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[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Proposed Rules]
[Pages 67625-67628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28368]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1167; Directorate Identifier 2011-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the

[[Page 67626]]

products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    One operator has reported a torn out aspirator following 
scheduled (for on-ground testing purposes) deployment of the Left 
Hand (LH) OWS [off-wing escape slide].
    Investigations have revealed that the aspirator of the off-wing 
ramp/slide system interferes with the extrusion lip of the OWS 
enclosure during the initial stage of the deployment sequence.
    This condition, if not corrected, could result in both LH and 
Right Hand (RH) off-wing exits being unserviceable which, during an 
emergency, would impair the safe evacuation of occupants, possibly 
resulting in personal injuries.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 19, 
2011.

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--EAS, 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 review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. 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; or in person at the Docket Operations office 
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, Washington 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-2011-1167; 
Directorate Identifier 2011-NM-058-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 2010-0210, dated October 21, 2010; corrected 
October 27, 2010 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    One operator has reported a torn out aspirator following 
scheduled (for on-ground testing purposes) deployment of the Left 
Hand (LH) OWS [off-wing escape slide].
    Investigations have revealed that the aspirator of the off-wing 
ramp/slide system interferes with the extrusion lip of the OWS 
enclosure during the initial stage of the deployment sequence.
    This condition, if not corrected, could result in both LH and 
Right Hand (RH) off-wing exits being unserviceable which, during an 
emergency, would impair the safe evacuation of occupants, possibly 
resulting in personal injuries.
    For the reasons described above, this [EASA] AD requires the 
modification of the OWS enclosures on both sides.
* * * * *
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-25-1649, dated February 16, 
2010. 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 the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 694 products of U.S. registry. We also estimate that 
it would take about 14 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here.

[[Page 67627]]

Based on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $825,860, or $1,190 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

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

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-1167; Directorate Identifier 2011-NM-
058-AD.

Comments Due Date

    (a) We must receive comments by December 19, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; and Model A320-111, -211, -
212, -214, -231, -232, and -233 airplanes; certificated in any 
category; all manufacturer serial numbers; except for airplanes 
delivered with Airbus Modification 30088 on which off-wing escape 
slides (OWS) having part numbers (P/N) D31865-111 and P/N D31865-112 
are installed.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One operator has reported a torn out aspirator following 
scheduled (for on-ground testing purposes) deployment of the Left 
Hand (LH) OWS [off-wing escape slide].
    Investigations have revealed that the aspirator of the off-wing 
ramp/slide system interferes with the extrusion lip of the OWS 
enclosure during the initial stage of the deployment sequence.
    This condition, if not corrected, could result in both LH and 
Right Hand (RH) off-wing exits being unserviceable which, during an 
emergency, would impair the safe evacuation of occupants, possibly 
resulting in personal injuries.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 36 months after the effective date of this AD, modify 
both left-hand and right-hand OWS enclosures, in accordance with the 
instructions in Airbus Service Bulletin A320-25-1649, dated February 
16, 2010.

Parts Installation

    (h) As of the effective date of this AD, no person may install 
an OWS having P/N D31865-109, P/N D31865-110, P/N D31865-209, or P/N 
D31865-210 on any airplane.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows:
    (1) The MCAI specifies that certain parts may not be installed 
after doing the modification. However, this AD specifies that those 
parts may not be installed as of the effective date of this AD.
    (2) The applicability of the MCAI is limited to manufacturer 
serial numbers (MSN) equipped with Air Cruisers/Aerazur P/N D31865-
109; P/N D31865-110; P/N D31865-209; or P/N D31865-210 OWS; however, 
this AD is applicable to all MSNs with the exception of airplanes 
delivered with Airbus Modification 30088 on which OWS having P/Ns 
D31865-111 and P/N D31865-112 are installed.
    (3) Although the applicability of the MCAI includes Model A318 
series airplanes, the airplane models identified in the effectivity 
of Airbus Service Bulletin A320-25-1649, dated February 16, 2010, 
are limited to Model A319 and Model A320 series airplanes. 
Therefore, the applicability of this AD does not include Model A318 
series airplanes.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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, Washington 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0210, dated 
October 21, 2010, corrected October 27, 2010; and Airbus Service 
Bulletin A320-25-1649, dated February 16, 2010; for related 
information.

[[Page 67628]]

    Issued in Renton, Washington, on October 21, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-28368 Filed 11-1-11; 8:45 a.m.]
BILLING CODE 4910-13-P
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