[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Proposed Rules]
[Pages 13885-13888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06590]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0168; Product Identifier 2017-NM-135-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 
certain Airbus Model A318, A319, and A320 series airplanes, and Model 
A321-111, -112, -131, -211, -212, -213, -231, -232, -251N, -253N, and -
271N airplanes. This proposed AD was prompted by a revision of an 
airworthiness limitations document that specifies more restrictive 
maintenance requirements and airworthiness limitations. This proposed 
AD would require revising the maintenance or inspection program, as 
applicable, to

[[Page 13886]]

incorporate the specified maintenance requirements and airworthiness 
limitations. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by May 17, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 [email protected]; internet http://www.airbus.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195.

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-2018-
0168; 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 NPRM, 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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

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-2018-0168; 
Product Identifier 2017-NM-135-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2017-0170, dated September 7, 2017 (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 A320 series airplanes, and Model A321-111, -112, -131, 
-211, -212, -213, -231, -232, -251N, -253N, and -271N airplanes. The 
MCAI states:

    The System Equipment Maintenance Requirements (SEMR) for Airbus 
A320 family aeroplanes, which are approved by EASA, are currently 
defined and published in the Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 4 document. These 
instructions have been identified as mandatory for continued 
airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2016-0093 [which corresponds to FAA 
AD 2017-19-24, Amendment 39-19054 (82 FR 44900, September 27, 2017) 
(``AD 2017-19-24'')] to require accomplishment of all maintenance 
tasks as described in ALS Part 4 at Revision 03. ALS Part 4 Revision 
04 was not mandated because no significant changes were introduced 
with this Revision. The new ALS Part 4 Revision 05 (hereafter 
referred to as `the ALS' in this [EASA] AD) includes new and/or more 
restrictive requirements and extends the applicability to model 
A320-251N, A320-271N, A321-251N, A321-253N and A321-271N aeroplanes.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0093, which is superseded, and requires 
accomplishment of all tasks as described in the ALS.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0168.

Relationship of Proposed AD to AD 2017-19-24

    This NPRM would not supersede AD 2017-19-24. Rather, we have 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require revising the 
maintenance or inspection program to incorporate the new maintenance 
requirements and airworthiness limitations. Accomplishment of the 
proposed actions would then terminate all of the requirements of AD 
2017-19-24.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 4, ``System Equipment Maintenance 
Requirements (SEMR),'' Revision 05, dated April 6, 2017. This service 
information describes preventive maintenance requirements and includes 
updated inspections and intervals to be incorporated into the 
maintenance or inspection program. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

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 these 
same type designs.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may 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 for an alternative method of compliance according to paragraph 
(j)(1) of this proposed AD. The request should include a description of 
changes to the required actions that will ensure the continued 
operational safety of the airplane.

[[Page 13887]]

Differences Between This Proposed AD and the MCAI or Service 
Information

    The 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. Operators of U.S.-registered airplanes 
are required by general airworthiness and operational regulations to 
perform maintenance using methods that are acceptable to the FAA. We 
consider those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD. This proposed AD therefore would apply to Airbus Model A318, A319, 
and A320 series airplanes, and Model A321-111, -112, -131, -211, -212, 
-213, -231, -232, -251N, -253N, and -271N airplanes with an original 
certificate of airworthiness or original export certificate of 
airworthiness that was issued on or before the date of approval of the 
ALS revision identified in this proposed AD. Operators of airplanes 
with an original certificate of airworthiness or original export 
certificate of airworthiness issued after that date must comply with 
the airworthiness limitations specified as part of the approved type 
design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 1,133 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although this 
figure may vary from operator to operator. In the past, we have 
estimated that this action takes 1 work-hour per airplane. Since 
operators incorporate maintenance or inspection program changes for 
their affected fleet(s), we have determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, we 
estimate the total cost per operator to be $7,650 (90 work-hours x $85 
per work-hour).

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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.

[[Page 13888]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2018-0168; Product Identifier 2017-NM-135-AD.

(a) Comments Due Date

    We must receive comments by May 17, 2018.

(b) Affected ADs

    This AD affects AD 2017-19-24, Amendment 39-19054 (82 FR 44900, 
September 27, 2017) (``AD 2017-19-24'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before April 6, 2017.
    (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, -216, -231, -232, -233, -251N, 
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -253N, and -271N airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a revision of an airworthiness 
limitations document that specifies more restrictive maintenance 
requirements and airworthiness limitations. We are issuing this AD 
to mitigate the risks associated with the effects of aging on 
airplane systems. Such effects could change system characteristics, 
leading to an increased potential for failure of certain life-
limited parts, and reduced structural integrity or controllability 
of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 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, ``System Equipment Maintenance Requirements (SEMR),'' 
Revision 05, dated April 6, 2017. The initial compliance time for 
doing the revised actions is at the applicable time specified in 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 4, ``System Equipment Maintenance Requirements (SEMR),'' 
Revision 05, dated April 6, 2017.

(h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (j)(1) of 
this AD.

(i) Terminating Action for AD 2017-19-24

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2017-19-24.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: [email protected]. 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.
    (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 
Section, Transport Standards Branch, 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 2017-0170, dated September 7, 
2017, 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 Docket No. FAA-2018-0168.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.
    (3) 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 [email protected]; internet http://www.airbus.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on March 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-06590 Filed 3-30-18; 8:45 am]
 BILLING CODE 4910-13-P


