[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52182-52185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0455; Directorate Identifier 2014-NM-006-AD; 
Amendment 39-18247; AD 2015-17-14]
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 A319, A320, and A321 series airplanes. This AD was 
prompted by reports that during a full scale fatigue test, several 
broken frames in certain areas of the cargo compartment have been 
found, especially on the cargo floor support fittings and open tack 
holes on the left-hand side. This AD requires a rototest inspection 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. We are issuing this AD to detect and 
correct 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.

DATES: This AD becomes effective October 2, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 2, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0455; 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 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0455.

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 A319, 
A320, and A321 series airplanes. The NPRM published in the Federal 
Register on July 23, 2014 (79 FR 42716).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2013-0310, dated December 20, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A319, A320, and A321 series airplanes. The MCAI states:

    During a full scale fatigue test, several broken frames in the 
cargo compartment area between Frame (FR) 50 and FR 63, have been 
found, especially on the cargo floor support fittings and open tack 
holes on [the] left hand side.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the frames in the cargo compartment area 
and of the cargo floor support fittings and open tack holes on the 
left hand (LH) side, and depending on findings, the accomplishment 
of applicable corrective action(s). This [EASA] AD also requires a 
modification, which constitutes terminating action for the 
repetitive inspections required by this [EASA] AD.

The actions in this AD include a rototest inspection for cracking of 
the open tack holes and rivet holes at the cargo floor support fittings 
of the fuselage; modification of the fuselage, including doing all 
applicable related investigative actions; and repair if necessary. 
Related investigative actions include rotating probe inspections for 
cracking of the holes. You may examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0455-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 42716, July 23, 2014) and the FAA's response to each comment.

Requests To Remove Service Information Not Applicable to the U.S. Fleet

    Delta Air Lines (DAL), United Airlines (UAL), and US Airways 
requested that certain service information be removed from the NPRM (79 
FR 42716, July 23, 2014) as it is not applicable to the U.S. fleet.
    DAL stated that Airbus Service Bulletin A320-53-1261, dated 
December 21, 2012, which provides a terminating modification for the 
repetitive inspections specified in the NPRM (79 FR 42716, July 23, 
2014), is one of eight structural modification service bulletins 
required to operate Model A320 airplanes beyond 48,000 flight cycles/
96,000 flight hours (referred to as extended service goal (ESG)). DAL 
stated that Airbus Service Bulletin A320-53-1261, dated December 21, 
2012, does not affect DAL or any other U.S. operator, since Airbus only 
recognizes airplane effectivity for those operators that have 
accomplished this service bulletin (which can only be purchased from 
Airbus) through ESG embodiment.
    UAL and US Airways stated that, in paragraph (h) of the proposed AD 
(79 FR 42716, July 23, 2014), modification of the fuselage in 
accordance with Airbus

[[Page 52183]]

Service Bulletin A320-53-1261, dated December 21, 2012, must be 
accomplished before exceeding 48,000 total flight cycles or 96,000 
total flight hours, whichever occurs first. UAL and US Airways stated 
that Airbus Service Bulletin A320-53-1261, dated December 21, 2012, is 
not effective for all manufacturer serial numbers specified in the 
service information and is only applicable to a select number of 
operators. UAL commented that Airbus Service Bulletin A320-53-1261, 
dated December 21, 2012, was originally related to the ESG modification 
requirements and has not yet been revised to match the effective 
manufacturer serial numbers in specified Airbus Service Bulletin A320-
53-1257, dated December 21, 2012.
    We agree with these commenters' requests. Airbus Service Bulletin 
A320-53-1261, dated December 21, 2012, does not apply to the U.S. fleet 
because the terminating action is not applicable for all manufacturer 
serial numbers. Therefore, we have deleted the modification requirement 
that was specified in paragraph (h) of the proposed AD (79 FR 42716, 
July 23, 2014), and have redesignated subsequent paragraphs 
accordingly.

Request To Revise Certain Service Information

    DAL also requested that the FAA ask Airbus to update the 
Effectivity in Airbus Service Bulletin A320-53-1261, dated December 21, 
2012, along with the other structural modification service information 
required for operation beyond 48,000 total flight cycles/96,000 total 
flight hours.
    We disagree with this request. As we stated previously, we have 
deleted the modification requirement that was specified in paragraph 
(h) of the proposed AD (79 FR 42716, July 23, 2014). In addition, we do 
not agree with delaying this action for mitigating safety risks 
addressed in this AD until after the release of the manufacturer's 
additional planned service bulletin(s). We have not changed this AD in 
this regard.

Request for Separate AD for the Structural Modification

    DAL requested that a separate AD be issued that would specify all 
required service information for the modification in paragraph (h) of 
the proposed AD (79 FR 42716, July 23, 2014), which must be 
accomplished prior to operation beyond 48,000 total flight cycles/
96,000 total flight hours for affected manufacturer serial numbers.
    We disagree with issuing a separate AD action that would require 
all modifications associated with operations exceeding 48,000 total 
flight cycles/96,000 total flight hours (referred to as ESG). ESG is 
not related to the unsafe condition in this AD. ESG is not a 
requirement, but an option to operate with an extended operational 
limit of 60,000 total flight cycles/120,000 total flight hours and is 
contingent on accomplishment of specific modifications. This AD is 
specific to mitigating the risks associated with the identified unsafe 
condition, which were identified during full scale fatigue testing. 
Choosing the option to operate airplanes exceeding 48,000 total flight 
cycles/96,000 total flight hours lies with the operator and has no 
bearing on the mitigation of the unsafe condition identified in this 
AD. We have not changed this AD in this regard.

Requests To Identify Actions Required for Compliance

    DAL and UAL requested a statement in the NPRM (79 FR 42716, July 
23, 2014) to specify the actions that are required for compliance (RC) 
in Airbus Service Bulletin A320-53-1257, dated December 21, 2012.
    UAL stated that paragraph 3.C. of the Accomplishment Instructions 
of Airbus Service Bulletin A320-53-1257, dated December 21, 2012, meets 
the technical intent of the inspection in the service information as 
that paragraph specifies removal of the affected fasteners, 
accomplishment of the rototest inspection, and re-installation of the 
fasteners. UAL stated that the access and close-up actions may then be 
specified by the operator as deemed necessary. UAL commented that 
paragraph (g) of the proposed AD (79 FR 42716, July 23, 2014) could 
specify that the inspection be performed in accordance with paragraph 
3.C. of the Accomplishment Instructions of Airbus Service Bulletin 
A320-53-1257, dated December 21, 2012.
    DAL stated that the FAA issued Advisory Circular (AC) 20-176 in 
December 2011 and AC 20-176A in June 2014 (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/
979ddd1479e1ec6f86257cfc0052d4e9/$FILE/AC%2020-176A.pdf); and Order 
8110.117A, dated June 18, 2014 (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgOrders.nsf/0/
d715cdfc08ac0ddc86257cfc00528297/$FILE/110.117A.pdf), which provides 
guidance for issuing service information related to ADs. DAL commented 
that paragraph 2-10 of AC 20-176A states that ``steps that have a 
direct effect on detecting, preventing, resolving, or eliminating the 
unsafe condition in an AD should be identified in a SB with ``RC'' 
(Required for Compliance''). DAL stated that there are no ``RC'' 
identifiers in the work steps of Airbus Service Bulletin A320-53-1257, 
dated December 21, 2012.
    DAL also requested that the FAA evaluate service bulletins for 
adherence to the guidance provided in AC 20-176A, dated June 16, 2014 
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/979ddd1479e1ec6f86257cfc0052d4e9/$FILE/
AC%2020-176A.pdf); and Order 8110.117A, dated June 18, 2014 (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/
d715cdfc08ac0ddc86257cfc00528297/$FILE/110.117A.pdf), when proposing 
new AD's.
    We agree with the concept of minimizing AD requirements when 
appropriate. The FAA released AC 20-176A, dated June 16, 2014 (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/
979ddd1479e1ec6f86257cfc0052d4e9/$FILE/AC%2020-176A.pdf); and Order 
8110.117A, dated June 18, 2014 (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgOrders.nsf/0/
d715cdfc08ac0ddc86257cfc00528297/$FILE/110.117A.pdf), which include the 
concept of RC. The FAA has begun implementing this concept in ADs when 
we receive service information containing RC steps. While some design 
approval holders have implemented the RC concept, the implementation is 
voluntary. The FAA does not intend to develop or revise AD requirements 
to incorporate the RC concept if it is not included in the service 
information.
    However for this AD, we reviewed Airbus Service Bulletin A320-53-
1257, dated December 21, 2012, and determined that the procedures in 
paragraph 3.C., ``Procedure,'' are necessary to address the identified 
unsafe condition. All other steps in the Accomplishment Instructions 
may be deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining approval 
of an alternative method of compliance (AMOC), provided the procedures 
in paragraph 3.C., ``Procedures,'' can be done and the airplane can be 
put back in a serviceable condition. We have revised paragraph (g) of 
this AD to refer to procedures in paragraph 3.C., ``Procedures,'' of 
the Accomplishment Instructions of Airbus Service Bulletin A320-53-
1257, dated December 21, 2012.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and

[[Page 52184]]

determined that air safety and the public interest require adopting 
this AD 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 (79 FR 42716, July 23, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 42716, July 23, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Service Bulletin A320-53-1257, dated December 
21, 2012. The service information describes procedures for a rototest 
inspection of the open tack holes and rivet holes at the cargo floor 
support fittings between frame (FR) 50 and FR 63 (left-hand side only) 
for Model A320 and A321 series airplanes and FR 53 and FR 63 (left-hand 
side only) for Model A319 series airplanes of the fuselage, including 
other actions, and repair if necessary. This service information 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 of this AD.

Costs of Compliance

    We estimate that this AD affects 847 airplanes of U.S. registry.
    We also estimate that it would take about 471 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts (for the modification) 
would cost about $6,570 per product. Based on these figures, we 
estimate the cost of this AD on U.S. operators to be $39,474,435, or 
$46,605 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this 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.

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-2014-0455; 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):

2015-17-14 Airbus: Amendment 39-18247. Docket No. FAA-2014-0455; 
Directorate Identifier 2014-NM-006-AD.

(a) Effective Date

    This AD becomes effective October 2, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, 
-212, -213, -231, and -232 airplanes; certificated in any category; 
all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that, during a full scale 
fatigue test, several broken frames in certain areas of the cargo 
compartment have been found, especially on the cargo floor support 
fittings and open tack holes on the left-hand (LH) side. We are 
issuing this AD to detect and correct 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) Inspection

    At the applicable compliance times specified in paragraphs 
(g)(1) through (g)(3) of this AD: Do a rototest inspection for 
cracking of the open tack holes and rivet holes at the cargo floor 
support fittings of the fuselage between frame (FR) 50 and FR 63 
left-hand (LH) side only for Model A320 series airplanes, and A321 
series airplanes; and between FR 53 and FR 63 LH side only for Model 
A319 series airplanes; in accordance with paragraph 3.C., 
``Procedures,'' of the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1257, dated December 21, 2012. Repeat the 
inspection thereafter at intervals not to exceed 5,000 flight cycles 
or 10,000 flight hours, whichever occurs first.
    (1) For airplanes that have equal to or more than 45,000 total 
flight cycles or 90,000 total flight hours as of the effective date 
of this AD: Do the rototest inspection within 1,000 flight cycles or 
2,000 flight hours after the effective date of this AD, whichever 
occurs first.
    (2) For airplanes that have equal to or more than 36,200 total 
flight cycles or 72,400 total flight hours, but less than 45,000 
total flight cycles or 90,000 total flight hours as of the

[[Page 52185]]

effective date of this AD: Do the rototest inspection within 2,000 
flight cycles or 4,000 flight hours after the effective date of this 
AD, whichever occurs first, but no later than before the 
accumulation of 46,000 total flight cycles or 92,000 total flight 
hours, whichever occurs first.
    (3) For airplanes that have less than 36,200 total flight cycles 
or 72,400 total flight hours as of the effective date of this AD: Do 
the rototest inspection before exceeding 38,200 total flight cycles 
or 76,400 total flight hours, whichever occurs first.

(h) Corrective Action

    If any crack is found during any inspection required by 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.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA Airworthiness Directive 2013-0310, dated December 20, 2013, for 
related information. This MCAI may be found in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0455-0002.

(k) 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 Service Bulletin A320-53-1257, dated December 21, 
2012.
    (ii) Reserved.
    (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 August 13, 2015.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-20951 Filed 8-27-15; 8:45 am]
BILLING CODE 4910-13-P