82_FR_52238 82 FR 52022 - Airworthiness Directives; Airbus Airplanes

82 FR 52022 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range52022-52024
FR Document2017-22556

We are revising an earlier proposal for certain Airbus Model A318-112, A319-115, A320-214, A320-232, and A321-111 airplanes. This action revises the notice of proposed rulemaking (NPRM) by adding airplanes to the applicability and removing others that were inadvertently included due to typographical errors. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, we are reopening the comment period to allow the public the chance to comment on these changes.

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Proposed Rules]
[Pages 52022-52024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22556]



[[Page 52022]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9519; Product Identifier 2016-NM-099-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 proposal for certain Airbus Model 
A318-112, A319-115, A320-214, A320-232, and A321-111 airplanes. This 
action revises the notice of proposed rulemaking (NPRM) by adding 
airplanes to the applicability and removing others that were 
inadvertently included due to typographical errors. We are proposing 
this airworthiness directive (AD) to address the unsafe condition on 
these products. Since these actions would impose an additional burden 
over those in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on January 3, 2017 (82 FR 50), is reopened.
    We must receive comments on this SNPRM by December 26, 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 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 
Standards Branch, 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-2016-
9519; 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 SNPRM, 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 Section, Transport Standards Branch, 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-9519; 
Product Identifier 2016-NM-099-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this SNPRM. We will consider all 
comments received by the closing date and may amend this SNPRM 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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus Model A318-112, A319-115, A320-214, A320-
232, and A321-111 airplanes. The NPRM published in the Federal Register 
on January 3, 2017 (82 FR 50) (``the NPRM''). The NPRM was prompted by 
in-service experience and further analysis, which showed that the 
galley 5 without kick-load retainers was unable to withstand the 
expected loading during several flight phases or in case of an 
emergency landing. The NPRM proposed to require modification of galley 
5 by adding kick-load retainers.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we determined that we inadvertently 
specified that Model A318-112 airplanes were included in the 
applicability (in paragraph (c) of the proposed AD). In addition, we 
specified in SUMMARY and the ``Discussion'' section of SUPPLEMENTARY 
INFORMATION that ``certain Airbus Model A318'' series airplanes were 
affected. However, as specified in European Aviation Safety Agency 
(EASA) AD 2016-0040, dated March 2, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), Model 
A319-112 airplanes are affected, and Model A318 airplanes are not 
included in the applicability.
    In addition, in paragraph (c) of the proposed AD, we inadvertently 
included Model A321-111 airplanes in the applicability. However, Model 
A321-211 airplanes are affected as specified in the MCAI.
    Since we did not include the Model A319-112 or Model A321-211 
airplanes in the NPRM and there are affected airplanes on the U.S. 
register, we are issuing this SNPRM to include Model A319-112 and Model 
A321-211 airplanes in the applicability.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued the MCAI to correct an unsafe condition for 
certain Airbus Model A319-112, A319-115, A320-214, A320-232, and A321-
211 airplanes. The MCAI states:

    Following in-service experience and further analyses, it was 
ascertained that the galley 5 without kick load retainers on 
external position could not withstand the expected loading during 
several flight phases or in case of emergency landing.
    This condition, if not corrected, could lead to galley/trolley 
detachment and collapse into an adjacent cabin aisle or cabin zone, 
possibly spreading loose galley equipment items, compartment doors 
or leaking fluids, blocking an evacuation route, and consequently 
resulting in injury to crew or passengers.
    To address this potential unsafe condition, Airbus issued 6 
Service Bulletins (SB) to provide modification instructions for the 
affected aeroplanes.
    For the reasons described above, this [EASA] AD requires 
modification of galley 5 trolley compartments to install kick load 
retainers.

    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-2016-
9519.

[[Page 52023]]

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-25-1B29, dated June 19, 
2014; and Service Bulletin A320-25-1B30, dated June 19, 2014. This 
service information describes procedures for installing kick-load 
retainers on certain galley 5 trolley compartments. These documents are 
distinct since they apply to different airplane configurations. 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.

Support for the NPRM

    American Airlines had no objections to the NPRM.

Request To Reconcile a Difference Between the AD Applicability and the 
AD Required Action

    Spirit Airlines noted that manufacturer's serial number (MSN) 5672 
is not listed in paragraph (c) of the proposed AD (the applicability), 
but is listed in paragraph (g)(2) of the proposed AD as an airplane on 
which the kick-load retainers must be installed.
    We agree that there is a discrepancy between paragraphs (c) and 
(g)(2) of the proposed AD. We have determined that MSN 5672 is not 
affected by the identified unsafe condition. We have removed MSN 5672 
from paragraph (g)(2) of this proposed AD accordingly.

Request To Add Certain MSNs to the AD Required Action

    Spirit Airlines requested that certain MSNs that are shown in 
paragraph (c) of the proposed AD be added to paragraph (g) of the 
proposed AD and that we refer to Airbus Service Bulletin A320-25-1BBZ, 
dated October 2, 2015, as the appropriate source of service information 
for the applicable required actions.
    We disagree that Airbus Service Bulletin A320-25-1BBZ, dated 
October 2, 2015, should be added to paragraph (g) of this proposed AD. 
Airbus Service Bulletin A320-25-1BBZ, dated October 2, 2015, has not 
been reviewed and approved by the FAA for accomplishing the 
installation required by this proposed AD. The requirements for the 
MSNs identified by the commenter are included in paragraph (g)(3) of 
this proposed AD, which specifies that the installation must be done 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or EASA; or Airbus's EASA Design 
Organization Approval (DOA). We have not changed this proposed AD in 
this regard.

Request To Exclude Aircraft on Which the Required Actions Have Been 
Accomplished

    Spirit Airlines requested we exclude airplanes on which Airbus 
Service Bulletin A320-25-1BCN, dated December 22, 2015, has been 
accomplished. Spirit Airlines stated that accomplishing the service 
bulletin removes galley 5.
    We agree that the actions required by this proposed AD are not 
required on airplanes on which galley 5 has been removed. We have 
revised paragraph (g) of this AD accordingly.

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 19 airplanes of U.S. registry.
    We estimate the following costs to comply with this SNPRM:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification.......................  2 work-hours x $85 per hour              $0            $170          $3,230
                                      = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);

[[Page 52024]]

    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-2016-9519; Product Identifier 2016-NM-099-AD.

(a) Comments Due Date

    We must receive comments by December 26, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-112, A319-115, A320-214, 
A320-232, and A321-211 airplanes, certificated in any category, 
manufacturer's serial numbers 1479, 3096, 3693, 3713, 3739, 3791, 
3896, 3902, 3907, 3931, 3949, 3969, 4030, 4045, 4049, 4059, 4066, 
4077, 4083, 4124, 4146, 4158, 4188, 4198, 4206, 4209, 4218, 4235, 
4255, 4264, 4304, 4321, 4371, 4374, 4395, 4411, 4417, 4431, 4485, 
4492, 4502, 4528, 4541, 4548, 4592, 4595, 4638, 4651, 4669, 4703, 
4724, 4737, 4746, 4770, 4780, 4783, 4826, 4827, 4860, 4863, 4865, 
4902, 4934, 4945, 4951, 4952, 4971, 4996, 5023, 5029, 5042, 5088, 
5095, 5132, 5159, 5164, 5171, 5175, 5192, 5210, 5227, 5241, 5247, 
5251, 5275, 5277, 5297, 5306, 5340, 5343, 5348, 5356, 5366, 5370, 
5385, 5387, 5392, 5396, 5400, 5407, 5418, 5427, 5438, 5456, 5458, 
5469, 5495, 5517, 5555, 5624, 5674, 5678, 5698, 5699, 5704, 5709, 
5714, 5791, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5804, 
5810, 5821, 5827, 5842, 5874, 5882, 5889, 5903, 5907, 5916, 5924, 
5958, 5984, 5994, 6000, 6004, 6054, 6080, 6107, 6166, 6176, 6234, 
6266, 6293, 6335, 6344, 6365, 6430, and 6444.

(d) Subject

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

(e) Reason

    This AD was prompted by in-service experience and further 
analysis, which showed that the galley 5 without kick-load retainers 
was unable to withstand the expected loading during several flight 
phases or in case of emergency landing. We are issuing this AD to 
prevent galley/trolley detachment and collapse into an adjacent 
cabin aisle or cabin zone, possibly spreading loose galley equipment 
items, compartment doors, or leaking fluids. These hazards could 
block an evacuation route and result in injury to crew or 
passengers.

(f) Compliance

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

(g) Install Kick-Load Retainers

    Within 12 months after the effective date of this AD, install 
kick-load retainers on the galley 5 trolley compartments as 
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as 
applicable. For airplanes on which galley 5 is not installed, no 
action is required by this paragraph.
    (1) For Airbus Model A319-115 airplanes, manufacturer's serial 
numbers 5678, 5698, 5704, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 
5798, 5810, 5827, and 5842, do the installation in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-25-
1B29, dated June 19, 2014.
    (2) For Airbus Model A320-232 airplanes, manufacturer's serial 
numbers 5458, 5517, 5624, and 5804, do the installation in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-25-1B30, dated June 19, 2014.
    (3) For airplanes not identified in paragraph (g)(1) or (g)(2) 
of this AD, do the installation using a method approved by the 
Manager, International Section, Transport Standards Branch, FAA; or 
the European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (i)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0040, dated March 2, 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-2016-9519.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, 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 Standards Branch, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.

    Issued in Renton, Washington, on October 11, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-22556 Filed 11-8-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                  52022                Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules

                                                  DEPARTMENT OF TRANSPORTATION                            may view this referenced service                      in case of an emergency landing. The
                                                                                                          information at the FAA, Transport                     NPRM proposed to require modification
                                                  Federal Aviation Administration                         Standards Branch, 1601 Lind Avenue                    of galley 5 by adding kick-load retainers.
                                                                                                          SW., Renton, WA. For information on
                                                  14 CFR Part 39                                                                                                Actions Since the NPRM Was Issued
                                                                                                          the availability of this material at the
                                                                                                          FAA, call 425–227–1221.                                  Since we issued the NPRM, we
                                                  [Docket No. FAA–2016–9519; Product
                                                  Identifier 2016–NM–099–AD]
                                                                                                                                                                determined that we inadvertently
                                                                                           Examining the AD Docket                                              specified that Model A318–112
                                                  RIN 2120–AA64                               You may examine the AD docket on                                  airplanes were included in the
                                                                                           the Internet at http://                                              applicability (in paragraph (c) of the
                                                  Airworthiness Directives; Airbus         www.regulations.gov by searching for                                 proposed AD). In addition, we specified
                                                  Airplanes                                and locating Docket No. FAA–2016–                                    in SUMMARY and the ‘‘Discussion’’
                                                  AGENCY: Federal Aviation                 9519; or in person at the Docket                                     section of SUPPLEMENTARY INFORMATION
                                                  Administration (FAA), DOT.               Management Facility between 9 a.m.                                   that ‘‘certain Airbus Model A318’’ series
                                                                                           and 5 p.m., Monday through Friday,                                   airplanes were affected. However, as
                                                  ACTION: Supplemental notice of
                                                                                           except Federal holidays. The AD docket                               specified in European Aviation Safety
                                                  proposed rulemaking (SNPRM);             contains this SNPRM, the regulatory
                                                  reopening of comment period.                                                                                  Agency (EASA) AD 2016–0040, dated
                                                                                           evaluation, any comments received, and                               March 2, 2016 (referred to after this as
                                                  SUMMARY: We are revising an earlier      other information. The street address for                            the Mandatory Continuing
                                                  proposal for certain Airbus Model        the Docket Office (telephone: 800–647–                               Airworthiness Information, or ‘‘the
                                                  A318–112, A319–115, A320–214, A320– 5527) is in the ADDRESSES section.                                        MCAI’’), Model A319–112 airplanes are
                                                  232, and A321–111 airplanes. This        Comments will be available in the AD                                 affected, and Model A318 airplanes are
                                                  action revises the notice of proposed    docket shortly after receipt.                                        not included in the applicability.
                                                  rulemaking (NPRM) by adding airplanes    FOR  FURTHER INFORMATION CONTACT:                                       In addition, in paragraph (c) of the
                                                  to the applicability and removing others Sanjay Ralhan, Aerospace Engineer,                                   proposed AD, we inadvertently
                                                  that were inadvertently included due to International Section, Transport                                      included Model A321–111 airplanes in
                                                  typographical errors. We are proposing   Standards Branch, FAA, 1601 Lind                                     the applicability. However, Model
                                                  this airworthiness directive (AD) to     Avenue SW., Renton, WA 98057–3356;                                   A321–211 airplanes are affected as
                                                  address the unsafe condition on these    telephone 425–227–1405; fax 425–227–                                 specified in the MCAI.
                                                  products. Since these actions would      1149.                                                                   Since we did not include the Model
                                                  impose an additional burden over those SUPPLEMENTARY INFORMATION:                                             A319–112 or Model A321–211 airplanes
                                                  in the NPRM, we are reopening the                                                                             in the NPRM and there are affected
                                                                                           Comments Invited                                                     airplanes on the U.S. register, we are
                                                  comment period to allow the public the
                                                  chance to comment on these changes.        We invite you to send any written                                  issuing this SNPRM to include Model
                                                                                           relevant data, views, or arguments about                             A319–112 and Model A321–211
                                                  DATES: The comment period for the
                                                                                           this proposal. Send your comments to                                 airplanes in the applicability.
                                                  NPRM published in the Federal            an address listed under the ADDRESSES                                   EASA, which is the Technical Agent
                                                  Register on January 3, 2017 (82 FR 50),  section. Include ‘‘Docket No. FAA–                                   for the Member States of the European
                                                  is reopened.                             2016–9519; Product Identifier 2016–                                  Union, has issued the MCAI to correct
                                                     We must receive comments on this      NM–099–AD’’ at the beginning of your                                 an unsafe condition for certain Airbus
                                                  SNPRM by December 26, 2017.              comments. We specifically invite                                     Model A319–112, A319–115, A320–214,
                                                  ADDRESSES: You may send comments,        comments on the overall regulatory,                                  A320–232, and A321–211 airplanes.
                                                  using the procedures found in 14 CFR     economic, environmental, and energy                                  The MCAI states:
                                                  11.43 and 11.45, by any of the following aspects of this SNPRM. We will
                                                  methods:                                                                                                         Following in-service experience and
                                                                                           consider all comments received by the                                further analyses, it was ascertained that the
                                                     • Federal eRulemaking Portal: Go to   closing date and may amend this                                      galley 5 without kick load retainers on
                                                  http://www.regulations.gov. Follow the   SNPRM based on those comments.                                       external position could not withstand the
                                                  instructions for submitting comments.       We will post all comments we                                      expected loading during several flight phases
                                                     • Fax: 202–493–2251.                  receive, without change, to http://                                  or in case of emergency landing.
                                                     • Mail: U.S. Department of            www.regulations.gov, including any                                      This condition, if not corrected, could lead
                                                  Transportation, Docket Operations, M–    personal information you provide. We                                 to galley/trolley detachment and collapse
                                                  30, West Building Ground Floor, Room     will also post a report summarizing each                             into an adjacent cabin aisle or cabin zone,
                                                  W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive                                    possibly spreading loose galley equipment
                                                  Washington, DC 20590.                                                                                         items, compartment doors or leaking fluids,
                                                                                           about this SNPRM.
                                                     • Hand Delivery: U.S. Department of                                                                        blocking an evacuation route, and
                                                                                           Discussion                                                           consequently resulting in injury to crew or
                                                  Transportation, Docket Operations, M–
                                                                                                                                                                passengers.
                                                  30, West Building Ground Floor, Room        We issued an NPRM to amend 14 CFR                                    To address this potential unsafe condition,
                                                  W12–140, 1200 New Jersey Avenue SE., part 39 by adding an AD that would                                       Airbus issued 6 Service Bulletins (SB) to
                                                  Washington, DC, between 9 a.m. and 5     apply to certain Airbus Model A318–                                  provide modification instructions for the
                                                  p.m., Monday through Friday, except      112, A319–115, A320–214, A320–232,                                   affected aeroplanes.
                                                  Federal holidays.                        and A321–111 airplanes. The NPRM                                        For the reasons described above, this
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                     For service information identified in published in the Federal Register on                                 [EASA] AD requires modification of galley 5
                                                  this SNPRM, contact Airbus,              January 3, 2017 (82 FR 50) (‘‘the                                    trolley compartments to install kick load
                                                  Airworthiness Office–EIAS, 1 Rond        NPRM’’). The NPRM was prompted by                                    retainers.
                                                  Point Maurice Bellonte, 31707 Blagnac    in-service experience and further                                      You may examine the MCAI in the
                                                  Cedex, France; telephone +33 5 61 93 36 analysis, which showed that the galley                                AD docket on the Internet at http://
                                                  96; fax +33 5 61 93 44 51; email         5 without kick-load retainers was                                    www.regulations.gov by searching for
                                                  account.airworth-eas@airbus.com;         unable to withstand the expected                                     and locating Docket No. FAA–2016–
                                                  Internet http://www.airbus.com. You      loading during several flight phases or                              9519.


                                             VerDate Sep<11>2014   17:09 Nov 08, 2017   Jkt 244001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\09NOP1.SGM   09NOP1


                                                                           Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules                                                  52023

                                                  Related Service Information Under 1                             MSN 5672 is not affected by the                         Bulletin A320–25–1BCN, dated
                                                  CFR Part 51                                                     identified unsafe condition. We have                    December 22, 2015, has been
                                                    Airbus has issued Service Bulletin                            removed MSN 5672 from paragraph                         accomplished. Spirit Airlines stated that
                                                  A320–25–1B29, dated June 19, 2014;                              (g)(2) of this proposed AD accordingly.                 accomplishing the service bulletin
                                                  and Service Bulletin A320–25–1B30,                                                                                      removes galley 5.
                                                                                                                  Request To Add Certain MSNs to the
                                                  dated June 19, 2014. This service                               AD Required Action                                        We agree that the actions required by
                                                  information describes procedures for                                                                                    this proposed AD are not required on
                                                                                                                     Spirit Airlines requested that certain
                                                  installing kick-load retainers on certain                                                                               airplanes on which galley 5 has been
                                                                                                                  MSNs that are shown in paragraph (c)
                                                  galley 5 trolley compartments. These                                                                                    removed. We have revised paragraph (g)
                                                                                                                  of the proposed AD be added to
                                                  documents are distinct since they apply                                                                                 of this AD accordingly.
                                                                                                                  paragraph (g) of the proposed AD and
                                                  to different airplane configurations. This
                                                                                                                  that we refer to Airbus Service Bulletin                FAA’s Determination and Requirements
                                                  service information is reasonably
                                                                                                                  A320–25–1BBZ, dated October 2, 2015,                    of This SNPRM
                                                  available because the interested parties
                                                                                                                  as the appropriate source of service
                                                  have access to it through their normal                                                                                    This product has been approved by
                                                                                                                  information for the applicable required
                                                  course of business or by the means                                                                                      the aviation authority of another
                                                                                                                  actions.
                                                  identified in the ADDRESSES section.                               We disagree that Airbus Service                      country, and is approved for operation
                                                  Comments                                                        Bulletin A320–25–1BBZ, dated October                    in the United States. Pursuant to our
                                                                                                                  2, 2015, should be added to paragraph                   bilateral agreement with the State of
                                                    We gave the public the opportunity to
                                                  participate in developing this proposed                         (g) of this proposed AD. Airbus Service                 Design Authority, we have been notified
                                                  AD. We considered the comments                                  Bulletin A320–25–1BBZ, dated October                    of the unsafe condition described in the
                                                  received.                                                       2, 2015, has not been reviewed and                      MCAI and service information
                                                                                                                  approved by the FAA for accomplishing                   referenced above. We are proposing this
                                                  Support for the NPRM                                            the installation required by this                       AD because we evaluated all pertinent
                                                    American Airlines had no objections                           proposed AD. The requirements for the                   information and determined an unsafe
                                                  to the NPRM.                                                    MSNs identified by the commenter are                    condition exists and is likely to exist or
                                                                                                                  included in paragraph (g)(3) of this                    develop on other products of these same
                                                  Request To Reconcile a Difference                               proposed AD, which specifies that the                   type designs.
                                                  Between the AD Applicability and the                            installation must be done using a
                                                  AD Required Action                                                                                                        Certain changes described above
                                                                                                                  method approved by the Manager,                         expand the scope of the NPRM. As a
                                                     Spirit Airlines noted that                                   International Section, Transport                        result, we have determined that it is
                                                  manufacturer’s serial number (MSN)                              Standards Branch, FAA; or EASA; or                      necessary to reopen the comment period
                                                  5672 is not listed in paragraph (c) of the                      Airbus’s EASA Design Organization                       to provide additional opportunity for
                                                  proposed AD (the applicability), but is                         Approval (DOA). We have not changed                     the public to comment on this SNPRM.
                                                  listed in paragraph (g)(2) of the                               this proposed AD in this regard.
                                                  proposed AD as an airplane on which                                                                                     Costs of Compliance
                                                  the kick-load retainers must be                                 Request To Exclude Aircraft on Which
                                                  installed.                                                      the Required Actions Have Been                            We estimate that this SNPRM affects
                                                     We agree that there is a discrepancy                         Accomplished                                            19 airplanes of U.S. registry.
                                                  between paragraphs (c) and (g)(2) of the                          Spirit Airlines requested we exclude                    We estimate the following costs to
                                                  proposed AD. We have determined that                            airplanes on which Airbus Service                       comply with this SNPRM:

                                                                                                                                 ESTIMATED COSTS
                                                                                                                                                                                            Cost per     Cost on U.S.
                                                                  Action                                                    Labor cost                                    Parts cost        product       operators

                                                  Modification .............................   2 work-hours × $85 per hour = $170 .....................................                $0         $170         $3,230



                                                  Authority for This Rulemaking                                   is within the scope of that authority                   Regulatory Findings
                                                    Title 49 of the United States Code                            because it addresses an unsafe condition
                                                                                                                  that is likely to exist or develop on                     We determined that this proposed AD
                                                  specifies the FAA’s authority to issue                                                                                  would not have federalism implications
                                                  rules on aviation safety. Subtitle I,                           products identified in this rulemaking
                                                                                                                                                                          under Executive Order 13132. This
                                                  section 106, describes the authority of                         action.
                                                                                                                                                                          proposed AD would not have a
                                                  the FAA Administrator. ‘‘Subtitle VII:                             This proposed AD is issued in                        substantial direct effect on the States, on
                                                  Aviation Programs,’’ describes in more                          accordance with authority delegated by                  the relationship between the national
                                                  detail the scope of the Agency’s                                the Executive Director, Aircraft                        Government and the States, or on the
                                                  authority.                                                      Certification Service, as authorized by                 distribution of power and
                                                    We are issuing this rulemaking under                          FAA Order 8000.51C. In accordance                       responsibilities among the various
                                                  the authority described in ‘‘Subtitle VII,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                  with that order, issuance of ADs is                     levels of government.
                                                  Part A, Subpart III, Section 44701:                             normally a function of the Compliance                     For the reasons discussed above, I
                                                  General requirements.’’ Under that                              and Airworthiness Division, but during                  certify this proposed regulation:
                                                  section, Congress charges the FAA with
                                                                                                                  this transition period, the Executive                     1. Is not a ‘‘significant regulatory
                                                  promoting safe flight of civil aircraft in
                                                                                                                  Director has delegated the authority to                 action’’ under Executive Order 12866;
                                                  air commerce by prescribing regulations
                                                  for practices, methods, and procedures                          issue ADs applicable to transport                         2. Is not a ‘‘significant rule’’ under the
                                                  the Administrator finds necessary for                           category airplanes to the Director of the               DOT Regulatory Policies and Procedures
                                                  safety in air commerce. This regulation                         System Oversight Division.                              (44 FR 11034, February 26, 1979);


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                                                  52024                Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules

                                                    3. Will not affect intrastate aviation in             (e) Reason                                            by the Manager, International Section,
                                                  Alaska; and                                                This AD was prompted by in-service                 Transport Standards Branch, FAA; or EASA;
                                                                                                          experience and further analysis, which                or Airbus’s EASA Design Organization
                                                    4. Will not have a significant                                                                              Approval (DOA). If approved by the DOA,
                                                  economic impact, positive or negative,                  showed that the galley 5 without kick-load
                                                                                                          retainers was unable to withstand the                 the approval must include the DOA-
                                                  on a substantial number of small entities                                                                     authorized signature.
                                                                                                          expected loading during several flight phases
                                                  under the criteria of the Regulatory                    or in case of emergency landing. We are
                                                  Flexibility Act.                                                                                              (i) Related Information
                                                                                                          issuing this AD to prevent galley/trolley
                                                                                                          detachment and collapse into an adjacent                 (1) Refer to Mandatory Continuing
                                                  List of Subjects in 14 CFR Part 39                                                                            Airworthiness Information (MCAI) EASA
                                                                                                          cabin aisle or cabin zone, possibly spreading
                                                                                                          loose galley equipment items, compartment             Airworthiness Directive 2016–0040, dated
                                                    Air transportation, Aircraft, Aviation                                                                      March 2, 2016, for related information. This
                                                  safety, Incorporation by reference,                     doors, or leaking fluids. These hazards could
                                                                                                          block an evacuation route and result in injury        MCAI may be found in the AD docket on the
                                                  Safety.                                                                                                       Internet at http://www.regulations.gov by
                                                                                                          to crew or passengers.
                                                  The Proposed Amendment                                                                                        searching for and locating Docket No. FAA–
                                                                                                          (f) Compliance                                        2016–9519.
                                                    Accordingly, under the authority                         Comply with this AD within the                        (2) For more information about this AD,
                                                  delegated to me by the Administrator,                   compliance times specified, unless already            contact Sanjay Ralhan, Aerospace Engineer,
                                                  the FAA proposes to amend 14 CFR part                   done.                                                 International Section, Transport Standards
                                                                                                                                                                Branch, FAA, 1601 Lind Avenue SW.,
                                                  39 as follows:                                          (g) Install Kick-Load Retainers                       Renton, WA 98057–3356; telephone 425–
                                                                                                             Within 12 months after the effective date          227–1405; fax 425–227–1149.
                                                  PART 39—AIRWORTHINESS
                                                                                                          of this AD, install kick-load retainers on the           (3) For service information identified in
                                                  DIRECTIVES                                              galley 5 trolley compartments as specified in         this AD, contact Airbus, Airworthiness
                                                                                                          paragraph (g)(1), (g)(2), or (g)(3) of this AD,       Office—EIAS, 1 Rond Point Maurice
                                                  ■ 1. The authority citation for part 39                 as applicable. For airplanes on which galley          Bellonte, 31707 Blagnac Cedex, France;
                                                  continues to read as follows:                           5 is not installed, no action is required by          telephone +33 5 61 93 36 96; fax +33 5 61
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.          this paragraph.                                       93 44 51; email account.airworth-eas@
                                                                                                             (1) For Airbus Model A319–115 airplanes,           airbus.com; Internet http://www.airbus.com.
                                                  § 39.13   [Amended]                                     manufacturer’s serial numbers 5678, 5698,             You may view this service information at the
                                                                                                          5704, 5745, 5753, 5761, 5781, 5786, 5788,             FAA, Transport Standards Branch, 1601 Lind
                                                  ■ 2. The FAA amends § 39.13 by adding                   5789, 5798, 5810, 5827, and 5842, do the              Avenue SW., Renton, WA. For information
                                                  the following new airworthiness                         installation in accordance with the                   on the availability of this material at the
                                                  directive (AD):                                         Accomplishment Instructions of Airbus                 FAA, call 425–227–1221.
                                                  Airbus: Docket No. FAA–2016–9519; Product               Service Bulletin A320–25–1B29, dated June
                                                                                                                                                                  Issued in Renton, Washington, on October
                                                      Identifier 2016–NM–099–AD.                          19, 2014.
                                                                                                                                                                11, 2017.
                                                                                                             (2) For Airbus Model A320–232 airplanes,
                                                  (a) Comments Due Date                                   manufacturer’s serial numbers 5458, 5517,             Dionne Palermo,
                                                    We must receive comments by December                  5624, and 5804, do the installation in                Acting Director, System Oversight Division,
                                                  26, 2017.                                               accordance with the Accomplishment                    Aircraft Certification Service.
                                                                                                          Instructions of Airbus Service Bulletin A320–         [FR Doc. 2017–22556 Filed 11–8–17; 8:45 am]
                                                  (b) Affected ADs                                        25–1B30, dated June 19, 2014.                         BILLING CODE 4910–13–P
                                                    None.                                                    (3) For airplanes not identified in
                                                                                                          paragraph (g)(1) or (g)(2) of this AD, do the
                                                  (c) Applicability                                       installation using a method approved by the
                                                     This AD applies to Airbus Model A319–                Manager, International Section, Transport             FEDERAL TRADE COMMISSION
                                                  112, A319–115, A320–214, A320–232, and                  Standards Branch, FAA; or the European
                                                  A321–211 airplanes, certificated in any                 Aviation Safety Agency (EASA); or Airbus’s            16 CFR Part 305
                                                  category, manufacturer’s serial numbers                 EASA Design Organization Approval (DOA).
                                                                                                                                                                [RIN 3084–AB15]
                                                  1479, 3096, 3693, 3713, 3739, 3791, 3896,
                                                                                                          (h) Other FAA AD Provisions
                                                  3902, 3907, 3931, 3949, 3969, 4030, 4045,
                                                  4049, 4059, 4066, 4077, 4083, 4124, 4146,                 The following provisions also apply to this         Energy Labeling Rule
                                                  4158, 4188, 4198, 4206, 4209, 4218, 4235,               AD:                                                   AGENCY:   Federal Trade Commission
                                                  4255, 4264, 4304, 4321, 4371, 4374, 4395,                 (1) Alternative Methods of Compliance
                                                                                                          (AMOCs): The Manager, International
                                                                                                                                                                (‘‘FTC’’ or ‘‘Commission’’).
                                                  4411, 4417, 4431, 4485, 4492, 4502, 4528,
                                                  4541, 4548, 4592, 4595, 4638, 4651, 4669,               Section, Transport Standards Branch, FAA,             ACTION: Notice of Proposed Rulemaking.
                                                  4703, 4724, 4737, 4746, 4770, 4780, 4783,               has the authority to approve AMOCs for this
                                                  4826, 4827, 4860, 4863, 4865, 4902, 4934,               AD, if requested using the procedures found           SUMMARY:    The Commission proposes to
                                                  4945, 4951, 4952, 4971, 4996, 5023, 5029,               in 14 CFR 39.19. In accordance with 14 CFR            amend the Energy Labeling Rule
                                                  5042, 5088, 5095, 5132, 5159, 5164, 5171,               39.19, send your request to your principal            (‘‘Rule’’) by updating ranges of
                                                  5175, 5192, 5210, 5227, 5241, 5247, 5251,               inspector or local Flight Standards District          comparability and unit energy cost
                                                  5275, 5277, 5297, 5306, 5340, 5343, 5348,               Office, as appropriate. If sending information        figures on EnergyGuide labels for
                                                  5356, 5366, 5370, 5385, 5387, 5392, 5396,               directly to the International Section, send it        dishwashers, furnaces, room air
                                                  5400, 5407, 5418, 5427, 5438, 5456, 5458,               to the attention of the person identified in
                                                                                                                                                                conditioners, and pool heaters. The
                                                  5469, 5495, 5517, 5555, 5624, 5674, 5678,               paragraph (i)(2) of this AD. Information may
                                                                                                          be emailed to: 9-ANM-116-AMOC-                        Commission also proposes to set a
                                                  5698, 5699, 5704, 5709, 5714, 5791, 5745,
                                                  5753, 5761, 5781, 5786, 5788, 5789, 5798,               REQUESTS@faa.gov. Before using any                    compliance date for EnergyGuide labels
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                                                  5804, 5810, 5821, 5827, 5842, 5874, 5882,               approved AMOC, notify your appropriate                on room air conditioner boxes.
                                                  5889, 5903, 5907, 5916, 5924, 5958, 5984,               principal inspector, or lacking a principal           DATES: Comments must be received by
                                                  5994, 6000, 6004, 6054, 6080, 6107, 6166,               inspector, the manager of the local flight            December 4, 2017.
                                                  6176, 6234, 6266, 6293, 6335, 6344, 6365,               standards district office/certificate holding
                                                                                                                                                                ADDRESSES: Interested parties may file a
                                                  6430, and 6444.                                         district office.
                                                                                                            (2) Contacting the Manufacturer: For any            comment online or on paper by
                                                  (d) Subject                                             requirement in this AD to obtain corrective           following the instructions in the
                                                    Air Transport Association (ATA) of                    actions from a manufacturer, the action must          Request for Comment part of the
                                                  America Code 25, Equipment/furnishings.                 be accomplished using a method approved               SUPPLEMENTARY INFORMATION section



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Document Created: 2018-10-25 10:30:44
Document Modified: 2018-10-25 10:30:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesThe comment period for the NPRM published in the Federal Register on January 3, 2017 (82 FR 50), is reopened.
ContactSanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227- 1149.
FR Citation82 FR 52022 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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