82 FR 58098 - Airworthiness Directives; Airbus Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58098-58102 | |
| FR Document | 2017-26364 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Rules and Regulations] [Pages 58098-58102] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26364] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0625; Product Identifier 2016-NM-089-AD; Amendment 39-19118; AD 2017-25-04] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are superseding Airworthiness Directive (AD) 2014-22-08, which applied to all Airbus Model A318 and A319 series airplanes; Model A320-111, -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 required revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements. This new AD requires revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements, and removes airplanes from the applicability. This AD was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 16, 2018. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 16, 2018. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of December 17, 2014 (79 FR 67042, November 12, 2014). ADDRESSES: For service information identified in this final rule, 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:// [[Page 58099]] 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0625. 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 AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone: 800- 647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014) (``AD 2014-22-08''). AD 2014-22-08 applied to all Airbus Model A318 and A319 series airplanes; Model A320-111, -211, - 212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, - 131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 27, 2017 (82 FR 29016). The NPRM was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. The NPRM proposed to revise the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements, and to remove airplanes from the applicability. 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. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0092, dated May 13, 2016 (referred to after this as the 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. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Revise Cost Estimate Delta Airlines (DAL) requested that we revise the cost estimate of the proposed AD. DAL pointed out that revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements is a fleet-based effort. DAL stated that it estimates the cost to be 200 work-hours per operator, which would total $17,000 per operator. DAL also stated that each operator would incur a similar cost that is independent of fleet size. We disagree with the request to revise the cost estimate. The cost estimate in ADs is based on an estimated cost per airplane regardless of any operator's fleet size, which varies by operator. Additionally, the cost estimate describes only the direct costs and time necessary to perform the specific actions required by this AD. We recognize that, in doing the actions required by an AD, operators might incur incidental costs in addition to the direct costs. The cost analysis in AD rulemaking actions, however, typically does not include incidental costs such as the time necessary for planning or time necessitated by other administrative actions. Those incidental costs, which might vary significantly among operators, are almost impossible to calculate. We have not changed this AD in this regard. Requests To Revise Previously Approved Alternative Method of Compliance (AMOC) Provisions DAL requested that we revise paragraph (k)(1)(ii) of the proposed AD from approving previously approved AMOCs for AD 2014-22-08 as AMOCs for the corresponding provisions of paragraph (g) of the proposed AD, to being approved for the corresponding provisions of paragraph (i) of the proposed AD. DAL pointed out that this change would allow the AMOCs previously approved for AD 2014-22-08 to be applicable to both paragraphs (g) and (i) of the proposed AD, eliminating the need for new AMOCs to address issues identified in AD 2014-22-08 and carried over to the proposed AD. Spirit Airlines noted that, based on paragraph (k)(1)(ii) of the proposed AD, AMOCs approved for AD 2014-22-08 would not be valid for the new requirements of paragraph (i) of the proposed AD. We agree that certain AMOCs approved for AD 2014-22-08 are approved for the corresponding provisions of this AD. We have added paragraph (k)(1)(iii) to this AD to specify that the certain previous AMOCs that are approved for AD 2014-22-08 are approved as AMOCs for the corresponding provisions of paragraph (i) of this AD. The previous AMOCs include Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 05, dated April 6, 2017. Request To Cite Latest Revision of the Service Information Spirit Airlines requested that we refer to Revision 05, dated April 6, 2017, of [[Page 58100]] Airbus A318/A319/A320/A321 ALS Part 3, CMR, (``ALS Part 3'') in paragraph (i) of this AD (we referred to Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 03, dated December 21, 2015 (``Airbus A318/A319/ A320/A321 ALS Part 3, Revision 03''), as the appropriate source of service information for accomplishing the revision specified in paragraph (i) of the proposed AD). We do not agree with the request to specify the revised service information in this final rule. The revised service information includes new and more restrictive items and is applicable to additional airplanes. To require incorporation of the revised service information, we would have to issue a supplement NPRM for public comment and would incur undue delay in issuance of the final rule. In addition, EASA has not published an AD mandating Revision 05, dated April 6, 2017, of ALS Part 3. We are considering further rulemaking to supersede this final rule to require incorporating the revised service information. We have made no change to this AD in this regard. Request To Allow the of Use Later Approved Revisions of the Service Information DAL requested that we allow the use of later approved revisions of Airbus A318/A319/A320/A321 ALS Part 3. DAL stated that permitting later approved revisions would reduce the number of requests for an AMOC. DAL also mentioned that Airbus has requested approval of Variation 5.1, of ALS Part 3, as an AMOC to AD 2014-22-08. We do not agree with DAL's request to allow the use of later approved revisions of Airbus A318/A319/A320/A321 ALS Part 3. We cannot use the phrase, ``or later approved revisions,'' in an AD when referring to the service document because doing so violates Office of the Federal Register (OFR) regulations for approval of materials ``incorporated by reference'' in rules. However, as stated previously, we have revised this AD to specify that AMOCs approved for AD 2014-22- 08 are approved for the corresponding provisions of this AD. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 Airbus has issued A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015. This 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. Costs of Compliance We estimate that this AD affects 1,032 airplanes of U.S. registry. The actions required by AD 2014-22-08, and retained in this AD 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 AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this 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. This 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD: 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: 2017-25-04 Airbus: Amendment 39-19118; Docket No. FAA-2017-0625; Product Identifier 2016-NM-089-AD. (a) Effective Date This AD is effective January 16, 2018. [[Page 58101]] (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 (the effective date of AD 2014-22-08), 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 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015 (``Airbus A318/A319/A320/A321 ALS Part 3, Revision 03''). The initial compliance time for accomplishing the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, Revision 03, is at the applicable time specified in Airbus A318/A319/A320/ A321 ALS Part 3, Revision 03, 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 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 (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) this AD. (iii) AMOCs approved previously for AD 2014-22-08, which are included in the FAA AMOC letters specified in paragraphs (k)(1)(iii)(A) and (k)(1)(iii)(B), are approved as AMOCs for the corresponding provisions of paragraph (i) of this AD. (A) FAA AMOC letter ANM-116-17-002R1, dated November 14, 2016. (B) FAA AMOC letter ANM-116-17-323, dated June 12, 2017. (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 Section, Transport Standards Branch, 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 AD 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 Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-227-1149. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on January 16, 2018. (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015. (ii) Reserved. (4) The following service information was approved for IBR on December 17, 2014 (79 FR 67042, November 12, 2014). (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 1, dated June 15, 2012. (ii) Reserved. (5) 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. (6) 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. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. [[Page 58102]] Issued in Renton, Washington, on November 29, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-26364 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
![58098 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
Executive Order 13175, Consultation Authority: 7 U.S.C. 608c. Dated: December 7, 2017.
and Coordination with Indian Tribal ■ 5. In § 900.51 revise paragraph (d) to Bruce Summers,
Governments. The review reveals that read as follows: Acting Administrator, Agricultural Marketing
this regulation would not have Service.
substantial and direct effects on tribal § 900.51 Definitions. [FR Doc. 2017–26718 Filed 12–8–17; 8:45 am]
governments and would not have * * * * * BILLING CODE 3410–02–P
significant tribal implications. (d) The term judge means any
administrative law judge appointed
Paperwork Reduction Act
pursuant to 5 U.S.C. 3105 or any DEPARTMENT OF TRANSPORTATION
This rule contains no information presiding official appointed by the
collections or recordkeeping Secretary, and assigned to conduct the Federal Aviation Administration
requirements under the Paperwork proceeding.
Reduction Act of 1995 [44 U.S.C. 3501 * * * * * 14 CFR Part 39
et seq.].
[Docket No. FAA–2017–0625; Product
List of Subjects PART 1200—RULES OF PRACTICE Identifier 2016–NM–089–AD; Amendment
AND PROCEDURE GOVERNING 39–19118; AD 2017–25–04]
7 CFR Part 900 PROCEEDINGS UNDER RESEARCH,
Administrative practice and PROMOTION, AND INFORMATION RIN 2120–AA64
procedure, Freedom of information, PROGRAMS
Airworthiness Directives; Airbus
Marketing agreements, Reporting and
■ 6. The authority for part 1200 Airplanes
recordkeeping requirements.
continues to read as follows: AGENCY: Federal Aviation
7 CFR Part 1200
Authority: 7 U.S.C. 2111, 2620, 2713, Administration (FAA), Department of
Administrative practice and 4509, 4609, 4814, 4909, 6106, 6306, 6410, Transportation (DOT).
procedure, Advertising, Blueberries, 7418, and 7486. ACTION: Final rule.
Consumer information, Cotton, Dairy,
Eggs, Fluid milk, Honey, Marketing Subpart A—Rules of Practice and SUMMARY: We are superseding
agreements, Mushrooms, Peanuts, Procedure Governing Proceedings To Airworthiness Directive (AD) 2014–22–
Popcorn, Pork, Potatoes, Promotion, Formulate and Amend an Order 08, which applied to all Airbus Model
Reporting and recordkeeping A318 and A319 series airplanes; Model
requirements, Soybeans, Watermelons. ■ 7. The authority for subpart A A320–111, –211, –212, –214, –231,
Accordingly, 7 CFR parts 900 and continues to read as follows: –232, and –233 airplanes; and Model
1200 are amended to as follows: Authority: 7 U.S.C. 2103, 2614, 2704, and A321–111, –112, –131, –211, –212,
4804. –213, –231, and –232 airplanes. AD
PART 900—GENERAL REGULATIONS ■ 8. In § 1200.2, revise paragraph (f) to 2014–22–08 required revising the
read as follows: maintenance or inspection program to
■ 1. The authority citation for part 900
incorporate new or revised
continues to read as follows: § 1200.2 Definitions. airworthiness limitation requirements.
Authority: 7 U.S.C. 601–674 and 7 U.S.C. * * * * * This new AD requires revising the
7401. (f) Judge means any administrative maintenance or inspection program to
law judge appointed pursuant to 5 incorporate new or revised
Subpart—Rules of Practice and
U.S.C. 3105 or any presiding official airworthiness limitation requirements,
Procedure Governing Proceedings To
appointed by the Secretary, and and removes airplanes from the
Formulate Marketing Agreements and
assigned to conduct the proceeding. applicability. This AD was prompted by
Marketing Orders
* * * * * a determination that more restrictive
■ 2. The authority citation for this maintenance instructions and
subpart continues to read as follows: Subpart B—Rules of Practice airworthiness limitations are necessary.
Governing Proceedings on Petitions We are issuing this AD to address the
Authority: 7 U.S.C. 610.
To Modify or To Be Exempted From unsafe condition on these products.
■ 3. In § 900.2, revise paragraph (d) to Research, Promotion and Information DATES: This AD is effective January 16,
read as follows: Programs 2018.
§ 900.2 Definitions. The Director of the Federal Register
■ 9. The authority for subpart B approved the incorporation by reference
* * * * * continues to read as follows:
(d) The term judge means any of a certain publication listed in this AD
administrative law judge appointed Authority: 7 U.S.C. 2111, 2620, 2713, as of January 16, 2018.
4509, 4609, 4814, 4909, 6008, 6106, 6306, The Director of the Federal Register
pursuant to 5 U.S.C. 3105 or any 6410, 6807, 7106, 7418, 7486, and 7806. approved the incorporation by reference
presiding official appointed by the
■ 10. In § 1200.51, revise paragraph (g) of a certain other publication listed in
Secretary, and assigned to conduct the
to read as follows: this AD as of December 17, 2014 (79 FR
proceeding.
67042, November 12, 2014).
* * * * * § 1200.51 Definitions.
ADDRESSES: For service information
sradovich on DSK3GMQ082PROD with RULES
* * * * * identified in this final rule, contact
Subpart—Rules of Practice Governing
(g) Judge means any administrative Airbus, Airworthiness Office—EIAS, 1
Proceedings on Petitions To Modify or
law judge appointed pursuant to 5 Rond Point Maurice Bellonte, 31707
To Be Exempted From Marketing
U.S.C. 3105 or any presiding official Blagnac Cedex, France; telephone: +33 5
Orders
appointed by the Secretary, and 61 93 36 96; fax: +33 5 61 93 44 51;
■ 4. The authority citation for this assigned to conduct the proceeding. email: account.airworth-eas@
subpart continues to read as follows: * * * * * airbus.com; Internet: http://
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www.airbus.com. You may view this in a hazardous or catastrophic failure per operator, which would total $17,000
referenced service information at the condition. per operator. DAL also stated that each
FAA, Transport Standards Branch, 1601 The European Aviation Safety Agency operator would incur a similar cost that
Lind Avenue SW., Renton, WA. For (EASA), which is the Technical Agent is independent of fleet size.
information on the availability of this for the Member States of the European We disagree with the request to revise
material at the FAA, call 425–227–1221. Union, has issued EASA AD 2016–0092, the cost estimate. The cost estimate in
It is also available on the Internet at dated May 13, 2016 (referred to after ADs is based on an estimated cost per
http://www.regulations.gov by searching this as the Mandatory Continuing airplane regardless of any operator’s
for and locating Docket No. FAA–2017– Airworthiness Information, or ‘‘the fleet size, which varies by operator.
0625. MCAI’’), to correct an unsafe condition Additionally, the cost estimate describes
for all Airbus Model A318 and A319 only the direct costs and time necessary
Examining the AD Docket series airplanes; Model A320–211, –212, to perform the specific actions required
You may examine the AD docket on –214, –231, –232, and –233 airplanes; by this AD. We recognize that, in doing
the Internet at http:// and Model A321–111, –112, –131, –211, the actions required by an AD, operators
www.regulations.gov by searching for –212, –213, –231, and –232 airplanes. might incur incidental costs in addition
and locating Docket No. FAA–2017– The MCAI states: to the direct costs. The cost analysis in
0625; or in person at the Docket The airworthiness limitations for Airbus
AD rulemaking actions, however,
Management Facility between 9 a.m. A320 family aeroplanes are currently defined typically does not include incidental
and 5 p.m., Monday through Friday, and published in Airbus A318/A319/A320/ costs such as the time necessary for
except Federal holidays. The AD docket A321 Airworthiness Limitations Section planning or time necessitated by other
contains this AD, the regulatory (ALS) documents. The airworthiness administrative actions. Those incidental
limitations applicable to the Certification costs, which might vary significantly
evaluation, any comments received, and Maintenance Requirements (CMR), which are
other information. The address for the among operators, are almost impossible
approved by EASA, are published in ALS to calculate. We have not changed this
Docket Office (telephone: 800–647– Part 3.
5527) is Docket Management Facility, The instructions contained in the ALS Part AD in this regard.
U.S. Department of Transportation, 3 have been identified as mandatory actions Requests To Revise Previously
Docket Operations, M–30, West for continued airworthiness. Failure to Approved Alternative Method of
Building Ground Floor, Room W12–140, comply with these instructions could result
Compliance (AMOC) Provisions
in an unsafe condition.
1200 New Jersey Avenue SE., Previously, EASA issued AD 2013–0148 DAL requested that we revise
Washington, DC 20590. [which corresponds to FAA AD 2014–22–08] paragraph (k)(1)(ii) of the proposed AD
FOR FURTHER INFORMATION CONTACT: to require accomplishment of all from approving previously approved
Sanjay Ralhan, Aerospace Engineer, maintenance tasks as described in ALS Part AMOCs for AD 2014–22–08 as AMOCs
3 at Revision 01. The new ALS Part 3
International Section, Transport for the corresponding provisions of
Revision 03 (hereafter referred to as ‘the ALS’
Standards Branch, FAA, 1601 Lind in this [EASA] AD) includes new and/or paragraph (g) of the proposed AD, to
Avenue SW., Renton, WA 98057–3356; more restrictive requirements. being approved for the corresponding
telephone: 425–227–1405; fax: 425– For the reason described above, this provisions of paragraph (i) of the
227–1149. [EASA] AD retains the requirements of EASA proposed AD. DAL pointed out that this
AD 2013–0148, which is superseded, and change would allow the AMOCs
SUPPLEMENTARY INFORMATION: requires accomplishment of all maintenance previously approved for AD 2014–22–08
Discussion tasks as described in the ALS. to be applicable to both paragraphs (g)
The unsafe condition is a safety- and (i) of the proposed AD, eliminating
We issued a notice of proposed significant latent failure (that is not the need for new AMOCs to address
rulemaking (NPRM) to amend 14 CFR annunciated), which, in combination issues identified in AD 2014–22–08 and
part 39 to supersede AD 2014–22–08, with one or more other specific failures carried over to the proposed AD.
Amendment 39–18013 (79 FR 67042, or events, could result in a hazardous or Spirit Airlines noted that, based on
November 12, 2014) (‘‘AD 2014–22– catastrophic failure condition. You may paragraph (k)(1)(ii) of the proposed AD,
08’’). AD 2014–22–08 applied to all examine the MCAI in the AD docket on AMOCs approved for AD 2014–22–08
Airbus Model A318 and A319 series the Internet at http:// would not be valid for the new
airplanes; Model A320–111, –211, –212, www.regulations.gov by searching for requirements of paragraph (i) of the
–214, –231, –232, and –233 airplanes; and locating Docket No. FAA–2017– proposed AD.
and Model A321–111, –112, –131, –211, 0625. We agree that certain AMOCs
–212, –213, –231, and –232 airplanes. approved for AD 2014–22–08 are
The NPRM published in the Federal Comments approved for the corresponding
Register on June 27, 2017 (82 FR 29016). We gave the public the opportunity to provisions of this AD. We have added
The NPRM was prompted by a participate in developing this AD. The paragraph (k)(1)(iii) to this AD to specify
determination that more restrictive following presents the comments that the certain previous AMOCs that
maintenance instructions and received on the NPRM and the FAA’s are approved for AD 2014–22–08 are
airworthiness limitations are necessary. response to each comment. approved as AMOCs for the
The NPRM proposed to revise the corresponding provisions of paragraph
maintenance or inspection program to Request To Revise Cost Estimate
(i) of this AD. The previous AMOCs
incorporate new or revised Delta Airlines (DAL) requested that include Airbus A318/A319/A320/A321
sradovich on DSK3GMQ082PROD with RULES
airworthiness limitation requirements, we revise the cost estimate of the ALS Part 3, CMR, Revision 05, dated
and to remove airplanes from the proposed AD. DAL pointed out that April 6, 2017.
applicability. We are issuing this AD to revising the maintenance or inspection
prevent a safety-significant latent failure program to incorporate new or revised Request To Cite Latest Revision of the
(that is not annunciated), which, in airworthiness limitation requirements is Service Information
combination with one or more other a fleet-based effort. DAL stated that it Spirit Airlines requested that we refer
specific failures or events, could result estimates the cost to be 200 work-hours to Revision 05, dated April 6, 2017, of
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![58100 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
Airbus A318/A319/A320/A321 ALS • Are consistent with the intent that This AD is issued in accordance with
Part 3, CMR, (‘‘ALS Part 3’’) in was proposed in the NPRM for authority delegated by the Executive
paragraph (i) of this AD (we referred to correcting the unsafe condition; and Director, Aircraft Certification Service,
Airbus A318/A319/A320/A321 ALS • Do not add any additional burden as authorized by FAA Order 8000.51C.
Part 3, CMR, Revision 03, dated upon the public than was already In accordance with that order, issuance
December 21, 2015 (‘‘Airbus A318/ proposed in the NPRM. of ADs is normally a function of the
A319/A320/A321 ALS Part 3, Revision Related Service Information Under 1 Compliance and Airworthiness
03’’), as the appropriate source of CFR Part 51 Division, but during this transition
service information for accomplishing period, the Executive Director has
the revision specified in paragraph (i) of Airbus has issued A318/A319/A320/ delegated the authority to issue ADs
the proposed AD). A321 Airworthiness Limitations Section applicable to transport category
We do not agree with the request to (ALS) Part 3, Certification Maintenance airplanes to the Director of the System
specify the revised service information Requirements (CMR), Revision 03, dated Oversight Division.
in this final rule. The revised service December 21, 2015. This service
information describes maintenance Regulatory Findings
information includes new and more
restrictive items and is applicable to instructions and airworthiness We determined that this AD will not
additional airplanes. To require limitations, including updated have federalism implications under
incorporation of the revised service inspections and intervals, to be Executive Order 13132. This AD will
information, we would have to issue a incorporated into the maintenance or not have a substantial direct effect on
supplement NPRM for public comment inspection program. This service the States, on the relationship between
and would incur undue delay in information is reasonably available the national government and the States,
issuance of the final rule. In addition, because the interested parties have or on the distribution of power and
EASA has not published an AD access to it through their normal course responsibilities among the various
mandating Revision 05, dated April 6, of business or by the means identified levels of government.
2017, of ALS Part 3. We are considering in the ADDRESSES section. For the reasons discussed above, I
further rulemaking to supersede this Costs of Compliance certify that this AD:
final rule to require incorporating the 1. Is not a ‘‘significant regulatory
We estimate that this AD affects 1,032 action’’ under Executive Order 12866;
revised service information. We have
airplanes of U.S. registry. 2. Is not a ‘‘significant rule’’ under the
made no change to this AD in this The actions required by AD 2014–22–
regard. DOT Regulatory Policies and Procedures
08, and retained in this AD take about (44 FR 11034, February 26, 1979);
Request To Allow the of Use Later 1 work-hour per product, at an average 3. Will not affect intrastate aviation in
Approved Revisions of the Service labor rate of $85 per work-hour. Based Alaska; and
Information on these figures, the estimated cost of 4. Will not have a significant
the actions that are required by AD economic impact, positive or negative,
DAL requested that we allow the use 2014–22–08 is $85 per product.
of later approved revisions of Airbus on a substantial number of small entities
We also estimate that it would take under the criteria of the Regulatory
A318/A319/A320/A321 ALS Part 3. about 1 work-hour per product to
DAL stated that permitting later Flexibility Act.
comply with the basic requirements of
approved revisions would reduce the this AD. The average labor rate is $85 List of Subjects in 14 CFR Part 39
number of requests for an AMOC. DAL per work-hour. Based on these figures,
also mentioned that Airbus has Air transportation, Aircraft, Aviation
we estimate the cost of this AD on U.S. safety, Incorporation by reference,
requested approval of Variation 5.1, of operators to be $87,720, or $85 per
ALS Part 3, as an AMOC to AD 2014– Safety.
product.
22–08. Adoption of the Amendment
We do not agree with DAL’s request Authority for This Rulemaking
Accordingly, under the authority
to allow the use of later approved Title 49 of the United States Code delegated to me by the Administrator,
revisions of Airbus A318/A319/A320/ specifies the FAA’s authority to issue the FAA amends 14 CFR part 39 as
A321 ALS Part 3. We cannot use the rules on aviation safety. Subtitle I, follows:
phrase, ‘‘or later approved revisions,’’ in section 106, describes the authority of
an AD when referring to the service the FAA Administrator. ‘‘Subtitle VII: PART 39—AIRWORTHINESS
document because doing so violates Aviation Programs,’’ describes in more DIRECTIVES
Office of the Federal Register (OFR) detail the scope of the Agency’s
regulations for approval of materials authority. ■ 1. The authority citation for part 39
‘‘incorporated by reference’’ in rules. We are issuing this rulemaking under continues to read as follows:
However, as stated previously, we have the authority described in ‘‘Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701.
revised this AD to specify that AMOCs Part A, Subpart III, Section 44701:
approved for AD 2014–22–08 are General requirements.’’ Under that § 39.13 [Amended]
approved for the corresponding section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by
provisions of this AD. promoting safe flight of civil aircraft in removing Airworthiness Directive (AD)
air commerce by prescribing regulations 2014–22–08, Amendment 39–18013 (79
Conclusion
for practices, methods, and procedures FR 67042, November 12, 2014), and
sradovich on DSK3GMQ082PROD with RULES
We reviewed the available data, the Administrator finds necessary for adding the following new AD:
including the comments received, and safety in air commerce. This regulation
determined that air safety and the is within the scope of that authority 2017–25–04 Airbus: Amendment 39–19118;
Docket No. FAA–2017–0625; Product
public interest require adopting this AD because it addresses an unsafe condition Identifier 2016–NM–089–AD.
with the changes described previously that is likely to exist or develop on
and minor editorial changes. We have products identified in this rulemaking (a) Effective Date
determined that these changes: action. This AD is effective January 16, 2018.
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![58102 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
Issued in Renton, Washington, on www.airbus.com. For Zodiac Aerospace Union, has issued EASA AD 2016–0043,
November 29, 2017. service information identified in this dated March 4, 2016 (referred to after
Jeffrey E. Duven, AD, contact Air Cruisers, Cage Code this as the Mandatory Continuing
Director, System Oversight Division, Aircraft 70167, 1747 State Route 34, Wall Airworthiness Information, or ‘‘the
Certification Service. Township, NJ 07727–3935; telephone: MCAI’’), to correct an unsafe condition
[FR Doc. 2017–26364 Filed 12–8–17; 8:45 am] (732) 681–3527; Internet: http:// for all Airbus Model A318, A319, A320,
BILLING CODE 4910–13–P www.zodiacaerospace.com. You may and A321 series airplanes. The MCAI
view this referenced service information states:
at the FAA, Transport Standards Two occurrences were reported on Airbus
DEPARTMENT OF TRANSPORTATION Branch, 1601 Lind Avenue SW., Renton, A320 family aeroplanes where the escape
WA. For information on the availability slide raft inflation system did not deploy
Federal Aviation Administration of this material at the FAA, call 425– when activated. This was due to the rotation
227–1221. It is also available on the of the cable guide in a direction, which
14 CFR Part 39 Internet at http://www.regulations.gov resulted in jamming of the inflation control
cable. Additionally, one case was reported
[Docket No. FAA–2017–0556; Product by searching for and locating Docket No. where the system did not deploy properly
Identifier 2016–NM–098–AD; Amendment FAA–2017–0556. due to a cracked inflation hose fitting.
39–19119; AD 2017–25–05] Investigation conducted by Air Cruisers
Examining the AD Docket
RIN 2120–AA64 Company [Zodiac Aero Evacuation Systems],
You may examine the AD docket on the slide raft manufacturer, showed that the
Airworthiness Directives; Airbus the Internet at http:// hose fitting could be subject to a bending
www.regulations.gov by searching for moment, if improperly packed.
Airplanes Consequently, the hose fitting could separate
and locating Docket No. FAA 2017–
AGENCY: Federal Aviation from the reservoir and the inflation of the
0556; or in person at the Docket
slide raft would be impaired.
Administration (FAA), Department of Management Facility between 9 a.m. This condition, if not corrected, could
Transportation (DOT). and 5 p.m., Monday through Friday, delay the evacuation from the aeroplane in
ACTION: Final rule. except Federal holidays. The AD docket case of emergency, possibly resulting in
contains this AD, the regulatory injury to the occupants.
SUMMARY: We are superseding evaluation, any comments received, and To address this potential unsafe condition,
Airworthiness Directive (AD) 2012–23– other information. The address for the DGAC France issued AD F–2004–072 [which
10, which applied to all Airbus Model Docket Office (telephone 800–647–5527) correlates with FAA AD 2004–26–07,
A318 series airplanes; Model A319 Amendment 39–13919 (70 FR 1176, January
is Docket Management Facility, U.S.
6, 2005)], to introduce an inflation hose
series airplanes; Model A320–211, –212, Department of Transportation, Docket retainer preventing an incomplete inflation of
–214, –231, –232, and –233 airplanes; Operations, M–30, West Building emergency escape slides, which could delay
and Model A321–111, –112, –131, –211, Ground Floor, Room W12–140, 1200 passenger evacuation, and EASA issued AD
–212, –213, –231, and –232 airplanes. New Jersey Avenue SE., Washington, 2011–0160 (later revised twice) to require
AD 2012–23–10 required modifying the DC 20590. modification of the affected slide rafts or
affected slide rafts. This AD retains the FOR FURTHER INFORMATION CONTACT:
replacement thereof with modified units.
requirements of AD 2012–23–10. This Since EASA AD 2011–0160R2 [which
Sanjay Ralhan, Aerospace Engineer, correlates with FAA AD 2012–23–10 and was
AD also requires replacing each escape International Section, Transport issued as a stand-alone, non-superseding AD]
slide pack assembly having a certain Standards Branch, FAA, 1601 Lind was issued, Air Cruisers [Zodiac Aero
part number with a new escape slide Avenue SW., Renton, WA 98057–3356; Evacuation Systems] developed a
pack assembly. This AD was prompted telephone 425–227–1405; fax 425–227– modification of the slide and slide/raft, part
by reports of the escape raft inflation 1149. of the escape slide pack assemblies, to
system not deploying when activated improve its deployment. Modified slides and
SUPPLEMENTARY INFORMATION:
due to the rotation of the cable guide in slide/rafts are identified by a different Part
a direction that resulted in jamming of Discussion Number (P/N); consequently, also the escape
the inflation control cable. We are slide pack assemblies are identified by a
We issued a notice of proposed different P/N.
issuing this AD to address the unsafe rulemaking (NPRM) to amend 14 CFR For the reasons described above, this
condition on these products. part 39 to supersede AD 2012–23–10, [EASA] AD retains the requirements of DGAC
DATES: This AD is effective January 16, Amendment 39–17266 (77 FR 70369, France AD F–2004–072 (EASA approval
2018. November 26, 2012) (‘‘AD 2012–23– 2004–5335) and EASA AD 2011–0160R2,
The Director of the Federal Register 10’’). AD 2012–23–10 applied to all which are superseded, and requires
approved the incorporation by reference installation of modified escape slide pack
Airbus Model A318 series airplanes; assemblies.
of certain publications listed in this AD Model A319 series airplanes; Model Appendix 1 of this [EASA] AD provides a
as of January 16, 2018. A320–211, –212, –214, –231, –232, and comprehensive list of escape slide pack
The Director of the Federal Register –233 airplanes; and Model A321–111, assemblies P/N that, at the issue date of the
approved the incorporation by reference –112, –131, –211, –212, –213, –231, and [EASA] AD, are not approved for further
of certain other publications listed in –232 airplanes. The NPRM published in installation on any aeroplane.
this AD as of December 31, 2012 (77 FR the Federal Register on June 23, 2017 You may examine the MCAI in the
70369, November 26, 2012). (82 FR 28599). The NPRM was AD docket on the Internet at http://
ADDRESSES: For Airbus service prompted by reports of the escape raft www.regulations.gov by searching for
sradovich on DSK3GMQ082PROD with RULES
information identified in this final rule, inflation system not deploying when and locating Docket No. FAA 2017–
contact Airbus, Airworthiness Office— activated due to the rotation of the cable 0556.
EIAS, 1 Rond Point Maurice Bellonte, guide in a direction that resulted in
31707 Blagnac Cedex, France; telephone jamming of the inflation control cable. Comments
+33 5 61 93 36 96; fax +33 5 61 93 44 The European Aviation Safety Agency We gave the public the opportunity to
51; email account.airworth-eas@ (EASA), which is the Technical Agent participate in developing this AD. The
airbus.com; Internet http:// for the Member States of the European following presents the comments
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Document Created: 2017-12-09 01:49:44
Document Modified: 2017-12-09 01:49:44
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective January 16, 2018. | |
| 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. | |
| FR Citation | 82 FR 58098 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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