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[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Proposed Rules]
[Pages 49724-49727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19979]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / 
Proposed Rules

[[Page 49724]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0574; Directorate Identifier 2013-NM-258-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus Model A318 series airplanes, Model A319 series airplanes, Model 
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321 
series airplanes. This proposed AD was prompted by a report of skin 
disbonding on a composite side shell panel of a rudder. This proposed 
AD would require an inspection to determine if any rudder composite 
side shell panel has been repaired, a thermography inspection of each 
rudder that has received this repair, and related investigative and 
corrective actions if necessary. We are proposing this AD to detect and 
correct skin disbonding on the rudder, which could affect the 
structural integrity of the rudder, possibly resulting in reduced 
control of the airplane.

DATES: We must receive comments on this proposed AD by October 6, 2014.

ADDRESSES: You may send comments 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 proposed 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 account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0574; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0574; 
Directorate Identifier 2013-NM-258-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0302, dated December 19, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A case of skin disbonding was reported on a composite side shell 
panel of a rudder installed on an A310 aeroplane. Investigation 
results revealed that this disbonding had started from a skin panel 
area, previously repaired in-service, in accordance with Structural 
Repair Manual (SRM) instructions. The initial damage was identified 
as a disbonding between the core and the skin of the repaired area. 
This damage was not visually detectable and likely propagated during 
normal operation due to the variation of pressure during ground-air-
ground cycles.
    Composite rudder side shell panels are also installed on A320 
family aeroplanes, which may have been repaired in-service using a 
similar method.
    This condition, if not detected and corrected, could affect the 
structural integrity of the rudder, possibly resulting in reduced 
control of the aeroplane.
    To address this potential unsafe condition, Airbus issued 
Service Bulletin (SB) A320-55-1041 to provide instructions to 
inspect and correct any affected composite rudder side shell panels.
    For the reasons described above, this [EASA] AD requires [an 
inspection to determine if any rudder composite side shell panel has 
been repaired], a one-time [pulse] thermography inspection of each 
rudder that have received a composite rudder side shell panel 
repair, and, depending on the findings, accomplishment of applicable 
corrective and follow-up actions [related investigative actions and 
repetitive inspections].

    The related investigative actions include elasticity laminate 
checker (ELCH) inspections, ultrasonic testing (UT) inspections, pulse 
thermography inspections, and tap test or woodpecker inspections. The 
repetitive inspections include ELCH inspections, UT inspections, pulse 
thermography inspections, and detailed inspections

[[Page 49725]]

(certain repetitive inspections are required if hole restoration is 
done; certain other repetitive inspections are options for certain 
corrective actions). The corrective actions include core venting 
through the inner skin, replacements, restorations, and repairs.
    Depending on the applicable conditions identified in paragraph 
1.E., ``Compliance,'' of Airbus Service Bulletin A320-55-1041, dated 
November 26, 2012, the compliance times for the related investigative 
actions range from within 24 months to before further flight after 
accomplishing certain inspections.
    The intervals for the repetitive inspections range from 750 flight 
cycles to 1,000 flight cycles, depending on the applicable conditions 
identified in paragraph 1.E., ``Compliance,'' of Airbus Service 
Bulletin A320-55-1041, dated November 26, 2012.
    Depending on the applicable conditions identified in paragraph 
1.E., ``Compliance,'' of Airbus Service Bulletin A320-55-1041, dated 
November 26, 2012, the compliance times for the corrective actions 
range from before further flight to 4,500 flight cycles but not to 
exceed 24 months after accomplishing the applicable inspection.
    The term ``findings,'' as used in this proposed AD, includes (but 
is not limited to) fluid ingress, damage, loose or lost tape, and 
repairs.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0574.

Relevant Service Information

    Airbus has issued Service Bulletin A320-55-1041, dated November 26, 
2012. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this proposed AD.

[[Page 49726]]

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S. 
registry.
    We also estimate that it would take about 42 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $3,038,070, or 
$3,570 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave., SW., Washington, DC 
20591, ATTN: Information Collection Clearance Officer, AES-200.

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 proposed regulation is 
within the scope of that authority because it addresses an unsafe 
condition that is likely to exist or develop on products identified in 
this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2014-0574; Directorate Identifier 2013-NM-
258-AD.

(a) Comments Due Date

    We must receive comments by October 6, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, all 
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

 (d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a report of skin disbonding on a 
composite side shell panel of a rudder. We are issuing this AD to 
detect and correct skin disbonding on the rudder, which could affect 
the structural integrity of the rudder, possibly resulting in 
reduced control of the airplane.

(f) Compliance

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

(g) Inspection To Determine Repair Status

    Within 24 months after the effective date of this AD: Inspect 
the airplane maintenance records to determine if the rudder 
composite side shell panel has been repaired since first 
installation of the rudder on an airplane.

(h) Inspection of Certain Repaired Rudders

    If the finding of the inspection required by paragraph (g) of 
this AD reveals that a rudder repair has been done as described in 
Figure A-GBBAA (Sheet 01 and 02) or Figure A-GBCAA (Sheet 02) of 
Airbus Service Bulletin A320-55-1041, dated November 26, 2012: 
Within 24 months after the effective date of this AD, do a pulse 
thermography inspection on the rudder, limited to the repaired 
area(s), to determine type, location, and size of the repair, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-55-1041, dated November 26, 2012.

(i) Inspection of Rudders With No Records or Incomplete Records

    For each rudder for which maintenance records are not available 
or are incomplete: Do the actions required by paragraphs (i)(1) and 
(i)(2) of this AD.
    (1) Not later than 3 months before accomplishment of the pulse 
thermography inspection required by paragraph (i)(2) of this AD, 
send the records of each rudder by serial number to Airbus.
    (2) Within 24 months after the effective date of this AD, do a 
pulse thermography inspection on complete rudder side shells to 
identify and mark the repair location, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-55-1041, 
dated November 26, 2012.

(j) Related Investigative Actions, Repetitive Inspections, and 
Corrective Actions

    After accomplishing the inspections required by paragraphs (h) 
and (i) of this AD, as applicable: Depending on findings, do the 
applicable actions specified in paragraphs (j)(1) and (j)(2) of this 
AD, in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A320-55-1041, dated November 26, 2012, except as 
required by paragraph (l)(2) of this AD. Findings are specified in 
Airbus Service Bulletin A320-55-1041, dated November 26, 2012.
    (1) Do all applicable related investigative actions and 
corrective actions at the applicable times specified in Tables 3, 
4A, 4B, 4C, 4D, and 5 in paragraph 1.E.(2),

[[Page 49727]]

``Accomplishment Timescale,'' of Airbus Service Bulletin A320-55-
1041, dated November 26, 2012, except as required by paragraph 
(l)(1) of this AD.
    (2) Do all applicable repetitive inspections of the restored and 
repaired areas at the applicable intervals specified in Tables 3, 
4A, 4B, 4C, 4D, and 5 in paragraph 1.E.(2), ``Accomplishment 
Timescale,'' of Airbus Service Bulletin A320-55-1041, dated November 
26, 2012.

(k) Airplanes Excluded From Certain Requirements

    Airplanes fitted with a rudder having a serial number which is 
not in the range TS-1001 to TS-1639 inclusive, or TS-2001 to TS-5890 
inclusive; or is not TS-5927; are not affected by the requirements 
of paragraphs (h), (i), and (j) of this AD, provided it is 
determined that no repairs have been done as described in the 
structural repair manual (SRM) procedures identified in Figure A-
GBBAA (Sheet 01 and 02) or Figure A-GBCAA (Sheet 02) of Airbus 
Service Bulletin A320-55-1041, dated November 26, 2012, on the 
composite side shell panel of that rudder since first installation 
on an airplane.

(l) Exception to Service Information

    (1) Where the service bulletin specifies a compliance time 
``after the original Service Bulletin issue date,'' this AD requires 
compliance within the specified compliance time after the effective 
date of this AD.
    (2) If any damage or fluid ingress is found during any 
inspection required by this AD and Airbus Service Bulletin A320-55-
1041, dated November 26, 2012, specifies to contact Airbus: Before 
further flight, repair using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA); or Airbus's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(m) Parts Installation Limitation

    As of the effective date of this AD, in case of rudder 
replacement, it is allowed to install a rudder on an airplane, 
provided that prior to installation the rudder is determined to be 
compliant with the requirements of paragraphs (h), (i), (j), and (k) 
of this AD.

(n) Repair Prohibition

    As of the effective date of this AD, do not accomplish a 
composite side shell panel repair on any rudder using an SRM 
procedure identified in Figure A-GBBAA (Sheet 01 and 02) or Figure 
A-GBCAA (Sheet 02) of Airbus Service Bulletin A320-55-1041, dated 
November 26, 2012.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1405; fax 425-227-1149. Information may be 
emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0302, dated December 19, 2013, 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 it in Docket No. 
FAA-2014-0574.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may view this service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.

     Issued in Renton, Washington, on August 15, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19979 Filed 8-21-14; 8:45 am]
BILLING CODE 4910-13-P
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