serial number, replacing after the effective date of this AD.’’ In $25,640 per product. Based on these
any affected FVP, and applying sealant developing an appropriate compliance figures, we estimate the cost of this
to the nuts and bolts of the FVP. This time, we considered the safety SNPRM on U.S. operators to be
service information is reasonably implications and the time necessary to $190,785, or $27,255 per product.
available because the interested parties do the inspection to determine the part
number and serial number of the FVP, Authority for This Rulemaking
have access to it through their normal
course of business or by the means and any necessary replacements. In light Title 49 of the United States Code
identified in the ADDRESSES section. of these items, we have determined that specifies the FAA’s authority to issue
the compliance times specified in rules on aviation safety. Subtitle I,
Comments paragraphs (h)(1), (h)(2), and (h)(3) of section 106, describes the authority of
We gave the public the opportunity to this proposed AD are appropriate. the FAA Administrator. ‘‘Subtitle VII:
participate in developing this proposed However, under the provisions of Aviation Programs,’’ describes in more
AD. We considered the comments paragraph (k)(1) of this proposed AD, detail the scope of the Agency’s
received. we will consider requests for approval authority.
of an extension of the compliance time We are issuing this rulemaking under
Request To Refer to Revised Service the authority described in ‘‘Subtitle VII,
if sufficient data are submitted to
Information Part A, Subpart III, Section 44701:
substantiate that the extension would
Airbus requested that the service provide an acceptable level of safety. General requirements.’’ Under that
information referred to in the NPRM be We have not changed this AD regarding section, Congress charges the FAA with
revised. Since the NPRM was published, this issue. promoting safe flight of civil aircraft in
Airbus issued Service Bulletin A320– air commerce by prescribing regulations
mstockstill on DSK3G9T082PROD with PROPOSALS
28–1221, Revision 02, dated January 11, Request To Revise Costs of Compliance for practices, methods, and procedures
2016, which includes an additional AAL requested that the ‘‘Costs of the Administrator finds necessary for
action (i.e., the application of sealant to Compliance’’ section of the NPRM be safety in air commerce. This regulation
the nuts and bolts of a FVP after revised to increase the number of work- is within the scope of that authority
installation). The additional action was hours from 5 to 12. AAL stated that because it addresses an unsafe condition
not included in the Accomplishment there are multiple positions on each that is likely to exist or develop on
Instructions of Airbus Service Bulletin airplane that need to be inspected and products identified in this rulemaking
A320–28–1221, Revision 01, dated June may need corrective actions. action.
VerDate Sep<11>2014 17:22 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM 21OCP1](https://thefederalregister.org/doc/81_FR_72952/page/2.svg)
![72750 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules
Regulatory Findings Airbus: Docket No. FAA–2015–7526; N) 786073–1–0 with a serial number that is
Directorate Identifier 2014–NM–217–AD. specified in figure 2 to paragraphs (g) and (i)
We determined that this proposed AD
(a) Comments Due Date of this AD, and the FVP is not marked ‘‘Amdt
would not have federalism implications
B,’’ replace the FVP with a serviceable part,
under Executive Order 13132. This We must receive comments by December 5,
at the time specified in paragraph (h) of this
proposed AD would not have a 2016.
AD, in accordance with the Accomplishment
substantial direct effect on the States, on (b) Affected ADs Instructions of Airbus Service Bulletin A320–
the relationship between the national
None. 28–1221, Revision 02, dated January 11,
Government and the States, or on the
2016. A review of airplane maintenance
distribution of power and (c) Applicability
records is acceptable in lieu of this
responsibilities among the various This AD applies to the airplanes specified inspection if the part number and serial
levels of government. in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) number of the FVP can be conclusively
For the reasons discussed above, I of this AD, certificated in any category, all
determined from that review.
certify this proposed regulation: manufacturer serial numbers.
1. Is not a ‘‘significant regulatory (1) Airbus Model A318–111, –112, –121,
action’’ under Executive Order 12866; and –122 airplanes. FIGURE 1 TO PARAGRAPHS (g) AND (i)
2. Is not a ‘‘significant rule’’ under the (2) Airbus Model A319–111, –112, –113, OF THIS AD—AFFECTED AIRPLANE
DOT Regulatory Policies and Procedures –114, –115, –131, –132, and –133 airplanes. MANUFACTURER SERIAL NUMBERS
(3) Airbus Model A320–211, –212, –214,
(44 FR 11034, February 26, 1979);
–231, –232, and –233 airplanes.
3. Will not affect intrastate aviation in (4) Airbus Model A321–111, –112, –131,
5438
Alaska; and –211, –212, –213, –231, and –232 airplanes.
5441
4. Will not have a significant 5444
economic impact, positive or negative, (d) Subject 5445
on a substantial number of small entities Air Transport Association (ATA) of 5447
America Code 28, Fuel. 5457
under the criteria of the Regulatory 5459
Flexibility Act. (e) Reason 5460
List of Subjects in 14 CFR Part 39 This AD was prompted by the discovery of 5461
corroded circlips in fuel vent protectors 5463
Air transportation, Aircraft, Aviation 5464
(FVP) having a certain part number. We are
safety, Incorporation by reference, issuing this AD to detect and correct 5469
Safety. corroded circlips. Such corrosion could lead 5473 through 5478 inclusive
to failure of the circlips and consequent 5481
The Proposed Amendment 5482
movement of the FVP and result in a
Accordingly, under the authority 5483
reduction of the flame protector capability of
delegated to me by the Administrator, 5485 through 5488 inclusive
the FVP cartridge, which could result in
5490 through 5493 inclusive
the FAA proposes to amend 14 CFR part damage to the airplane in case of lightning
5495 through 5505 inclusive
39 as follows: impact or fire on the ground. 5507 through 5515 inclusive
(f) Compliance 5517
PART 39—AIRWORTHINESS 5518
DIRECTIVES Comply with this AD within the
5520 through 5527 inclusive
compliance times specified, unless already
5530
■ 1. The authority citation for part 39 done. 5536
continues to read as follows: (g) Inspection of FVP and Corrective Action 5539
Authority: 49 U.S.C. 106(g), 40113, 44701. 5541
For airplanes having a manufacturer serial
5544
number specified in figure 1 to paragraphs (g)
§ 39.13 [Amended] 5547
and (i) of this AD: At the time specified in 5551
■ 2. The FAA amends § 39.13 by adding paragraph (h) of this AD, do an inspection to 5553
the following new airworthiness determine the part number and serial number 5556
directive (AD): of the FVP. If the FVP has part number (P/
FIGURE 2 TO PARAGRAPHS (g) AND (i) OF THIS AD—AFFECTED SERIAL NUMBERS FOR PART NUMBER 786073–1–0
[Manufactured during August 2012]
Serial number 786073IN0xxxx (xxxx indicates the last four digits)
3752 3821 3868 3911 3966 4010
3753 3826 3871 3914 3967 4011
3754 3827 3874 3922 3969 4013
3755 3829 3877 3925 3971 4017
3756 3830 3878 3927 3972 4019
3757 3833 3882 3930 3977 4023
3758 3834 3893 3937 3978 4024
3759 3836 3897 3938 3980 4025
3760 3839 3898 3940 3981 4026
mstockstill on DSK3G9T082PROD with PROPOSALS
3761 3840 3899 3945 3982 4039
3787 3848 3900 3946 3983 4048
3788 3849 3901 3947 3984 4065
3810 3850 3904 3948 3985 4066
3812 3851 3905 3951 3986 4068
3814 3853 3906 3961 3987 4070
3817 3859 3907 3962 3996 4184
3819 3860 3908 3964 3997 4187
3820 3867 3910 3965 4009 None
VerDate Sep<11>2014 17:22 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM 21OCP1](https://thefederalregister.org/doc/81_FR_72952/page/3.svg)
![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules 72751
(h) Compliance Times for the Requirements (2) Contacting the Manufacturer: For any ACTION: Notice of proposed rulemaking
of Paragraph (g) of This AD requirement in this AD to obtain corrective by cross-reference to temporary
Do the actions required by paragraph (g) of actions from a manufacturer, the action must regulation.
this AD at the earliest of the times specified be accomplished using a method approved
in paragraphs (h)(1), (h)(2), and (h)(3) of this by the Manager, International Branch, ANM–
AD, or within 30 days after the effective date 116, Transport Airplane Directorate, FAA; or SUMMARY: The Department of the
of this AD, whichever occurs later. the European Aviation Safety Agency Treasury (Treasury Department) and the
(1) Before the accumulation of 5,000 total (EASA); or Airbus’s EASA Design IRS are issuing temporary regulations
flight cycles after the date of manufacture of Organization Approval (DOA). If approved by that affect corporations and partnerships
the airplane. the DOA, the approval must include the that issue purported indebtedness to
(2) Before the accumulation of 7,500 total DOA-authorized signature.
(3) Required for Compliance (RC): If any related corporations or partnerships in
flight hours after the date of manufacture of
the airplane. service information contains procedures or the Rules and Regulations section of this
(3) Within 30 months after the date of tests that are identified as RC, those issue of the Federal Register. The
manufacture of the airplane. procedures and tests must be done to comply temporary regulations provide rules
with this AD; any procedures or tests that are addressing the treatment of instruments
(i) Exclusion From Actions Required by not identified as RC are recommended. Those
Paragraph (g) of This AD issued by partnerships, consolidated
procedures and tests that are not identified groups, and certain transactions
An airplane that does not have a as RC may be deviated from using accepted
manufacturer serial number specified in methods in accordance with the operator’s involving qualified cash-management
figure 1 to paragraphs (g) and (i) of this AD maintenance or inspection program without arrangements. The text of the temporary
is excluded from the requirements of obtaining approval of an AMOC, provided regulations also serves as the text of
paragraph (g) of this AD, provided that, a the procedures and tests identified as RC can these proposed regulations.
FVP having P/N 786073–1–0 with a serial be done and the airplane can be put back in
number specified in figure 2 to paragraphs (g) an airworthy condition. Any substitutions or DATES: Written or electronic comments
and (i) of this AD has not been installed on changes to procedures or tests identified as and requests for a public hearing must
that airplane after July 2012. If a FVP having RC require approval of an AMOC. be received by January 19, 2017.
P/N 786073–1–0 with a serial number
specified in figure 2 to paragraphs (g) and (i) (l) Related Information ADDRESSES: Send submissions to:
of this AD is installed, or the serial number (1) Refer to Mandatory Continuing CC:PA:LPD:PR (REG–130314–16), Room
cannot be identified: Within 12 months after Airworthiness Information (MCAI) EASA 5203, Internal Revenue Service, P.O.
the effective date of this AD, replace the FVP Airworthiness Directive 2016–0114, dated Box 7604, Ben Franklin Station,
with a serviceable part, in accordance with June 15, 2016; corrected June 23, 2016; for Washington, DC 20224. Submissions
the Accomplishment Instructions of Airbus related information. This MCAI may be
found in the AD docket on the Internet at
may be hand-delivered Monday through
Service Bulletin A320–28–1221, Revision 02,
dated January 11, 2016. A review of airplane http://www.regulations.gov by searching for Friday between the hours of 8 a.m. and
maintenance records is acceptable if it can be and locating Docket No. FAA–2015–7526. 4 p.m. to CC:PA:LPD:PR (REG–130314–
conclusively determined from that review (2) For service information identified in 16), Courier’s Desk, Internal Revenue
that a FVP having a serial number specified this AD, contact Airbus, Airworthiness Service, 1111 Constitution Avenue NW.,
in figure 2 to paragraphs (g) and (i) of this Office—EIAS, 1 Rond Point Maurice Washington, DC 20224, or sent
AD has not been installed on that airplane Bellonte, 31707 Blagnac Cedex, France; electronically via the Federal
after July 2012. telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
eRulemaking Portal at
(j) Parts Installation Limitation airbus.com; Internet http://www.airbus.com. http://www.regulations.gov (IRS REG–
As of the effective date of this AD, a FVP You may view this referenced service 130314–16).
having P/N 786073–1–0 and a serial number information at the FAA, Transport Airplane
FOR FURTHER INFORMATION CONTACT:
listed in figure 2 to paragraphs (g) and (i) of Directorate, 1601 Lind Avenue SW., Renton,
this AD may be installed on any airplane, WA. For information on the availability of Concerning the proposed regulations,
provided the FVP is marked with ‘‘Amdt B.’’ this material at the FAA, call 425–227–1221. Austin M. Diamond-Jones, (202) 317–
5363, or Joshua G. Rabon, (202) 317–
(k) Other FAA AD Provisions Issued in Renton, Washington, on
September 26, 2016. 6937; concerning submissions of
The following provisions also apply to this comments or requests for a public
AD: Dionne Palermo,
hearing, Regina Johnson, (202) 317–
(1) Alternative Methods of Compliance Acting Manager, Transport Airplane
(AMOCs): The Manager, International Directorate, Aircraft Certification Service. 5177 (not toll-free numbers).
Branch, ANM–116, Transport Airplane [FR Doc. 2016–23787 Filed 10–20–16; 8:45 am] SUPPLEMENTARY INFORMATION:
Directorate, FAA, has the authority to
BILLING CODE 4910–13–P
approve AMOCs for this AD, if requested Background
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your The temporary regulations in the
request to your principal inspector or local Rules and Regulations section of this
DEPARTMENT OF THE TREASURY
Flight Standards District Office, as issue of the Federal Register contain
appropriate. If sending information directly rules under sections 385 and 752 of the
Internal Revenue Service
to the International Branch, send it to ATTN:
Sanjay Ralhan, Aerospace Engineer, Internal Revenue Code (Code) that
International Branch, ANM–116, Transport 26 CFR Part 1 establish requirements that ordinarily
Airplane Directorate, FAA, 1601 Lind must be satisfied in order for certain
mstockstill on DSK3G9T082PROD with PROPOSALS
Avenue SW., Renton, WA 98057–3356; [REG–130314–16] related-party interests in a corporation
telephone 425–227–1405; fax 425–227–1149. to be treated as indebtedness for federal
Information may be emailed to: 9-ANM-116- RIN 1545–BN68 tax purposes. The text of the temporary
AMOC-REQUESTS@faa.gov. Before using regulations also serves as the text of the
any approved AMOC, notify your appropriate Treatment of Certain Interests in
principal inspector, or lacking a principal proposed regulations herein. The
Corporations as Stock or Indebtedness
inspector, the manager of the local flight preamble to the temporary regulations
standards district office/certificate holding AGENCY: Internal Revenue Service (IRS), explains the temporary regulations and
district office. Treasury. the corresponding proposed regulations.
VerDate Sep<11>2014 17:22 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM 21OCP1](https://thefederalregister.org/doc/81_FR_72952/page/4.svg)
Document Created: 2018-02-13 16:36:19
Document Modified: 2018-02-13 16:36:19
| 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 | Supplemental notice of proposed rulemaking (SNPRM); reopening of comment period. | |
| Dates | The comment period for the NPRM published in the Federal Register on December 23, 2015 (80 FR 79742), is reopened. | |
| 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 | 81 FR 72748 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR