[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46900-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19010]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0673; Product Identifier 2019-NM-101-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2014-24-07, which applies to certain Airbus SAS Model A318 series 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes; A320-211, -212, -214, -231, -232, and -233 airplanes; and 
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. 
AD 2014-24-07 requires repetitive rototest inspections for cracking; 
corrective actions if necessary; and modification of the torsion box, 
which terminates the repetitive inspections. Since the FAA issued AD 
2014-24-07, the FAA has determined that the compliance times for the 
repetitive inspections must be revised for certain airplanes. This 
proposed AD would retain the actions of AD 2014-24-07, with certain 
revised compliance times, as specified in a European Aviation Safety 
Agency (EASA) AD, which will be incorporated by reference. This 
proposed AD would also revise the applicability to include additional 
airplanes. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by October 21, 
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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, at 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-
0673; or in person at Docket Operations 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 Docket Operations is listed above. 
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

    The FAA invites 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-2019-0673; 
Product Identifier 2019-NM-101-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The FAA issued AD 2014-24-07, Amendment 39-18040 (79 FR 72124, 
December 5, 2014) (``AD 2014-24-07''), for certain Airbus SAS Model 
A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; A320-211, -212, -214, -231, -232, and -233 
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, -232 
airplanes. AD 2014-24-07 requires repetitive rototest inspections for 
cracking; corrective actions if necessary; and modification of the 
torsion box, which terminates the repetitive inspections. AD 2014-24-07 
resulted from a report of a crack found in the fuselage during a 
fatigue test campaign. The FAA issued AD 2014-24-07 to address cracking 
in the side box beam flange of the fuselage, which could affect the 
structural integrity of the airplane.

Actions Since AD 2014-24-07 Was Issued

    Since the FAA issued AD 2014-24-07, the compliance times for the 
repetitive inspections have been reduced for airplanes with a retrofit 
sharklet installation with non-structural reinforcement.
    The EASA, which is the Technical Agent for the Member States of the

[[Page 46901]]

European Union, has issued EASA AD 2019-0122, dated June 4, 2019 
(``EASA AD 2019-0122'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Airbus SAS Model A318 airplanes; Model A319-111, 
-112, -113, -114, -115, -131, -132, and -133 airplanes; A320-211, -212, 
-214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. The MCAI states:

    During the full scale fatigue test campaign of the A320 family 
type design, a crack was reported in the fuselage side box beam 
flange at frame (FR) 43 level, both sides.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued SB 
[service bulletin] A320-53-1258, providing instructions for 
repetitive inspections, and SB A320-53-1251, later revised, 
providing modification instructions.
    Consequently, EASA issued AD 2013-0261 [which corresponds to FAA 
AD 2014-24-07], requiring repetitive inspections and, depending on 
findings, accomplishment of corrective action(s). That [EASA] AD 
also required a modification, which constitutes terminating action 
for the required repetitive inspections.
    Since that [EASA] AD was issued, Airbus issued SB A320-57-1193 
(retrofit mod 160080) to allow retrofit sharklet installation on 
A320 and A319 aeroplanes with non-structural reinforcement, and 
revised SB A320-53-1258, including new affected aeroplane 
configuration and applicable accomplishment timescale.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0261, which is superseded, but requires 
accomplishment of repetitive inspections and, depending on findings, 
corrective action(s), at different accomplishment timescale, 
depending on aeroplane configuration. This [EASA] AD also requires a 
modification, which constitutes terminating action for the 
repetitive inspections.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2014-24-07, this proposed AD would retain all of the 
requirements of AD 2014-24-07. Those requirements are referenced in 
EASA AD 2019-0122, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0122 describes procedures for repetitive rototest 
inspections for cracking; corrective actions if necessary; and 
modification of the torsion box, which would terminate the repetitive 
inspections.
    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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
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.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0122 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

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 in the U.S. type certificate as part 
of 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 2014-24-07 were 
mandated by the MCAI via the RAAL. Although that RAAL requirement is 
still in effect, for continuity and clarity the agency has identified 
Model A320-216 airplanes in paragraph (c) of this AD; the restated 
requirements of this proposed AD would therefore apply to those 
airplanes.

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 2019-0122 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with the 
provisions specified in EASA AD 2019-0122, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Using common terms that are the same as the 
heading of a particular section in the EASA AD does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD. 
Service information specified in EASA AD 2019-0122 that is required for 
compliance with EASA AD 2019-0122 will be available on the internet 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0673 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 851 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2014-24-07...  178 work-hours x $85 per         $31,334         $46,464     $39,540,864
                                         hour = $15,130.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no new economic 
burden.
    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.

[[Page 46902]]

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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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) 
2014-24-07, Amendment 39-18040 (79 FR 72124, December 5, 2014), and 
adding the following new AD:

Airbus SAS: Docket No. FAA-2019-0673; Product Identifier 2019-NM-
101-AD.

(a) Comments Due Date

    The FAA must receive comments by October 21, 2019.

(b) Affected ADs

    This AD replaces AD 2014-24-07, Amendment 39-18040 (79 FR 72124, 
December 5, 2014) (``AD 2014-24-07'').

(c) Applicability

    This AD applies to Airbus SAS Model airplanes specified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category, as identified in European Aviation Safety Agency (EASA) AD 
2019-0122, dated June 4, 2019 (``EASA AD 2019-0122'').
    (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, 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 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a crack found in the side 
box beam flange of the fuselage at the frame (FR) 43 level during a 
fatigue test campaign. The FAA is issuing this AD to address 
cracking in the side box beam flange of the fuselage, which could 
affect the 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 2019-0122.

(h) Exceptions to EASA AD 2019-0122

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0122 refers to its effective date, 
this AD requires using the effective date of this AD. However, where 
Table 1 of EASA AD 2019-0122 provides compliance times for group 1B 
airplanes as ``[w]ithin 3,000 FC or 6,000 FH'' after a given date, 
this AD requires that those compliance times be calculated 3,000 
flight cycles or 6,000 flight hours, ``whichever occurs first'' 
after January 9, 2015 (the effective date of AD 2014-24-07).
    (2) The ``Remarks'' section of EASA AD 2019-0122 does not apply 
to this AD.

(i) 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 (j)(2) of this AD. 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.
    (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 2019-0122 that contains RC procedures and 
tests: Except as required by paragraph (i)(2) of this AD, 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.

(j) Related Information

    (1) For information about EASA AD 2019-0122, contact the 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

[[Page 46903]]

information on the availability of this material at the FAA, call 
206-231-3195. EASA AD 2019-0122 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0673.
    (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 August 22, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19010 Filed 9-5-19; 8:45 am]
 BILLING CODE 4910-13-P


