41938 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

licensed under 10 CFR part 72 and the 

different fuel types and high-level 

radioactive wastes that may be stored at 

those facilities. 

IV. Determination of Petition 

The NRC has reviewed the petition 

and related public comments. Based on 

its review, the NRC believes that the six 

issues raised in the petition should be 

considered in the rulemaking process. 

Further NRC action on the issues 

raised in PRM–72–7 can be monitored 

on the Federal rulemaking Web site, 

http://www.regulations.gov, by 

searching on Docket ID NRC–2014– 

0067, which is the identification for the 

future rulemaking. In addition, the 

Federal rulemaking Web site allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe for alerts: (1) Navigate to the 

docket folder (NRC–2014–0067); (2) 

click the ‘‘Sign up for Email Alerts’’ 

link; and (3) enter your email address 

and select how frequently you would 

like to receive emails (daily, weekly, or 

monthly). The NRC tracks all 

rulemaking actions on its Web site at 

http://www.nrc.gov/reading-rm/doccollections/rulemaking-ruleforum/. 

For the reasons cited in this 

document, the NRC will consider this 

petition in its rulemaking process. The 

docket for the petition, PRM–72–7, is 

closed. 

Dated at Rockville, Maryland, this 27th day 

of June, 2014. 

For the Nuclear Regulatory Commission. 

Darren B. Ash, 

Acting Executive Director for Operations. 

[FR Doc. 2014–16965 Filed 7–17–14; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0452; Directorate 

Identifier 2013–NM–185–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, A319, A320, and 

A321 series airplanes. This proposed 

AD was prompted by a determination 

that more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the 

maintenance or inspection program as 

applicable. We are proposing this AD to 

prevent a safety-significant latent failure 

(which is not annunciated) which, in 

combination with one or more other 

specific failures or events, would result 

in a hazardous or catastrophic failure 

condition. 

DATES: We must receive comments on 

this proposed AD by September 2, 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– 

0452; 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–2014–0452; Directorate Identifier 

2013–NM–185–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 2013–0148, 

dated July 16, 2013 (referred to after this 

as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for all Airbus Model A318, A319, A320, 

and A321 series airplanes. The MCAI 

states: 

The airworthiness limitations for Airbus 

aeroplanes are currently published in 

Airworthiness Limitations Section (ALS) 

documents. The airworthiness limitations 

applicable to the Certification Maintenance 

Requirements (CMR) were previously 

specified in AIRBUS A318/A319/A320/A321 

CMR document referenced AI/ST4/993.436/

88. 

DGAC France issued AD F–2005–101 

[(http://ad.easa.europa.eu/blob/easa_ad_

2005_5886_F20051010tb_superseded.pdf/

AD_F-2005-101_2)] (EASA approval 2005– 

5886) to require compliance with the 

maintenance tasks as specified in that 

document. 

Since that [DGAC France] AD was issued, 

the CMR tasks are specified in Airbus A318/ 

A319/A320/A321 ALS Part 3, which is 

approved by EASA. The original issue of this 

document introduced more restrictive 

maintenance requirements and/or 

airworthiness limitations. Failure to comply 

with the maintenance requirements 

contained in this document could result in 

an unsafe condition. 

For the reasons described above, this 

[EASA] AD supersedes DGAC France AD F– 

2005–101 and requires the implementation of 

the instructions and airworthiness 

limitations as specified in Airbus A318/

A319/A320/A321 ALS Part 3 Revision 01. 

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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 41939 

The unsafe condition is a safetysignificant latent failure (which is not 

annunciated) which, in combination 

with one or more other specific failures 

or events, would 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 it in Docket No. FAA– 

2014–0452. 

Relevant Service Information 

Airbus has issued Airbus A318/A319/ 

A320/A321 Airworthiness Limitations 

Section (ALS) Part 3, Certification 

Maintenance Requirements (CMR), 

Revision 1, dated June 15, 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 the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

The EASA MCAI specifies that if 

there are findings from the ALS 

inspection tasks, corrective actions must 

be accomplished in accordance with 

Airbus maintenance documentation. 

However, this proposed AD does not 

include that requirement because 

operators of U.S.-registered airplanes are 

required by general airworthiness and 

operational regulations to use FAAacceptable methods when performing 

maintenance. We consider those 

methods to be adequate to address any 

corrective actions necessitated by the 

findings of ALS inspections required by 

this proposed AD. 

‘‘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. 

We have become 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 ADmandated 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 action 

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 FAAapproved. 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 

AD. 

Costs of Compliance 

We estimate that this proposed AD 

affects 851 airplanes of U.S. registry. 

We also estimate that it would take 

about 1 work-hour 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. 

Based on these figures, we estimate the 

cost of this proposed AD on U.S. 

operators to be $72,335, 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. 

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); 

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41940 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus: Docket No. FAA–2014–0452; 

Directorate Identifier 2013–NM–185–AD. 

(a) Comments Due Date 

We must receive comments by September 

2, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A318– 

111, –112, –121, and –122 airplanes; Model 

A319–111, –112, –113, –114, –115, –131, 

–132, and –133 airplanes; and Model A320– 

111, –211, –212, –214, –231, –232, and –233 

airplanes; Model A321–111, –112, –131, 

–211, –212, –213, –231, and –232 airplanes; 

certificated in any category; all manufacturer 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits and 

Maintenance Checks. 

(e) Reason 

This AD was prompted by a determination 

that more restrictive airworthiness 

limitations are necessary. We are issuing this 

AD to prevent a safety-significant latent 

failure (which is not annunciated) which, in 

combination with one or more other specific 

failures or events, would result in a 

hazardous or catastrophic failure condition. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Maintenance or Inspection Program 

Revision 

Within 30 days after the effective date of 

this AD, 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 the effective date of this 

AD, whichever occurs later. 

(h) No Alternative Actions or Intervals 

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 in accordance with the 

procedures specified in paragraph (i) of this 

AD. 

(i) 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, 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) 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. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2013–0148, dated July 16, 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– 

0452. 

(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 July 13, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–16948 Filed 7–17–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0453; Directorate 

Identifier 2013–NM–205–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 certain 

Airbus Model A320–211, –212, –214, 

–231, –232, and –233 airplanes. This 

proposed AD was prompted by a report 

of cracking at the splice plate of a frame 

butt joint crossing area found during 

full-scale fatigue testing. This proposed 

AD would require repetitive inspections 

for cracking of both sides of the splice 

plate of that frame butt joint crossing 

area, and corrective action if necessary. 

This proposed AD would also provide 

for an optional modification, which 

would terminate the repetitive 

inspections. We are proposing this AD 

to detect and correct fatigue cracking of 

the splice plate of the frame 47 butt joint 

crossing area, which could result in 

reduced structural integrity of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by September 2, 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. 

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