
[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Proposed Rules]
[Pages 5617-5620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02926]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0018; Product Identifier 2018-NM-116-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-07-
12, which applies to certain Airbus SAS Model A318, A319, A320, and 
A321 series airplanes. AD 2016-07-12 requires repetitive inspections 
for damage and cracking of the aft fixed fairing (AFF) of the pylons, 
and repair if necessary. Since we issued AD 2016-07-12, we have 
received reports of cracks on a certain rib of a modified AFF of the 
pylons. This proposed AD would retain the repetitive inspections 
required by AD 2016-07-12, and require additional repetitive 
inspections at the upper spar at a certain rib area and corrective 
actions if necessary. We are proposing this AD to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by April 8, 2019.

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 the incorporation by reference (IBR) material described in the 
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY 
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 89990 1000; email ADs@easa.europa.eu; 
internet www.easa.europa.eu. You may find this IBR material on the EASA 
website at https://ad.easa.europa.eu. You may view this IBR material 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. It is also available in the AD docket on the 
internet at http://www.regulations.gov.

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-2019-
0018; 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0018; 
Product Identifier 2018-NM-116-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

    We issued AD 2016-07-12, Amendment 39-18457 (81 FR 19482, April 5, 
2016) (``AD 2016-07-12''), for certain Airbus SAS Model A318, A319, 
A320, and A321 series airplanes. AD 2016-07-12 requires repetitive 
inspections for damage and cracking of the AFF of the pylons, and 
repair if necessary. AD 2016-07-12 resulted from reports of cracking of 
the AFF of the pylons due to fatigue damage of the structure. We issued 
AD 2016-07-12 to address such damage and cracking of the AFF of the 
pylons, which could result in detachment of a pylon and consequent 
reduced structural integrity of the airplane.

Actions Since AD 2016-07-12 Was Issued

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0137, dated June 28, 2018 (``EASA AD 2018-0137'') (also referred 
to as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for certain Airbus SAS Model 
A318-111, -112; Model A319-111, -112, -113, -114, -115; Model A320-211, 
-212, -214, -216; and Model A321-111, -112, -211, -212, -213 airplanes. 
The MCAI states:

    On aeroplanes equipped with post-mod 33844 CFM pylons, several 
operators reported finding cracks on the Aft Fixed Fairing (AFF). 
After material analysis, it appeared that the pylon AFF structure, 
especially on this configuration, was subject to fatigue-induced 
damage which could lead to pylon AFF cracks.
    This condition, if not detected and corrected, could lead to 
detachment of a pylon AFF from the aeroplane, possibly resulting in 
injury to persons on the ground.
    To address this unsafe condition, Airbus published Alert 
Operators Transmission (AOT) A54N002-12, providing inspection 
instructions. Thereafter, Airbus issued Service Bulletin (SB) A320-
54-1027, later revised, superseding AOT A54N002-12. EASA issued AD 
2014-0154 [which corresponds to FAA AD 2016-07-12] to require 
repetitive inspections of the pylon AFF and, depending on findings, 
replacement.
    Since that [EASA] AD was issued, Airbus developed mod 156593 to 
increase the fatigue life of the pylon AFF structure by using a 
different material and introducing thermal treatment of the 
aluminium sheets parts. Prompted by new findings of cracks on rib 
15, it was determined that this area also needs to be inspected to 
ensure the structural integrity of the new pylon AFF. Airbus further 
revised SB A320-54-1027, including instructions for repetitive 
inspection of that area. Repetitive inspections are also required on 
post-mod 156593 aeroplanes.

[[Page 5618]]

    Airbus also developed mod 159806 and 156765, redesigning the 
corner fittings at the junction upper spar and rib 15, which 
constitutes terminating action for the repetitive inspections. For 
retrofit purposes, Airbus issued SB A320-54-1035 and SB A320-54-
1036, later revised, providing instructions to modify and re-
identify the pylon AFF, which constitutes terminating action for the 
repetitive inspections.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2014-0154, which is superseded, and requires 
repetitive inspections of the upper spar at rib 15 area and, 
depending on findings, accomplishment of applicable corrective 
action(s). This [EASA] AD also includes references to optional 
terminating actions, and provides installation requirements for the 
new pylon AFF.

Model A320-216 Airplanes

    The Airbus SAS Model A320-216 was U.S. type certificated on 
December 19, 2016. Before that date, any EASA ADs that affected Model 
A320-216 airplanes were included on the Required Airworthiness Actions 
List (RAAL). One or more Model A320-216 airplanes have subsequently 
been placed on the U.S. Register, and will now be included in FAA AD 
actions. For Model A320-216 airplanes, the requirements that correspond 
to AD 2016-07-12 were mandated by the MCAI via the RAAL. Although that 
RAAL requirement is still in effect, for continuity and clarity we have 
identified Model A320-216 airplanes in paragraph (c) of this AD; the 
MCAI that is specified in paragraph (g) in this proposed AD includes 
restated requirements, which would therefore apply to those airplanes.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2016-07-12, this proposed AD would retain all of the 
requirements of AD 2016-07-12. Those requirements are referenced in 
EASA AD 2018-0137, dated June 28, 2018, which, in turn, is referenced 
in paragraph (g) of this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0137, dated June 28, 2018, describes procedures for 
repetitive inspections for pre- and post-Airbus SAS modification 156593 
airplanes, corrective actions, and optional terminating actions for the 
repetitive inspections. Corrective actions include modifications and 
repair. This material 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 and it is publicly 
available through the EASA website.

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 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.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA worked with Airbus and EASA to develop a process to 
use certain EASA ADs as the primary source of information for 
compliance with requirements for corresponding FAA ADs. As a result, 
EASA AD 2018-0137 will be incorporated by reference in the FAA final 
rule. This proposed AD would therefore require compliance with the 
provisions specified in EASA AD 2018-0137, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information specified in EASA AD 2018-0137 that is required for 
compliance with EASA AD 2018-0137 will be available at http://www.regulations.gov under Docket No. FAA-2019-0018 after the FAA final 
rule is published.

Differences Between This Proposed AD and the Service Information/MCAI

    Although paragraph (3) of EASA AD 2018-0137 and Airbus Service 
Bulletin A320-54-1027, Revision 04, dated June 4, 2018, specify 
accomplishing the initial detailed and special detailed inspections of 
the AFF of the pylons on aircraft, or the detailed inspection of the 
AFF of the pylons on bench before exceeding 10,000 flight cycles or 
15,000 flight hours since airplane first flight, whichever occurs 
first, this proposed AD would require operators to accomplish these 
inspections before exceeding 10,000 flight cycles or 15,000 flight 
hours since embodiment of Airbus modification 156593, whichever occurs 
first. This difference has been coordinated with EASA.
    Where paragraph (5) of EASA AD 2018-0137 provides credit for 
actions accomplished in accordance with Airbus Service Bulletin A320-
54-1027, Revision 02, dated January 12, 2017; or Airbus Service 
Bulletin A320-54-1027, Revision 03, dated September 22, 2017; this 
proposed AD would not provide credit for actions accomplished in 
accordance with the above referenced service information because of the 
additional work required by Airbus Service Bulletin A320-54-1027, 
Revision 04, dated June 4, 2018.

Costs of Compliance

    We estimate that this proposed AD affects 205 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                          Estimated Costs for Required Actions
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                Action                           Labor cost             Parts cost            Cost per product               Cost on U.S. operators
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Retained actions from AD 2016-07-12..  4 work-hours x $85 per hour =              $0  $340............................  $69,700.
                                        $340.
New proposed actions.................  Up to 21 work-hours x $85 per               0  Up to $1,785....................  Up to $365,925.
                                        hour = $1,785.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 70 work-hours x $85 per hour =     Up to $32,800......................  Up to $38,750.
 $5,950.
----------------------------------------------------------------------------------------------------------------


[[Page 5619]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage for 
affected individuals. As a result, we have included all known costs in 
our cost estimate.

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 and associated appliances 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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2016-07-12, Amendment 39-18457 (81 FR 19482, April 5, 2016), and adding 
the following new AD:

Airbus SAS: Docket No. FAA-2019-0018; Product Identifier 2018-NM-
116-AD.

(a) Comments Due Date

    We must receive comments by April 8, 2019.

(b) Affected ADs

    This AD replaces AD 2016-07-12, Amendment 39-18457 (81 FR 19482, 
April 5, 2016) (``AD 2016-07-12'').

(c) Applicability

    This AD applies to Airbus SAS Model A318-111, -112; Model A319-
111, -112, -113, -114, -115; Model A320-211, -212, -214, -216; and 
Model A321-111, -112, -211, -212, -213 airplanes, certificated in 
any category, as identified in the European Aviation Safety Agency 
(EASA) AD 2018-0137, dated June 28, 2018 (``EASA AD 2018-0137'').

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by reports of cracking of the aft fixed 
fairing (AFF) of the pylons due to fatigue damage of the structure 
and reports of cracks on a certain rib of a modified AFF of the 
pylons. We are issuing this AD to address damage and cracking of the 
AFF of the pylons, which could result in detachment of a pylon and 
consequent reduced structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0137.

(h) Exceptions to EASA AD 2018-0137

    (1) For purposes of determining compliance with the requirements 
of this AD, use the following paragraphs.
    (i) Where EASA AD 2018-0137 refers to its effective date, this 
AD requires using the effective date of this AD.
    (ii) Where EASA AD 2018-0137 refers to a compliance time of 
after July 16, 2014, this AD requires using May 10, 2016, (the 
effective date of AD 2016-07-12).
    (2) The ``Remarks'' section of EASA AD 2018-0137 does not apply.
    (3) Where paragraph (3) of EASA AD 2018-0137 requires that 
airplanes that have embodied Airbus modification 156593 accomplish 
the initial inspection of the AFF of the pylons before exceeding 
10,000 flight cycles or 15,000 flight hours, whichever occurs first 
since airplane first flight, this AD requires inspection of those 
airplanes before exceeding 10,000 flight cycles or 15,000 flight 
hours since embodiment of Airbus modification 156593, whichever 
occurs first.
    (4) The provisions of paragraph (5) of EASA AD 2018-0137 are not 
allowed in this AD.
    (5) Where paragraph (6) of EASA AD 2018-0137 gives credit for 
``the initial requirements of paragraph (4)'' of EASA AD 2018-0137, 
this AD gives credit for ``the requirements of paragraph (4)'' of 
EASA AD 2018-0137.
    (6) Where EASA AD 2018-0137 requires any approval from EASA or 
Airbus's Design Organization Approval (DOA), this AD requires 
approval by the Manager, International Section, Transport Standards 
Branch, FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the 
DOA, the approval must include the DOA-authorized signature.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0137 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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: 9-ANM-116-AMOC-REQUESTS@faa.gov.

[[Page 5620]]

    (i) 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.
    (ii) AMOCs approved previously for AD 2016-07-12 are approved as 
AMOCs for this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2018-0137 that contains RC procedures and 
tests: RC procedures and tests must be done to comply with this AD; 
any procedures or tests that are not identified as RC are 
recommended. Those procedures and tests that are not identified as 
RC may be deviated from using accepted methods in accordance with 
the operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2018-0137, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2018-0137 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0018.
    (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.

    Issued in Des Moines, Washington, on February 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-02926 Filed 2-21-19; 8:45 am]
BILLING CODE 4910-13-P


