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[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57003-57005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22041]

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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; 
Amendment 39-17189; AD 2012-18-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A318, A319, and A320 series airplanes. This AD was 
prompted by a report of a torn out aspirator due to the aspirator 
interfering with the extrusion lip of the off-wing escape slide (OWS) 
enclosure during the initial stage of the deployment sequence. This AD 
requires modifying the OWS enclosures on both sides. We are issuing 
this AD to prevent both off-wing exits from being inoperative, which, 
during an emergency, would impair the safe evacuation of occupants, 
possibly resulting in personal injuries.

DATES: This AD becomes effective October 22, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 22, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

[[Page 57004]]

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:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That SNPRM was published in the Federal Register on June 11, 
2012 (77 FR 34283). That SNPRM proposed 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 [European Aviation Safety 
Agency (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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM (77 FR 34283, June 11, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (77 FR 34283, June 11, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 34283, June 11, 2012).

Costs of Compliance

    We estimate that this AD will affect about 694 products of U.S. 
registry. We also estimate that it will take about 14 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts will 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. Based on these figures, we estimate the cost of this AD to the 
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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 the NPRM (76 FR 67625, November 2, 
2011), SNPRM (77 FR 34283, June 11, 2012), 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.

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 adding the following new AD:

2012-18-12 Airbus: Amendment 39-17189. Docket No. FAA-2011-1167; 
Directorate Identifier 2011-NM-058-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 22, 
2012.

(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; certificated in any category; all manufacturer serial 
numbers; except for airplanes on which off-wing escape slides (OWS) 
having part number (P/N) D31865-111 and P/N D31865-112 are installed.

(d) Subject

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

[[Page 57005]]

(e) Reason

    This AD was prompted by a report of a torn out aspirator due to the 
aspirator interfering with the extrusion lip of the OWS enclosure 
during the initial stage of the deployment sequence. We are issuing 
this AD to prevent both off-wing exits from being inoperative, which, 
during an emergency, would impair the safe evacuation of occupants, 
possibly resulting in personal injuries.

(f) Compliance

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

(g) Modification

    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.

(h) Parts Installation Prohibition

    After accomplishing the modification required by paragraph (g) 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 that airplane.

(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, 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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency 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.

(k) 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 the AD specifies otherwise.
    (i) Airbus Service Bulletin A320-25-1649, dated February 16, 2010.
    (ii) Reserved.
    (3) For service information identified in this 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.
    (4) You may review copies of the 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.
    (5) 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/index.html. http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 31, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-22041 Filed 9-14-12; 8:45 am]
BILLING CODE 4910-13-P
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