[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Proposed Rules]
[Pages 68376-68379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26673]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0978; Product Identifier 2019-NM-163-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-05-12, which applies to certain Airbus SAS Model A318-112
airplanes, Model A319-111, -112, -115, -132, and -133 airplanes, Model
A320-214, -232, and -233 airplanes, and Model A321-211, -212, -213, -
231, and -232 airplanes. AD 2017-05-12 requires a one-time eddy current
conductivity measurement of certain cabin, cargo compartment, and frame
structural parts to determine if aluminum alloy with inadequate heat
treatment was used, and replacement if necessary. Since AD 2017-05-12
was issued, it was determined that aluminum alloy with inadequate heat
treatment had been used for additional structural parts. This proposed
AD would retain the requirements of AD 2017-05-12, and for certain
airplanes, would require additional work, as specified in a
[[Page 68377]]
European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by January 30,
2020.
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 https://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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0978.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0978; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
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, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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-2019-0978;
Product Identifier 2019-NM-163-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The FAA issued AD 2017-05-12, Amendment 39-18823 (82 FR 13382,
March 13, 2017) (``AD 2017-05-12''), which applied to certain Airbus
SAS Model A318-112 airplanes, Model A319-111, -112, -115, -132, and -
133 airplanes, Model A320-214, -232, and -233 airplanes, and Model
A321-211, -212, -213, -231, and -232 airplanes. AD 2017-05-12 requires
a one-time eddy current conductivity measurement of certain cabin,
cargo compartment, and frame structural parts to determine if aluminum
alloy with inadequate heat treatment was used, and replacement if
necessary. The FAA issued AD 2017-05-12 to address structural parts
made of aluminum alloy with inadequate heat treatment, which could
result in reduced structural integrity of the airplane.
Actions Since AD 2017-05-12 Was Issued
Since AD 2017-05-12 was issued, it was determined that aluminum
alloy with inadequate heat treatment had been used for additional
structural parts.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0196, dated August 14, 2019
(``EASA AD 2019-0196'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A318-112 airplanes, Model A319-
111, -112, -115, -132, and -133 airplanes, Model A320-214, -216, -232,
and -233 airplanes, and Model A321-211, -212, -213, -231, and -232
airplanes. EASA AD 2019-0196 supersedes EASA AD 2015-0129, dated
November 3, 2015 (which corresponds to FAA AD 2017-05-12).
This proposed AD was prompted by a determination that aluminum
alloy with inadequate heat treatment was used for additional structural
parts not addressed in AD 2017-05-12. The FAA is proposing this AD to
address structural parts made of aluminum alloy with inadequate heat
treatment, which could result in reduced structural integrity of the
airplane. See the MCAI for additional background information.
Model A320-216 Airplanes
The Airbus SAS Model A320-216 was U.S. type certificated on
December 19, 2016. Before that date, any EASA ADs that affected Model
A320-216 airplanes were included in the U.S. type certificate as part
of the Required Airworthiness Actions List (RAAL). One or more Model
A320-216 airplanes have subsequently been placed on the U.S. Register,
and will now be included in FAA AD actions. For Model A320-216
airplanes, the requirements that correspond to AD 2017-05-12 were
mandated by the MCAI via the RAAL. Although that RAAL requirement is
still in effect, for continuity and clarity Model A320-216 airplanes
are identified in paragraph (c) of this AD; the MCAI that is specified
in paragraph (g) in this proposed AD includes restated requirements,
which would therefore apply to those airplanes.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2017-05-12, this proposed AD would retain all of the
requirements of AD 2017-05-12. Those requirements are referenced in
EASA AD 2019-0196, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0196 describes procedures for a one-time eddy current
conductivity measurement of certain cabin, cargo compartment, and frame
structural parts to determine if aluminum alloy with inadequate heat
treatment was used, and replacement if necessary. EASA AD 2019-0196
also describes, for certain airplanes, additional work (a one-time eddy
current conductivity measurement of certain other structural parts, and
replacement if necessary).
This material is reasonably available because the interested
parties have
[[Page 68378]]
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0196 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0196
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0196 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0196 that is required for compliance with EASA AD 2019-
0196 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2019-0978 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 63 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Retained actions from AD 6 work-hours x $85 per $0 $510.............................. $32,130.
2017[dash]05[dash]12. hour = $510.
New proposed actions.................. Up to 7 work[dash]hours x $0 Up to $595........................ Up to $37,485.
$85 per hour = $595.
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The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.
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.
The FAA is 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA has 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) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
[[Page 68379]]
2017-05-12, Amendment 39-18823 (82 FR 13382, March 13, 2017) and adding
the following new AD:
Airbus SAS: Docket No. FAA-2019-0978; Product Identifier 2019-NM-
163-AD.
(a) Comments Due Date
The FAA must receive comments by January 30, 2020.
(b) Affected ADs
This AD replaces AD 2017-05-12, Amendment 39-18823 (82 FR 13382,
March 13, 2017) (``AD 2017-05-12'').
(c) Applicability
This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0196, dated August 14, 2019 (``EASA AD 2019-0196'').
(1) Model A318-112 airplanes.
(2) Model A319-111, -112, -115, -132, and -133 airplanes.
(3) Model A320-214, -216, -232, and -233 airplanes.
(4) Model A321-211, -212, -213, -231, and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a determination that aluminum alloy with
inadequate heat treatment was used for certain structural parts,
including additional structural parts not addressed in AD 2017-05-
12. The FAA is issuing this AD to address structural parts made of
aluminum alloy with inadequate heat treatment, which could result in
reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0196.
(h) Exceptions to EASA AD 2019-0196
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0196 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0196 does not apply
to this AD.
(i) 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 (j)(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 2017-05-12 are approved as
AMOCs for the corresponding provisions of EASA AD 2019-0196 that are
required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0196 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(j) Related Information
(1) For information about EASA AD 2019-0196, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0978.
(2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-26673 Filed 12-13-19; 8:45 am]
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