Airworthiness Directives; Airbus SAS Airplanes
| Citation | 84 FR 17102 |
| Record Number | 2019-08172 |
| Published date | 24 April 2019 |
| Court | Federal Aviation Administration |
Federal Register, Volume 84 Issue 79 (Wednesday, April 24, 2019)
[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17102-17105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08172]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0250; Product Identifier 2018-NM-157-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) 2015-17-
14, which applies to all Airbus SAS Model A319 series airplanes; Model
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321-
111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2015-
17-14 requires repetitive rototest inspections of the open tack holes
and rivet holes at the cargo floor support fittings of the fuselage,
including doing all applicable related investigative actions, and
repair if necessary. Since we issued AD 2015-17-14, further analysis
and widespread fatigue damage (WFD) evaluations identified the need to
reduce the initial compliance times and repetitive intervals for the
inspections for certain airplanes, and to add work for certain
airplanes. This proposed AD would continue to require the actions of AD
2015-17-14, would add actions for certain airplanes, and would reduce
the compliance times for certain airplanes, as specified in an European
Aviation Safety Agency (EASA) AD, which will be incorporated by
reference. This proposed AD would also reduce the applicability. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 10, 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 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 [email protected];
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-
0250; 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 (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-2019-0250;
Product Identifier 2018-NM-157-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
Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar structural details
and stress levels. As an airplane ages, WFD will likely occur, and will
certainly occur if the airplane is operated long enough without any
intervention.
The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders (DAHs) establish a limit of validity (LOV) of the
engineering data that support the structural maintenance program.
Operators affected by the WFD rule may not fly an airplane beyond its
LOV, unless an extended LOV is approved.
[[Page 17103]]
The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
We issued AD 2015-17-14, Amendment 39-18247 (80 FR 52182, August
28, 2015) (``AD 2015-17-14''), for all Airbus SAS Model A319 series
airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes,
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. AD 2015-17-14 requires repetitive rototest inspections of
the open tack holes and rivet holes at the cargo floor support fittings
of the fuselage, including doing all applicable related investigative
actions, and repair if necessary. AD 2015-17-14 resulted from reports
that during a full-scale fatigue test, several broken frames in certain
areas of the cargo compartment were found, especially on the cargo
floor support fittings and open tack holes on the left-hand side. We
issued AD 2015-17-14 to address cracking in the open tack holes and
rivet holes at the cargo floor support fittings of the fuselage, which
could affect the structural integrity of the airplane.
Actions Since AD 2015-17-14 Was Issued
Since we issued AD 2015-17-14, further analysis and WFD evaluations
identified the need to reduce the compliance time for the repetitive
inspections for certain airplanes, and to add work for certain
airplanes, and remove certain airplanes from the applicability.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0233R1, dated November 28, 2018 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus SAS
Model A319 series airplanes; Model 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 a full scale fatigue test, several broken frames in the
cargo compartment area between Frame (FR) 50 and FR63 have been
found, especially on the cargo floor support fittings and open tack
holes on left hand (LH) side.
This condition, if not detected and corrected, could affect the
structural integrity of the aeroplane.
To address this unsafe condition, Airbus issued SB [service
bulletin] A320-53-1257, providing inspection instructions, and SB
A320-53-1261, providing modification instructions.
Consequently, EASA published AD 2013-0310 [which corresponds to
FAA AD 2015-17-14], requiring repetitive inspections of the frames
in the cargo compartment area and of the cargo floor support
fittings and open tack holes on the LH side and, depending on
findings, accomplishment of corrective action(s). That [EASA] AD
also required a modification, which constituted terminating action
for the required repetitive inspections.
After that [EASA] AD was issued, further analyses and widespread
fatigue damage evaluations identified the need to reduce the
threshold and intervals for the repetitive inspections for certain
configurations, and Airbus issued the inspection SB accordingly.
Airbus issued SB A320-53-1360, SB A320-53-1364 and SB A320-53-1365
to supplement SB A320-53-1261, and SB Information Transmission
(SBIT) 16-0070 providing additional information. Consequently, EASA
issued AD 2018-0233, retaining the requirements of EASA AD 2013-
0310, which was superseded, but requiring accomplishment of the
repetitive inspections within reduced compliance times for certain
configurations. That [EASA] AD also required additional work for
aeroplanes that had already been modified in accordance with the
instructions of Airbus SB A320-53-1261, Rev. 02.
Since that [EASA] AD was issued, it has been determined that
certain A319 aeroplanes may be excluded from the Applicability of
the [EASA] AD, since the calculated compliance time for the initial
inspection is beyond the applicable limit of validity.
For the reason described above, this [EASA] AD is revised to
reduce the Applicability.
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-2019-
0250.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2015-17-14, this proposed AD would retain certain
requirements of AD 2015-17-14. Those requirements are referenced in
EASA AD 2018-0233R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0233R1 describes procedures for repetitive inspections
of the open tack holes and rivet holes of the fuselage frames below the
cargo floor support fittings for cracking. 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.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2018-0233R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
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 2018-0233R1 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0233R1, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Service information specified
in EASA AD 2018-0233R1 that is required for compliance with EASA AD
2018-0233R1 will be available on the internet http://www.regulations.gov by searching
[[Page 17104]]
for and locating Docket No. FAA-2019-0250 after the FAA final rule is
published.
Costs of Compliance
We estimate that this proposed AD affects 1,009 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2015-17- Up to 471 work- $0 Up to $40,035...... Up to $40,395,315.
14. hours x $85 per
hour = $40,035.
New proposed actions............. Up to 474 work- 13,000 Up to $53,290...... Up to $53,769,610.
hours x 85 per
hour = $40,290.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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)
2015-17-14, Amendment 39-18247 (80 FR 52182, August 28, 2015), and
adding the following new AD:
Airbus SAS: Docket No. FAA-2019-0250; Product Identifier 2018-NM-
157-AD.
(a) Comments Due Date
We must receive comments by June 10, 2019.
(b) Affected ADs
This AD replaces AD 2015-17-14, Amendment 39-18247 (80 FR 52182,
August 28, 2015) (``AD 2015-17-14'').
(c) Applicability
This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes; certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2018-0233R1, dated November 28, 2018 (``EASA AD 2018-0233R1'').
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by further analysis and widespread fatigue
damage (WFD) evaluations and full-scale fatigue testing that
indicated that several broken frames in certain areas of the cargo
compartment were found, especially on the cargo floor support
fittings and open tack holes on the left-hand side, which identified
the need to reduce the initial compliance times and repetitive
intervals for the inspections for certain airplanes, and to add work
for certain airplanes. We are issuing this AD to address cracking in
the open tack holes and rivet holes at the cargo floor support
fittings 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 2018-0233R1.
(h) Exceptions to EASA AD 2018-0233R1
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2018-0233R1 refers to ``the effective date
of the original issue of this AD,'' this AD requires using the
effective date of this AD, and where EASA AD 2018-0233R1 refers to
``the effective date of EASA AD 2013-0310,'' this AD requires using
October 2, 2015 (the effective date of AD 2015-17-14).
(2) The ``Remarks'' section of EASA AD 2018-0233R1 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
[[Page 17105]]
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: [email protected].
(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 2015-17-14 are approved as
AMOCs for the corresponding provisions of EASA AD 2018-0233R1 that
are required by paragraph (g) of 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 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 2018-0233R1 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 2018-0233R1, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; 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 2018-0233R1 may be found in the AD docket on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0250.
(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 April 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-08172 Filed 4-23-19; 8:45 am]
BILLING CODE 4910-13-P
