[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42655-42658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1028; Directorate Identifier 2013-NM-068-AD; 
Amendment 39-17901; AD 2014-14-06]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -
114, and -115 airplanes; Model A320-111, -211, -212, and -214 
airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes. 
This AD was prompted by reports of broken aft engine mount retainers. 
This AD requires inspecting the aft engine mount retainers for surface 
finish, and for cracks and failure, and replacement if necessary. We 
are issuing this AD to prevent failure of retainer brackets of the aft 
engine mount and consequent loss of the locking feature of the nuts of 
the inner and outer pins; loss of the pins will result in the aft mount 
engine link no longer being secured to the aft engine mount.

DATES: This AD becomes effective August 27, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 27, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1028; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For Airbus 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.
    For Goodrich Corporation service information identified in this AD, 
contact Goodrich Corporation, Aerostructures, 850 Lagoon Drive, Chula 
Vista, CA 91910-2098; telephone 619-691-2719; email 
[email protected]; Internet http://www.goodrich.com/TechPubs.
    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.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus Model A318-111 
and -112 airplanes; Model A319-111, -112, -113, -114, and -115 
airplanes; Model A320-111, -211, -212, and -214 airplanes; and Model 
A321-111, -112, -211, -212, and -213 airplanes. The NPRM published in 
the Federal Register on December 18, 2013 (78 FR 76572).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0050, dated March 5, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

During in-service inspections, several aft engine mount retainers, 
fitted on aeroplanes equipped with CFM56-5/5B engines, have been 
found broken.
The results of the investigations highlight that two different types 
of surface finish have been applied (respectively bright and dull 
material finishes), and that dull finish adversely affects the 
strength of the retainer with regard to fatigue properties of the 
part.
The pins which attach the engine link to the aft mount are secured 
by two nuts, which do not have a self-locking feature; this function 
is provided by the retainer brackets. In case of failure of the 
retainer bracket, the locking feature of the nuts of the inner and 
outer pins is lost; as a result, these nuts could subsequently 
become loose.
In case of full loss of the nuts, there is the potential to also 
lose the pins, in which case the aft mount link will no longer be 
secured to the aft engine mount. The same locking feature is used 
for the three link assemblies of the aft mount.
For the reasons described above, this [EASA] AD requires a one-time 
detailed visual inspection (DVI) of the aft engine mount to identify 
the affected dull finish retainers [and for cracks and failure] and 
replace these [retainers] with serviceable retainers. This [EASA] AD 
also prohibits installation of any dull finish aft engine mount 
retainers.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1028-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received. The following 
presents the comment received on the NPRM (78 FR 76572, December 18, 
2013) and the FAA's response to the comment.

Request To Add Certain Retainer Brackets

    Mr. Michael Raphael stated that understanding of the issue 
(cracking or failure of the aft engine mount retainer) has changed 
since the preliminary discovery with dull brackets, and that bright 
brackets have been detected with the same issue. Mr. Raphael explained 
that vibration is the root cause, and the dull surface finish (with 
pitting) is a potential aggravating factor. Mr. Raphael also stated 
that EASA and its airplane type certificate holder are preparing a 
``phase 2 containment'' that is based on the latest technical findings.
    We infer that the commenter wants us to add brackets with the 
bright surface

[[Page 42656]]

finish to this AD. We acknowledge that potential concerns with the 
bright brackets have been identified and are being investigated. 
However, we disagree to delay this final rule, since we have determined 
that an unsafe condition exists and that expanding the applicability of 
this AD to include retainer brackets with a bright surface finish would 
require additional rulemaking. We find that delaying this action would 
be inappropriate in light of the identified unsafe condition. Once we 
complete a thorough risk assessment of brackets with a bright surface, 
we might consider additional rulemaking. We have not changed this final 
rule in this regard.

Changes to This Final Rule

    We have revised paragraphs (i)(2) and (j) of this final rule by 
removing the term ``serviceable.'' These changes are made to avoid 
ambiguity and misinterpretation of type of finish on the replacement 
retainer. We do not want operators to polish affected retainers as a 
method of compliance with this final rule.

``Contacting the Manufacturer'' Paragraph in This 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 the NPRM (78 FR 76572, December 18, 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 this 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.
    No comments were provided to the NPRM (78 FR 76572, December 18, 
2013) about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013), in which the commenter 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 that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action 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 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.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the FAA AD, the operator would be required to go back to the 
manufacturer's DOA and obtain a new approval document, adding time and 
expense to the compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH in the 
Contacting the Manufacturer paragraph of this AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD

[[Page 42657]]

with the changes described previously and minor editorial changes. We 
have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 76572, December 18, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 76572, December 18, 2013).

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it will take about 3 work-hours per 
inspection cycle (for two engines) per product to comply with the basic 
requirements of this AD. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $217,005 per inspection cycle (for two engines), or 
$255 per inspection cycle per product (for two engines).
    In addition, we estimate that any necessary follow-on actions will 
take about 1 work-hour and require parts costing $10,000, for a cost of 
$10,085 per engine. We have no way of determining the number of 
aircraft that might need these actions.

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1028; 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 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 adding the following new airworthiness 
directive (AD):

2014-14-06 Airbus: Amendment 39-17901. Docket No. FAA-2013-1028; 
Directorate Identifier 2013-NM-068-AD.

(a) Effective Date

    This AD becomes effective August 27, 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) Airbus Model A318-111 and -112 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, and -115 airplanes.
    (3) Airbus Model A320-111, -211, -212, and -214 airplanes.
    (4) Airbus Model A321-111, -112, -211, -212, and -213 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of broken aft engine mount 
retainers. We are issuing this AD to prevent failure of retainer 
brackets of the aft engine mount and consequent loss of the locking 
feature of the nuts of the inner and outer pins. Loss of the pins 
will result in the aft mount engine link no longer being secured to 
the aft engine mount.

(f) Compliance

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

(g) Inspection

    Within 3 months after the effective date of this AD: Do a 
detailed inspection of the aft engine mount retainers for surface 
finish (dull or bright), and for cracks and failure, in accordance 
with Section 4.2.2, ``Inspection Requirements,'' of Airbus Alert 
Operators Transmission (AOT) A71N001-12, Rev. 2, dated February 27, 
2013, except as specified in paragraph (h) of this AD.

(h) Exception to Paragraph (g) of This AD

    The actions required by paragraph (g) of this AD are not 
required to be done on airplanes with manufacturer serial numbers 
4942 and higher, provided a review of maintenance records verifies 
that no aft engine mount retainers have been replaced since first 
flight of the airplane.

(i) Repetitive Inspection and Retainer Replacement for Dull Finish 
Retainers

    If, during the detailed inspection required by paragraph (g) of 
this AD, any installed dull finish aft engine mount retainer is 
found without cracks and not failed: Do the actions specified in 
paragraphs (i)(1) and (i)(2) of this AD.
    (1) Within 25 flight cycles after doing the actions required by 
paragraph (g) of this AD: Repeat the detailed inspection specified 
in paragraph (g) of this AD.
    (2) Within 50 flight cycles after doing the first detailed 
inspection specified in paragraph (g) of this AD: Replace all dull 
finish retainers with new retainers, in accordance with Section 
4.2.3.1, ``Replacement Procedure,'' of Airbus AOT A71N001-12, Rev. 
2, dated February 27, 2013.

(j) Replacement of Cracked or Failed Retainers

    If, during any detailed inspection specified in paragraph (g) of 
this AD, any installed aft engine mount retainer is found cracked or 
failed: Before further flight, replace all affected aft engine mount 
retainers with new retainers, in accordance with Section 4.2.3, 
``Replacement Procedure,'' of Airbus AOT

[[Page 42658]]

A71N001-12, Rev. 2, dated February 27, 2013.

(k) Parts Prohibition

    As of the effective date of this AD, no person may install any 
aft engine mount retainer with a dull finish on any airplane. The 
instructions of Airbus AOT A71N001-12, Rev. 2, dated February 27, 
2013; or the Accomplishment Instructions of Goodrich Service 
Bulletin RA32071-146, Rev. 2, dated July 26, 2012; may be used to 
verify the correct finish of the part.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g), (i), and (j) of this AD, if those actions were 
performed before the effective date of this AD using Airbus AOT 
A71N001-12, Rev. 1, dated August 9, 2012, which is not incorporated 
by reference in this AD.

(m) 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, 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: [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. 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.

(n) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be modified (if the operator elects to do so), provided no dull 
finish aft engine mount retainers that are cracked or have failed 
are installed.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0050, dated March 5, 2013, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1028-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (p)(3), (p)(4), and (p)(5) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A71N001-12, Rev. 2, 
dated February 27, 2013. The first page of this document contains 
the document number, revision, and date; no other page of this 
document contains this information.
    (ii) Goodrich Service Bulletin RA32071-146, Rev. 2, dated July 
26, 2012.
    (3) For Airbus 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.
    (4) For Goodrich Corporation service information identified in 
this AD, contact Goodrich Corporation, Aerostructures, 850 Lagoon 
Drive, Chula Vista, CA 91910-2098; phone: 619-691-2719; email: 
[email protected]; Internet: http://www.goodrich.com/TechPubs.
    (5) 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.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16536 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P