82 FR 29016 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 122 (June 27, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 122 (June 27, 2017)
| Page Range | 29016-29019 | |
| FR Document | 2017-13365 |
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)] [Proposed Rules] [Pages 29016-29019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13365] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0625; Directorate Identifier 2016-NM-089-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) 2014-22- 08, for all Airbus Model A318 and A319 series airplanes; Model A320- 211, -212, -214, -231, -232, and -233 airplanes: and Model A321-111, - 112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2014-22-08 requires revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements. Since we issued AD 2014-22-08, we have determined that more restrictive maintenance instructions and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements. The proposed AD also removes airplanes from the applicability. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by August 11, 2017. 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 NPRM, 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-2017- 0625; 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-2017-0625; Directorate Identifier 2016-NM-089-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 On October 28, 2014, we issued AD 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014) (``AD 2014-22-08''), for all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, - 213, -231, and -232 airplanes. AD 2014-22-08 was prompted by a determination that more restrictive airworthiness limitations were necessary. AD 2014-22-08 requires revising the maintenance or inspection program as applicable. We issued AD 2014-22-08 to prevent a safety-significant latent failure (which is not annunciated), which, in combination with one or more other specific failures or events, would result in a hazardous or catastrophic failure condition. Since we issued AD 2014-22-08, we have determined that more restrictive maintenance instructions and airworthiness limitations are necessary. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0092, dated May 13, 2016 (referred to after this as the [[Page 29017]] Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The MCAI states: The airworthiness limitations for Airbus A320 family aeroplanes are currently defined and published in Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) documents. The airworthiness limitations applicable to the Certification Maintenance Requirements (CMR), which are approved by EASA, are published in ALS Part 3. The instructions contained in the ALS Part 3 have been identified as mandatory actions for continued airworthiness. Failure to comply with these instructions could result in an unsafe condition. Previously, EASA issued AD 2013-0148 [which corresponds to FAA AD 2014-22-08] to require accomplishment of all maintenance tasks as described in ALS Part 3 at Revision 01. The new ALS Part 3 Revision 03 (hereafter referred to as `the ALS' in this [EASA] AD) includes new and/or more restrictive requirements. For the reason described above, this [EASA] AD retains the requirements of EASA AD 2013-0148, which is superseded, and requires accomplishment of all maintenance tasks as described in the ALS. The unsafe condition is a safety-significant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. 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-2017-0625. Related Service Information Under 1 CFR Part 51 Airbus has issued Airbus A318/A319/A320/A321 ALS Part 3 CMR, Revision 03, dated December 21, 2015. The service information describes maintenance instructions and airworthiness limitations, including updated inspections and intervals to be incorporated into the maintenance or inspection program. 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. 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 these same type designs. This proposed AD would require revising the maintenance or inspection program to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (k)(1) of this proposed AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Difference Between This Proposed AD and the MCAI The MCAI specifies that if there are findings from the ALS inspection tasks, then corrective action must be accomplished in accordance with Airbus maintenance documentation. However, this proposed AD does not include that requirement. Operators of U.S.- registered airplanes are required by general airworthiness and operational regulations to perform maintenance using methods that are acceptable to the FAA. We consider those methods to be adequate to address any corrective actions necessitated by the findings of ALS inspections required by this proposed AD. Airworthiness Limitations Based on Type Design The FAA recently became aware of an issue related to the applicability of ADs that require incorporation of an ALS revision into an operator's maintenance or inspection program. Typically, when these types of ADs are issued by civil aviation authorities of other countries, they apply to all airplanes covered under an identified type certificate (TC). The corresponding FAA AD typically retains applicability to all of those airplanes. In addition, U.S. operators must operate their airplanes in an airworthy condition, in accordance with 14 CFR 91.7(a). Included in this obligation is the requirement to perform any maintenance or inspections specified in the ALS, and in accordance with the ALS as specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been approved by the FAA. When a TC is issued for a type design, the specific ALS, including revisions, is a part of that type design, as specified in 14 CFR 21.31(c). The sum effect of these operational and maintenance requirements is an obligation to comply with the ALS defined in the type design referenced in the manufacturer's conformity statement. This obligation may introduce a conflict with an AD that requires a specific ALS revision if new airplanes are delivered with a later revision as part of their type design. To address this conflict, the FAA has approved AMOCs that allow operators to incorporate the most recent ALS revision into their maintenance/inspection programs, in lieu of the ALS revision required by the AD. This eliminates the conflict and enables the operator to comply with both the AD and the type design. However, compliance with AMOCs is normally optional, and we recently became aware that some operators choose to retain the AD- mandated ALS revision in their fleet-wide maintenance/inspection programs, including those for new airplanes delivered with later ALS revisions, to help standardize the maintenance of the fleet. To ensure that operators comply with the applicable ALS revision for newly delivered airplanes containing a later revision than that specified in an AD, we plan to limit the applicability of ADs that mandate ALS revisions to those airplanes that are subject to an earlier revision of the ALS, either as part of the type design or as mandated by an earlier AD. This proposed AD, therefore, would apply to the airplanes identified in paragraph (c) of this AD with an original certificate of airworthiness or original export certificate of airworthiness that was issued on or before the date of approval of the ALS revision identified in this proposed AD. Operators of airplanes with an original certificate of airworthiness or original export certificate of airworthiness issued after that date must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet. Costs of Compliance We estimate that this proposed AD affects 1,032 airplanes of U.S. registry. The actions required by AD 2014-22-08, and retained in this proposed AD [[Page 29018]] take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2014-22-08 is $85 per product. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $87,720, or $85 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 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) 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014), and adding the following new AD: Airbus: Docket No. FAA-2017-0625; Directorate Identifier 2016-NM- 089-AD. (a) Comments Due Date We must receive comments by August 11, 2017. (b) Affected ADs This AD replaces AD 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014) (``AD 2014-22-08''). (c) Applicability This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before December 21, 2015. (1) Model A318-111, -112, -121, and -122 airplanes. (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes. (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes. (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/ Maintenance Checks. (e) Reason This AD was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to prevent a safety-significant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance or Inspection Program Revision, With New Terminating Action This paragraph restates the requirements of paragraph (g) of AD 2014-22-08, with new terminating action. Within 30 days after December 17, 2014 (the effective date of AD 2014-22-08), revise the maintenance or inspection program, as applicable, by incorporating Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 1, dated June 15, 2012. The initial compliance time for accomplishing the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 1, dated June 15, 2012, is at the applicable time specified in the Record of Revisions of Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 1, dated June 15, 2012; or within 30 days after December 17, 2014, whichever occurs later. Accomplishing the actions specified in paragraph (i) of this AD terminates the requirements of this paragraph. (h) Retained Provision Regarding Alternative Actions and Intervals, With a New Exception This paragraph restates the requirements of paragraph (h) of AD 2014-22-08, with a new exception. Except as required by paragraph (i) of this AD, after accomplishing the revisions required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k)(1) of this AD. (i) New Maintenance or Inspection Program Revision Within 30 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, to incorporate Airbus A318/A319/A320/A321 ALS Part 3 CMR, Revision 03, dated December 21, 2015 (``ALS Part 3 CMR, R3''). The initial compliance time for accomplishing the tasks specified in ALS Part 3 CMR, R3, is at the applicable time specified in ALS Part 3 CMR, R3, or within 30 days after the effective date of this AD, whichever occurs later. Accomplishing the actions specified in this paragraph terminates the requirements of paragraph (g) of this AD. (j) New Provision Regarding No Alternative Actions or Intervals After the action required by paragraph (i) of this AD has been done, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD. (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 [[Page 29019]] 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 manager of the International Branch, send it to the attention of the person identified in paragraph (l)(2) of this AD. 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. (ii) AMOCs approved previously for AD 2014-22-08 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. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0092, dated May 13, 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-2017-0625. (2) For more information about this AD, 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. (3) 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 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 June 20, 2017. John P. Piccola, Jr., Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-13365 Filed 6-26-17; 8:45 am] BILLING CODE 4910-13-P
![29016 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Proposed Rules
the manager of the local flight standards –214, –231, –232, and –233 airplanes: street address for the Docket Operations
district office/certificate holding district and Model A321–111, –112, –131, –211, office (telephone 800–647–5527) is in
office. –212, –213, –231, and –232 airplanes. the ADDRESSES section. Comments will
(2) Contacting the Manufacturer: For any AD 2014–22–08 requires revising the be available in the AD docket shortly
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
maintenance or inspection program to after receipt.
be accomplished using a method approved incorporate new or revised FOR FURTHER INFORMATION CONTACT:
by the Manager, New York ACO, ANE–170, airworthiness limitation requirements. Sanjay Ralhan, Aerospace Engineer,
FAA; or Transport Canada Civil Aviation Since we issued AD 2014–22–08, we International Branch, ANM–116,
(TCCA); or Bombardier, Inc.,’s TCCA Design have determined that more restrictive Transport Airplane Directorate, FAA,
Approval Organization (DAO). If approved by maintenance instructions and 1601 Lind Avenue SW., Renton, WA
the DAO, the approval must include the airworthiness limitations are necessary. 98057–3356; telephone 425–227–1405;
DAO-authorized signature. This proposed AD would require fax 425–227–1149.
(k) Related Information revising the maintenance or inspection SUPPLEMENTARY INFORMATION:
(1) Refer to Mandatory Continuing program to incorporate new or revised
Airworthiness Information (MCAI) Canadian airworthiness limitation requirements. Comments Invited
Airworthiness Directive CF–2016–38, dated The proposed AD also removes We invite you to send any written
December 12, 2016, for related information. airplanes from the applicability. We are relevant data, views, or arguments about
This MCAI may be found in the AD docket proposing this AD to address the unsafe this proposed AD. Send your comments
on the Internet at http://www.regulations.gov condition on these products.
by searching for and locating Docket No. to an address listed under the
DATES: We must receive comments on ADDRESSES section. Include ‘‘Docket No.
FAA–2017–0626.
(2) For more information about this AD, this proposed AD by August 11, 2017. FAA–2017–0625; Directorate Identifier
contact Cesar Gomez, Aerospace Engineer, ADDRESSES: You may send comments, 2016–NM–089–AD’’ at the beginning of
Airframe and Mechanical Systems Branch, using the procedures found in 14 CFR your comments. We specifically invite
ANE–171, FAA, New York Aircraft 11.43 and 11.45, by any of the following comments on the overall regulatory,
Certification Office, 1600 Stewart Avenue, methods: economic, environmental, and energy
Suite 410, Westbury, NY 11590; telephone • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
516–228–7318; fax 516–794–5531. consider all comments received by the
http://www.regulations.gov. Follow the
(3) For service information identified in
this AD, contact Bombardier, Inc., Q-Series instructions for submitting comments. closing date and may amend this
Technical Help Desk, 123 Garratt Boulevard, • Fax: 202–493–2251. proposed AD based on those comments.
Toronto, Ontario M3K 1Y5, Canada; • Mail: U.S. Department of We will post all comments we
telephone 416–375–4000; fax 416–375–4539; Transportation, Docket Operations, M– receive, without change, to http://
email thd.qseries@aero.bombardier.com; 30, West Building Ground Floor, Room www.regulations.gov, including any
Internet http://www.bombardier.com. You W12–140, 1200 New Jersey Avenue SE., personal information you provide. We
may view this service information at the Washington, DC 20590. will also post a report summarizing each
FAA, Transport Airplane Directorate, 1601 • Hand Delivery: U.S. Department of substantive verbal contact we receive
Lind Avenue SW., Renton, WA. For about this proposed AD.
Transportation, Docket Operations, M–
information on the availability of this
material at the FAA, call 425–227–1221. 30, West Building Ground Floor, Room
Discussion
W12–140, 1200 New Jersey Avenue SE.,
Issued in Renton, Washington, on June 19, Washington, DC, between 9 a.m. and 5 On October 28, 2014, we issued AD
2017. 2014–22–08, Amendment 39–18013 (79
p.m., Monday through Friday, except
John P. Piccola, Jr., Federal holidays. FR 67042, November 12, 2014) (‘‘AD
Acting Manager, Transport Airplane For service information identified in 2014–22–08’’), for all Airbus Model
Directorate, Aircraft Certification Service. this NPRM, contact Airbus, A318 and A319 series airplanes; Model
[FR Doc. 2017–13364 Filed 6–26–17; 8:45 am] Airworthiness Office—EIAS, 1 Rond A320–211, –212, –214, –231, –232, and
BILLING CODE 4910–13–P Point Maurice Bellonte, 31707 Blagnac –233 airplanes; and Model A321–111,
Cedex, France; telephone +33 5 61 93 36 –112, –131, –211, –212, –213, –231, and
96; fax +33 5 61 93 44 51; email –232 airplanes. AD 2014–22–08 was
DEPARTMENT OF TRANSPORTATION account.airworth-eas@airbus.com; prompted by a determination that more
Internet http://www.airbus.com. You restrictive airworthiness limitations
Federal Aviation Administration were necessary. AD 2014–22–08
may view this referenced service
information at the FAA, Transport requires revising the maintenance or
14 CFR Part 39 inspection program as applicable. We
Airplane Directorate, 1601 Lind Avenue
[Docket No. FAA–2017–0625; Directorate SW., Renton, WA. For information on issued AD 2014–22–08 to prevent a
Identifier 2016–NM–089–AD] the availability of this material at the safety-significant latent failure (which is
FAA, call 425–227–1221. not annunciated), which, in
RIN 2120–AA64 combination with one or more other
Examining the AD Docket specific failures or events, would result
Airworthiness Directives; Airbus
You may examine the AD docket on in a hazardous or catastrophic failure
Airplanes
the Internet at http:// condition. Since we issued AD 2014–
www.regulations.gov by searching for 22–08, we have determined that more
pmangrum on DSK7TPTVN1PROD with PROPOSALS
AGENCY: Federal Aviation
Administration (FAA), DOT. and locating Docket No. FAA–2017– restrictive maintenance instructions and
ACTION: Notice of proposed rulemaking 0625; or in person at the Docket airworthiness limitations are necessary.
(NPRM). Management Facility between 9 a.m. The European Aviation Safety Agency
and 5 p.m., Monday through Friday, (EASA), which is the Technical Agent
SUMMARY: We propose to supersede except Federal holidays. The AD docket for the Member States of the European
Airworthiness Directive (AD) 2014–22– contains this proposed AD, the Union, has issued EASA Airworthiness
08, for all Airbus Model A318 and A319 regulatory evaluation, any comments Directive 2016–0092, dated May 13,
series airplanes; Model A320–211, –212, received, and other information. The 2016 (referred to after this as the
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![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Proposed Rules 29017
Mandatory Continuing Airworthiness bilateral agreement with the State of maintenance or inspections specified in
Information, or ‘‘the MCAI’’), to correct Design Authority, we have been notified the ALS, and in accordance with the
an unsafe condition for all Airbus of the unsafe condition described in the ALS as specified in 14 CFR 43.16 and
Model A318 and A319 series airplanes; MCAI and service information 91.403(c), unless an alternative has been
Model A320–211, –212, –214, –231, referenced above. We are proposing this approved by the FAA.
–232, and –233 airplanes; and Model AD because we evaluated all pertinent When a TC is issued for a type design,
A321–111, –112, –131, –211, –212, information and determined an unsafe the specific ALS, including revisions, is
–213, –231, and –232 airplanes. The condition exists and is likely to exist or a part of that type design, as specified
MCAI states: develop on other products of these same in 14 CFR 21.31(c).
type designs. The sum effect of these operational
The airworthiness limitations for Airbus
A320 family aeroplanes are currently defined This proposed AD would require and maintenance requirements is an
and published in Airbus A318/A319/A320/ revising the maintenance or inspection obligation to comply with the ALS
A321 Airworthiness Limitations Section program to include new actions (e.g., defined in the type design referenced in
(ALS) documents. The airworthiness inspections). Compliance with these the manufacturer’s conformity
limitations applicable to the Certification actions is required by 14 CFR 91.403(c). statement. This obligation may
Maintenance Requirements (CMR), which are For airplanes that have been previously introduce a conflict with an AD that
approved by EASA, are published in ALS modified, altered, or repaired in the requires a specific ALS revision if new
Part 3. airplanes are delivered with a later
The instructions contained in the ALS Part
areas addressed by this proposed AD,
3 have been identified as mandatory actions the operator may not be able to revision as part of their type design.
for continued airworthiness. Failure to accomplish the actions described in the To address this conflict, the FAA has
comply with these instructions could result revisions. In this situation, to comply approved AMOCs that allow operators
in an unsafe condition. with 14 CFR 91.403(c), the operator to incorporate the most recent ALS
Previously, EASA issued AD 2013–0148 must request approval for an alternative revision into their maintenance/
[which corresponds to FAA AD 2014–22–08] method of compliance (AMOC) inspection programs, in lieu of the ALS
to require accomplishment of all according to paragraph (k)(1) of this revision required by the AD. This
maintenance tasks as described in ALS Part eliminates the conflict and enables the
3 at Revision 01. The new ALS Part 3 proposed AD. The request should
Revision 03 (hereafter referred to as ‘the ALS’ include a description of changes to the operator to comply with both the AD
in this [EASA] AD) includes new and/or required inspections that will ensure the and the type design.
more restrictive requirements. continued operational safety of the However, compliance with AMOCs is
For the reason described above, this airplane. normally optional, and we recently
[EASA] AD retains the requirements of EASA became aware that some operators
AD 2013–0148, which is superseded, and Difference Between This Proposed AD choose to retain the AD-mandated ALS
requires accomplishment of all maintenance and the MCAI revision in their fleet-wide
tasks as described in the ALS. The MCAI specifies that if there are maintenance/inspection programs,
The unsafe condition is a safety- findings from the ALS inspection tasks, including those for new airplanes
significant latent failure (that is not then corrective action must be delivered with later ALS revisions, to
annunciated), which, in combination accomplished in accordance with help standardize the maintenance of the
with one or more other specific failures Airbus maintenance documentation. fleet. To ensure that operators comply
or events, could result in a hazardous or However, this proposed AD does not with the applicable ALS revision for
catastrophic failure condition. You may include that requirement. Operators of newly delivered airplanes containing a
examine the MCAI in the AD docket on U.S.-registered airplanes are required by later revision than that specified in an
the Internet at http:// general airworthiness and operational AD, we plan to limit the applicability of
www.regulations.gov by searching for regulations to perform maintenance ADs that mandate ALS revisions to
and locating Docket No. FAA–2017– using methods that are acceptable to the those airplanes that are subject to an
0625. FAA. We consider those methods to be earlier revision of the ALS, either as part
adequate to address any corrective of the type design or as mandated by an
Related Service Information Under 1
actions necessitated by the findings of earlier AD.
CFR Part 51 This proposed AD, therefore, would
ALS inspections required by this
Airbus has issued Airbus A318/A319/ proposed AD. apply to the airplanes identified in
A320/A321 ALS Part 3 CMR, Revision paragraph (c) of this AD with an original
03, dated December 21, 2015. The Airworthiness Limitations Based on certificate of airworthiness or original
service information describes Type Design export certificate of airworthiness that
maintenance instructions and The FAA recently became aware of an was issued on or before the date of
airworthiness limitations, including issue related to the applicability of ADs approval of the ALS revision identified
updated inspections and intervals to be that require incorporation of an ALS in this proposed AD. Operators of
incorporated into the maintenance or revision into an operator’s maintenance airplanes with an original certificate of
inspection program. This service or inspection program. airworthiness or original export
information is reasonably available Typically, when these types of ADs certificate of airworthiness issued after
because the interested parties have are issued by civil aviation authorities that date must comply with the
access to it through their normal course of other countries, they apply to all airworthiness limitations specified as
pmangrum on DSK7TPTVN1PROD with PROPOSALS
of business or by the means identified airplanes covered under an identified part of the approved type design and
in the ADDRESSES section. type certificate (TC). The corresponding referenced on the type certificate data
FAA AD typically retains applicability sheet.
FAA’s Determination and Requirements to all of those airplanes.
of This Proposed AD In addition, U.S. operators must Costs of Compliance
This product has been approved by operate their airplanes in an airworthy We estimate that this proposed AD
the aviation authority of another condition, in accordance with 14 CFR affects 1,032 airplanes of U.S. registry.
country, and is approved for operation 91.7(a). Included in this obligation is the The actions required by AD 2014–22–
in the United States. Pursuant to our requirement to perform any 08, and retained in this proposed AD
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![29018 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Proposed Rules
take about 1 work-hour per product, at List of Subjects in 14 CFR Part 39 (g) Retained Maintenance or Inspection
an average labor rate of $85 per work- Program Revision, With New Terminating
Air transportation, Aircraft, Aviation Action
hour. Based on these figures, the
safety, Incorporation by reference, This paragraph restates the requirements of
estimated cost of the actions that are Safety.
required by AD 2014–22–08 is $85 per paragraph (g) of AD 2014–22–08, with new
product. The Proposed Amendment terminating action. Within 30 days after
December 17, 2014 (the effective date of AD
We also estimate that it would take Accordingly, under the authority 2014–22–08), revise the maintenance or
about 1 work-hour per product to delegated to me by the Administrator, inspection program, as applicable, by
comply with the basic requirements of the FAA proposes to amend 14 CFR part incorporating Airbus A318/A319/A320/A321
this proposed AD. The average labor 39 as follows: Airworthiness Limitations Section (ALS) Part
3, Certification Maintenance Requirements
rate is $85 per work-hour. Based on
PART 39—AIRWORTHINESS (CMR), Revision 1, dated June 15, 2012. The
these figures, we estimate the cost of initial compliance time for accomplishing the
this proposed AD on U.S. operators to DIRECTIVES tasks specified in Airbus A318/A319/A320/
be $87,720, or $85 per product. A321 ALS Part 3, CMR, Revision 1, dated
■ 1. The authority citation for part 39 June 15, 2012, is at the applicable time
Authority for This Rulemaking continues to read as follows: specified in the Record of Revisions of
Authority: 49 U.S.C. 106(g), 40113, 44701. Airbus A318/A319/A320/A321 ALS Part 3,
Title 49 of the United States Code
CMR, Revision 1, dated June 15, 2012; or
specifies the FAA’s authority to issue § 39.13 [Amended] within 30 days after December 17, 2014,
rules on aviation safety. Subtitle I, whichever occurs later. Accomplishing the
■ 2. The FAA amends § 39.13 by
section 106, describes the authority of actions specified in paragraph (i) of this AD
removing Airworthiness Directive (AD)
the FAA Administrator. ‘‘Subtitle VII: terminates the requirements of this
2014–22–08, Amendment 39–18013 (79 paragraph.
Aviation Programs,’’ describes in more
FR 67042, November 12, 2014), and
detail the scope of the Agency’s (h) Retained Provision Regarding
adding the following new AD:
authority. Alternative Actions and Intervals, With a
Airbus: Docket No. FAA–2017–0625; New Exception
We are issuing this rulemaking under Directorate Identifier 2016–NM–089–AD.
the authority described in ‘‘Subtitle VII, This paragraph restates the requirements of
Part A, Subpart III, Section 44701: (a) Comments Due Date paragraph (h) of AD 2014–22–08, with a new
General requirements.’’ Under that We must receive comments by August 11, exception. Except as required by paragraph
section, Congress charges the FAA with 2017. (i) of this AD, after accomplishing the
revisions required by paragraph (g) of this
promoting safe flight of civil aircraft in (b) Affected ADs AD, no alternative actions (e.g., inspections)
air commerce by prescribing regulations This AD replaces AD 2014–22–08, or intervals may be used unless the actions
for practices, methods, and procedures Amendment 39–18013 (79 FR 67042, or intervals are approved as an alternative
the Administrator finds necessary for November 12, 2014) (‘‘AD 2014–22–08’’). method of compliance (AMOC) in
safety in air commerce. This regulation accordance with the procedures specified in
(c) Applicability paragraph (k)(1) of this AD.
is within the scope of that authority
because it addresses an unsafe condition This AD applies to the Airbus airplanes
(i) New Maintenance or Inspection Program
that is likely to exist or develop on identified in paragraphs (c)(1), (c)(2), (c)(3),
Revision
and (c)(4) of this AD, certificated in any
products identified in this rulemaking category, with an original certificate of Within 30 days after the effective date of
action. airworthiness or original export certificate of this AD: Revise the maintenance or
airworthiness issued on or before December inspection program, as applicable, to
Regulatory Findings
21, 2015. incorporate Airbus A318/A319/A320/A321
We determined that this proposed AD (1) Model A318–111, –112, –121, and –122 ALS Part 3 CMR, Revision 03, dated
airplanes. December 21, 2015 (‘‘ALS Part 3 CMR, R3’’).
would not have federalism implications The initial compliance time for
(2) Model A319–111, –112, –113, –114,
under Executive Order 13132. This –115, –131, –132, and –133 airplanes. accomplishing the tasks specified in ALS
proposed AD would not have a (3) Model A320–211, –212, –214, –231, Part 3 CMR, R3, is at the applicable time
substantial direct effect on the States, on –232, and –233 airplanes. specified in ALS Part 3 CMR, R3, or within
the relationship between the national (4) Model A321–111, –112, –131, –211, 30 days after the effective date of this AD,
Government and the States, or on the –212, –213, –231, and –232 airplanes. whichever occurs later. Accomplishing the
distribution of power and actions specified in this paragraph terminates
(d) Subject the requirements of paragraph (g) of this AD.
responsibilities among the various
levels of government. Air Transport Association (ATA) of
(j) New Provision Regarding No Alternative
America Code 05, Time Limits/Maintenance
For the reasons discussed above, I Actions or Intervals
Checks.
certify this proposed regulation: After the action required by paragraph (i)
(e) Reason of this AD has been done, no alternative
1. Is not a ‘‘significant regulatory This AD was prompted by a determination actions (e.g., inspections) or intervals may be
action’’ under Executive Order 12866; that more restrictive maintenance used unless the actions or intervals are
2. Is not a ‘‘significant rule’’ under the instructions and airworthiness limitations are approved as an AMOC in accordance with
DOT Regulatory Policies and Procedures necessary. We are issuing this AD to prevent the procedures specified in paragraph (k)(1)
pmangrum on DSK7TPTVN1PROD with PROPOSALS
(44 FR 11034, February 26, 1979); a safety-significant latent failure (that is not of this AD.
annunciated), which, in combination with
3. Will not affect intrastate aviation in (k) Other FAA AD Provisions
one or more other specific failures or events,
Alaska; and could result in a hazardous or catastrophic The following provisions also apply to this
failure condition. AD:
4. Will not have a significant (1) Alternative Methods of Compliance
economic impact, positive or negative, (f) Compliance (AMOCs): The Manager, International
on a substantial number of small entities Comply with this AD within the Branch, ANM–116, Transport Airplane
under the criteria of the Regulatory compliance times specified, unless already Directorate, FAA, has the authority to
Flexibility Act. done. approve AMOCs for this AD, if requested
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![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Proposed Rules 29019
using the procedures found in 14 CFR 39.19. DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2017–
In accordance with 14 CFR 39.19, send your 0623; or in person at the Docket
request to your principal inspector or local Federal Aviation Administration Management Facility between 9 a.m.
Flight Standards District Office, as and 5 p.m., Monday through Friday,
appropriate. If sending information directly 14 CFR Part 39 except Federal holidays. The AD docket
to the manager of the International Branch, contains this proposed AD, the
[Docket No. FAA–2017–0623; Directorate
send it to the attention of the person regulatory evaluation, any comments
Identifier 2017–NM–024–AD]
identified in paragraph (l)(2) of this AD. received, and other information. The
Information may be emailed to: 9-ANM-116- RIN 2120–AA64 street address for the Docket Operations
AMOC-REQUESTS@faa.gov. office (telephone 800–647–5527) is in
(i) Before using any approved AMOC, Airworthiness Directives; Airbus
the ADDRESSES section. Comments will
notify your appropriate principal inspector, Defense and Space S.A. (Formerly
be available in the AD docket shortly
or lacking a principal inspector, the manager Known as Construcciones
after receipt.
of the local flight standards district office/ Aeronauticas, S.A.) Airplanes
certificate holding district office. FOR FURTHER INFORMATION CONTACT:
AGENCY: Federal Aviation Shahram Daneshmandi, Aerospace
(ii) AMOCs approved previously for AD
Administration (FAA), DOT. Engineer, International Branch, ANM–
2014–22–08 are approved as AMOCs for the
corresponding provisions of paragraph (g) of ACTION: Notice of proposed rulemaking 116, Transport Airplane Directorate,
this AD. (NPRM). FAA, 1601 Lind Avenue SW., Renton,
(2) Contacting the Manufacturer: As of the WA 98057–3356; telephone: 425–227–
SUMMARY: We propose to adopt a new 1112; fax: 425–227–1149.
effective date of this AD, for any requirement
airworthiness directive (AD) for all
in this AD to obtain corrective actions from SUPPLEMENTARY INFORMATION:
Airbus Defense and Space S.A Model C–
a manufacturer, the action must be
212–CB, C–212–CC, C–212–CD, C–212– Comments Invited
accomplished using a method approved by
the Manager, International Branch, ANM–
CE, and C–212–DF airplanes. This
proposed AD was prompted by reports We invite you to send any written
116, Transport Airplane Directorate, FAA; or relevant data, views, or arguments about
the European Aviation Safety Agency
of failures of the rudder pedal control
system support. This proposed AD this proposed AD. Send your comments
(EASA); or Airbus’s EASA Design to an address listed under the
Organization Approval (DOA). If approved by would require modifying the rudder
ADDRESSES section. Include ‘‘Docket No.
the DOA, the approval must include the pedal adjustment system. We are
proposing this AD to address the unsafe FAA–2017–0623; Directorate Identifier
DOA-authorized signature. 2017–NM–024–AD’’ at the beginning of
condition on these products.
(l) Related Information your comments. We specifically invite
DATES: We must receive comments on
comments on the overall regulatory,
(1) Refer to Mandatory Continuing this proposed AD by August 11, 2017.
Airworthiness Information (MCAI) EASA
economic, environmental, and energy
ADDRESSES: You may send comments, aspects of this proposed AD. We will
Airworthiness Directive 2016–0092, dated using the procedures found in 14 CFR
May 13, 2016, for related information. This
consider all comments received by the
11.43 and 11.45, by any of the following closing date and may amend this
MCAI may be found in the AD docket on the methods:
Internet at http://www.regulations.gov by proposed AD based on those comments.
• Federal eRulemaking Portal: Go to We will post all comments we
searching for and locating Docket No. FAA–
http://www.regulations.gov. Follow the receive, without change, to http://
2017–0625.
instructions for submitting comments. www.regulations.gov, including any
(2) For more information about this AD,
• Fax: 202–493–2251. personal information you provide. We
contact Sanjay Ralhan, Aerospace Engineer,
• Mail: U.S. Department of will also post a report summarizing each
International Branch, ANM–116, Transport
Transportation, Docket Operations, M– substantive verbal contact we receive
Airplane Directorate, FAA, 1601 Lind
30, West Building Ground Floor, Room about this proposed AD.
Avenue SW., Renton, WA 98057–3356;
W12–140, 1200 New Jersey Avenue SE.,
telephone 425–227–1405; fax 425–227–1149. Discussion
Washington, DC 20590.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
• Hand Delivery: Deliver to Mail The European Aviation Safety Agency
Office—EIAS, 1 Rond Point Maurice
address above between 9 a.m. and 5 (EASA), which is the Technical Agent
Bellonte, 31707 Blagnac Cedex, France;
p.m., Monday through Friday, except for the Member States of the European
telephone +33 5 61 93 36 96; fax +33 5 61 Federal holidays. Union, has issued EASA Airworthiness
93 44 51; email account.airworth-eas@ For service information identified in Directive 2017–0036, dated February 21,
airbus.com; Internet http://www.airbus.com. this NPRM, Airbus Defense and Space 2017 (referred to after this as the
You may view this service information at the Services/Engineering Support, Avenida Mandatory Continuing Airworthiness
FAA, Transport Airplane Directorate, 1601 de Aragón 404, 28022 Madrid, Spain; Information, or ‘‘the MCAI’’), to correct
Lind Avenue SW., Renton, WA. For telephone +34 91 585 55 84; fax +34 91 an unsafe condition for all Airbus
information on the availability of this 585 31 27; email Defense and Space S.A Model C–212–
material at the FAA, call 425–227–1221. MTA.TechnicalService@airbus.com. CB, C–212–CC, C–212–CD, C–212–CE,
You may view this referenced service and C–212–DF airplanes. The MCAI
Issued in Renton, Washington, on June 20, information at the FAA, Transport
2017. states:
pmangrum on DSK7TPTVN1PROD with PROPOSALS
Airplane Directorate, 1601 Lind Avenue
John P. Piccola, Jr., SW., Renton, WA. For information on Failures were reported of the pedal control
system support of CASA C–212 aeroplanes.
Acting Manager, Transport Airplane the availability of this material at the
Subsequent investigation revealed that the
Directorate, Aircraft Certification Service. FAA, call 425–227–1221. welding area of the affected support structure
[FR Doc. 2017–13365 Filed 6–26–17; 8:45 am] had broken.
Examining the AD Docket
BILLING CODE 4910–13–P This condition, if not corrected, could lead
You may examine the AD docket on to failure of the rudder control system,
the Internet at http:// possibly resulting in reduced control of the
www.regulations.gov by searching for aeroplane.
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Document Created: 2018-11-14 10:14:56
Document Modified: 2018-11-14 10:14:56
| 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 August 11, 2017. | |
| 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 | 82 FR 29016 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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