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[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Proposed Rules]
[Pages 47028-47031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19013]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0526; Directorate Identifier 2013-NM-141-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus 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 all 
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed 
AD was prompted by a determination that the maintenance actions for 
airplane systems susceptible to aging must be mandated. This proposed 
AD would require revising the maintenance or inspection program to 
incorporate more restrictive maintenance requirements and airworthiness 
limitations. We are proposing this AD to mitigate the risks associated 
with aging effects of airplane systems. Such aging effects could change 
the characteristics leading to an increased potential for failure, 
which could result in failure of certain life limited parts, and could 
reduce the structural integrity or reduce controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by September 26, 
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-
0526; 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 
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

[[Page 47029]]

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-2014-0526; 
Directorate Identifier 2013-NM-141-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 2013-0146, dated July 16, 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:

    The airworthiness limitations for Airbus aeroplanes are 
currently published in Airworthiness Limitations Section (ALS) 
documents.
    The airworthiness limitations applicable to the Ageing Systems 
Maintenance (ASM) are given in Airbus A318/A319/A320/A320/A321 ALS 
Part 4, which is approved by [European Aviation Safety Agency] EASA.
    Revision 01 of AIRBUS A318/A319/A320/A321 ALS Part 4 introduces 
more restrictive maintenance requirements and/or airworthiness 
limitations. Failure to comply with these instructions could result 
in an unsafe 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-
2014-0526.

Relevant Service Information

    Airbus has issued A318/A319/A320/A321 Airworthiness Limitations 
Section, ALS Part 4, ``Ageing Systems Maintenance,'' 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.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new or revised actions (e.g., inspections). 
Compliance with these actions is required by section 91.403(c) of the 
Federal Aviation Regulations (14 CFR 91.403(c)). For airplanes that 
have been previously modified, altered, or repaired in the areas 
addressed by these actions, an operator might not be able to accomplish 
the actions described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), the operator must request approval of an 
alternative method of compliance (AMOC) in accordance with the 
provisions of paragraph (i) of this proposed AD. The request should 
include a description of changes to the required inspections that will 
ensure the continued operational safety of the airplane.

Difference Between This Proposed AD and the MCAI

    The EASA AD specifies that if there are findings from the 
Airworthiness Limitations Section (ALS) inspection tasks, then 
corrective action 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 
FAA-acceptable 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 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 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 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.

[[Page 47030]]

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. 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);
    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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2014-0526; Directorate Identifier 2013-NM-
141-AD.

(a) Comments Due Date

    We must receive comments by September 26, 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; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Airbus 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/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that the maintenance 
actions for airplane systems susceptible to aging must be mandated. 
We are issuing this AD to mitigate the risks associated with the 
aging effects of airplane systems. Such aging effects could change 
the characteristics leading to an increased potential for failure, 
which could result in failure of certain life limited parts, and 
could reduce the structural integrity of the airplane or reduce the 
controllability of the airplane.

(f) Compliance

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

(g) Revise Maintenance or Inspection Program

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section, ALS 
Part 4, ``Ageing Systems Maintenance,'' Revision 01, dated June 15, 
2012. The initial compliance time for doing the actions is at the 
applicable time specified in A318/A319/A320/A321 Airworthiness 
Limitations Section, ALS Part 4, ``Ageing Systems Maintenance,'' 
Revision 01, dated June 15, 2012; or within 2 weeks after revising 
the maintenance or inspection program; whichever occurs later.

(h) No Alternative Actions or Intervals

    After accomplishing the revision 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 (AMOC) 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, 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0146, 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-2014-0526.
    (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 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.

[[Page 47031]]

    Issued in Renton, Washington, on August 1, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19013 Filed 8-11-14; 8:45 am]
BILLING CODE 4910-13-P
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