
[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Proposed Rules]
[Pages 50872-50875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0585; Directorate Identifier 2013-NM-248-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, and A321 series airplanes; and Model A320-211, 
-212, -214, -231, -232, and -233 airplanes. This proposed AD was 
prompted by a report of corrosion found during the manufacturing 
process for some oxygen pipe assemblies that are used to supply oxygen 
to the flight crew. This proposed AD would require an inspection to 
determine the batch number or installation date of the oxygen pipe 
assembly that is installed at the end of the right-hand crew 
distribution line, and, if necessary, replacement of the pipe. We are 
proposing this AD to detect and correct corrosion, which could lead to 
blocked or reduced oxygen supply to a flight crew member during a 
decompression event or a smoke/fire event in the cockpit. Under certain 
conditions, corrosion particles could increase the risk of fire in the 
cockpit.

DATES: We must receive comments on this proposed AD by October 10, 
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-
0585; 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-2014-0585; 
Directorate Identifier 2013-NM-248-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.

[[Page 50873]]

    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 2013-0278, dated November 26, 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, and A321 series airplanes; and Model A320-211, -212, -214, 
-231, -232, and -233 airplanes. The MCAI states:

    Some oxygen pipe assemblies, Part Number (P/N) D3511032000640, 
have been found corroded during manufacturing at supplier level. The 
affected pipe assembly is installed at the end of the right hand 
(RH) crew distribution line, just upstream of the First Officer and 
RH Observer oxygen mask boxes.
    The investigation showed that the affected pipes had been heat 
treated just 4 weeks before the summer factory closure and were only 
cleaned after re-opening of the factory. During this interruption, 
corrosion developed in these pipes.
    This condition, if not detected and corrected, could lead to 
blocked or reduced oxygen supply to one flight crew member in case 
of decompression or smoke/fire in the cockpit. In addition, the 
presence of particles in oxygen lines, under certain conditions, 
increases the risk of fire in the cockpit.
    The parts manufacturer identified the batch numbers of the 
potentially affected pipes that were manufactured in a specific 
period in 2011. Based on that information, Airbus has identified the 
aeroplanes on which those pipes have been installed on the 
production line and has issued Service Bulletin (SB) A320-35-1069, 
containing instructions to remove the affected pipes from service.
    For the reasons described above, this [EASA] AD requires the 
identification of the affected oxygen pipes P/N D3511032000640, and 
for those included in the affected batches, replacement of the 
oxygen pipe. This [EASA] AD also prohibits installation of any of 
the affected pipes on other aeroplanes.

    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-2014-0585.

Relevant Service Information

    Airbus has issued Service Bulletin A320-35-1069, dated April 26, 
2013. 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.

``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

[[Page 50874]]

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.

Costs of Compliance

    We estimate that this proposed AD affects 2 airplanes of U.S. 
registry.
    We also estimate that it would take about 2 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 $340, or $170 per 
product.
    In addition, we estimate that any necessary follow-on actions would 
take about 5 work-hours, for a cost of $425 per product. We have no way 
of determining the number of aircraft that might need this action.

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-2014-0585; Directorate Identifier 2013-NM-
248-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2014.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by a report of corrosion found during the 
manufacturing process for some oxygen pipe assemblies that are used 
to supply oxygen to the flight crew. We are issuing this AD to 
detect and correct corrosion, which could lead to blocked or reduced 
oxygen supply to a flight crew member during a decompression event 
or a smoke/fire event in the cockpit. Under certain conditions, 
corrosion particles could increase the risk of fire in the cockpit.

(f) Compliance

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

(g) Inspecting for Part Numbers and Replacement

    For airplanes identified in paragraph 1.A. of Airbus Service 
Bulletin A320-35-1069, dated April 26, 2013: Within 7,500 flight 
hours or 26 months after the effective date of this AD, whichever 
occurs first, inspect the crew oxygen pipe, having part number (P/N) 
D3511032000640, to determine the batch number of that pipe, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-35-1069, dated April 26, 2013. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
batch number of the pipe can be conclusively determined from that 
review. If the batch number of the oxygen pipe is 19356252, 
40008586, 40076689, 40187414, 40292749, 40405164, 40649383, 
40724994, 40820410, or 40911832, within 7,500 flight hours or 26 
months after the effective date of this AD, whichever occurs first, 
replace the oxygen pipe with a serviceable part, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-35-
1069, dated April 26, 2013.

(h) Inspection for Part Number of Crew Oxygen Pipe

    For airplanes not identified in paragraph 1.A. of Airbus Service 
Bulletin A320-35-1069, dated April 26, 2013: Within 7,500 flight 
hours or 26 months after the effective date of this AD, whichever 
occurs first, inspect the crew oxygen pipe to determine whether P/N 
D3511032000640 was installed after June 2011. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
part number and installation date of the pipe can be conclusively 
determined from that review. If the pipe was installed after June 
2011, or the date cannot be conclusively determined, before further 
flight, do the actions required in paragraph (g) of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install, on any 
airplane, a crew oxygen pipe P/N D3511032000640, that is identified 
as belonging to batch number 19356252, 40008586, 40076689, 40187414, 
40292749, 40405164, 40649383, 40724994, 40820410, or 40911832.

(j) 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,

[[Page 50875]]

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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0278, dated November 26, 
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-2014-0585.
    (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.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20261 Filed 8-25-14; 8:45 am]
BILLING CODE 4910-13-P


