[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44660-44663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17782]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0486; Directorate Identifier 2014-NM-126-AD; 
Amendment 39-17918; AD 2014-15-16]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A319-111, -112, -115, -132, and -133 airplanes; Model 
A320-214, -232, and -233 airplanes; and Model A321-211, -231, and -232 
airplanes. This AD requires a detailed inspection for missing fasteners 
on the frame between certain stringers; for certain airplanes, a 
rototest inspection of the fastener holes for cracking; and corrective 
actions if necessary. This AD was prompted by a report that when the 
cabin lining was removed during a cabin conversion it was discovered 
that fasteners were missing on the frame. We are issuing this AD to 
detect and correct missing fasteners which, if not corrected, could 
affect the structural integrity of the airframe and could result in 
rapid decompression.

DATES: This AD becomes effective August 18, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 18, 
2014.
    We must receive comments on this AD by September 15, 2014.

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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email [email protected]; Internet http://www.airbus.com. You may view this referenced 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.

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-2014-
0486; or in person at the Docket Operations office 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. Comments will be 
available in the AD docket shortly after receipt.

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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2014-0146, dated June 11, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, 
and -233 airplanes; and Model A321-211, -231, and -232 airplanes. The 
MCAI states:

    During cabin conversion of an A320 aeroplane, after removal of 
the cabin lining, an area was discovered where fasteners were 
missing at frame (FR) 24 between stringer (STR) 17 and STR18. 
Investigation results revealed that the available data concerning 
installation on the final assembly line was insufficient to pinpoint 
the exact MSN [manufacturer serial number] on which the affected 
assemblies were installed. However, a `group' of MSN suspected to be 
affected was identified. Results of the static analysis performed 
show that the structure is still able to sustain Limit and Ultimate 
loads. However, the fatigue aspects indicate that long-term effects 
can be expected.
    This condition, if not corrected, could affect the structural 
integrity of the airframe.
    Prompted by these findings, Airbus issued Alert Operators 
Transmission (AOT) A53N006-14 and Service Bulletin (SB) A320-53-1285 
to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time detailed inspection (DET) [for missing fasteners] of the 
aeroplane structure at FR24 and, depending on findings, [a rototest 
inspection of the fastener holes for cracking and] accomplishment of 
applicable corrective actions.

Corrective actions include repairing cracking and installing fasteners.
    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0486.

Relevant Service Information

    Airbus has issued the following service information. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

 Alert Operators Transmission A53N006-14, dated May 13, 2014.
 Service Bulletin A320-53-1285, dated January 29, 2014.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

``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

[[Page 44661]]

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 an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 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 the 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.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), 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.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
missing fasteners on the frame may affect the structural integrity of 
the circumferential joint, which might result in rapid decompression. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-20**-*****; Directorate 
Identifier 2014-NM-126-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

    We estimate that this AD affects 7 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour 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 $595, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 39 work-hours and require parts costing $0, for a cost of 
$3,315 per product. We have no way of determining the number of 
aircraft that might need these actions.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repair specified in this AD.
    According to the manufacturer, some of the costs of this 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 costs in our cost 
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information

[[Page 44662]]

required by this AD is 2120-0056. The paperwork cost associated with 
this AD has been detailed in the Costs of Compliance section of this 
document and includes time for reviewing instructions, as well as 
completing and reviewing the collection of information. Therefore, all 
reporting associated with this AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591, ATTN: Information Collection Clearance Officer, AES-200.

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.

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):

2014-15-16 Airbus: Amendment 39-17918. Docket No. FAA-2014-0486; 
Directorate Identifier 2014-NM-126-AD.

(a) Effective Date

    This AD becomes effective August 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, 
manufacturer serial numbers (MSN) 5230 through 5300 inclusive, 
except MSN 5255 and 5295.
    (1) Model A319-111, -112, -115, -132, and -133 airplanes.
    (2) Model A320-214, -232, and -233 airplanes.
    (3) Model A321-211, -231, and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that when the cabin lining was 
removed during a cabin conversion it was discovered that fasteners 
were missing on the frame. We are issuing this AD to detect and 
correct missing fasteners which, if not corrected, could affect the 
structural integrity of the airframe and could result in rapid 
decompression.

(f) Compliance

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

(g) Detailed Inspection

    Within 60 flight cycles after the effective date of this AD: Do 
a detailed inspection to determine if any fasteners are missing on 
the structure at frame (FR) 24 between stringer (STR) 17 and STR 18 
on the right side only, in accordance with the instructions in 
Airbus Alert Operators Transmission A53N006-14, dated May 13, 2014.

(h) Rototest Inspection and Corrective Actions

    If, during the detailed inspection required by paragraph (g) of 
this AD, any fastener is found missing: Before the accumulation of 
3,300 flight cycles since the airplane's first flight, or within 60 
flight cycles after the effective date of this AD, whichever occurs 
later, do a rototest inspection of the fastener holes for cracking 
and do all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1285, 
dated January 29, 2014, except as required by paragraph (i) of this 
AD. Do all applicable corrective actions before further flight.

(i) Repair

    If any crack is found during any inspection required by 
paragraph (h) of this AD: Before further flight, repair 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.

(j) Reporting Requirement

    At the applicable time specified in paragraph (j)(1) or (j)(2) 
of this AD, report both positive and negative results of the 
inspections required by paragraphs (g) and (h) of this AD, as 
applicable, to Airbus, Customer Services Engineering, Emeric Mevel, 
Structure Engineer, Structure Engineering Support--SEES1, Customer 
Services; telephone +33(0)5 67-19 02 41; fax +33(0) 5 61 93 36 14; 
email [email protected]. The report must include the 
information specified in Figure A-FRAAA of Airbus Service Bulletin 
A320-53-1285, dated January 29, 2014.
    (1) If the inspection was done on or after the effective date of 
this AD: Within 30 days after that inspection.
    (2) If the inspection was done before the effective date of this 
AD: Within 30 days after the effective date of this AD.

(k) 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

[[Page 44663]]

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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2014-0146, dated June 11, 2014, for 
related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0486.

(m) 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 A53N006-14, dated May 
13, 2014.
    (ii) Airbus Service Bulletin A320-53-1285, dated January 29, 
2014.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
    (4) 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.
    (5) 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 12, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17782 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-13-P