[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Rules and Regulations]
[Pages 71602-71605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22837]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8132; Directorate Identifier 2015-NM-127-AD; 
Amendment 39-18663; AD 2016-19-14]
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 certain 
Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -
214, -231, -232, and -233 airplanes; and Model A321 series airplanes. 
This AD was prompted by a report of cracks found during maintenance 
inspections on certain lugs of the 10VU rack side fittings in the 
cockpit. This AD requires repetitive inspections for cracking of the 
lugs on the 10VU rack side fittings, and repair of any cracking. We are 
issuing this AD to prevent reading difficulties of flight-critical 
information displayed to the flightcrew during a critical phase of 
flight, such as an approach or takeoff, which could result in loss of 
airplane control at an altitude insufficient for recovery.

DATES: This AD is effective November 22, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 22, 
2016.

ADDRESSES: For service information identified in this final rule, 
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-
8132.

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-2015-
8132; 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 Office (telephone 
800-647-5527) is 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 20590.

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 certain Airbus Model A318, 
A319, A320, and A321 series airplanes. The NPRM published in the 
Federal Register on December 31, 2015 (80 FR 81792) (``the NPRM''). The 
NPRM was prompted by a report of cracks found during maintenance 
inspections on certain lugs of the 10VU rack side fittings in the 
cockpit. The NPRM proposed to require repetitive inspections for 
cracking of the lugs on the 10VU rack side fittings, and repair of any 
cracking. We are issuing this AD to prevent reading difficulties of 
flight-critical information displayed to the flightcrew during a 
critical phase of flight, such as an approach or takeoff, which could 
result in loss of airplane control at an altitude insufficient for 
recovery.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0170, dated August 18, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, 
and -233 airplanes; and Model A321 series airplanes. The MCAI states:


[[Page 71603]]


    During an unscheduled maintenance operation on an A330 
aeroplane, the 10VU rack was removed for access and cracks were 
discovered on 10VU rack side fittings on lugs 1, 3, and 4. As a 
similar design is installed on A320 family aeroplanes, a sampling 
review was done to determine the possible fleet impact. The result 
showed that several aeroplanes had cracked or broken 10VU rack side 
fittings.
    This condition, if not detected and corrected, could lead to a 
high vibration level on the primary flight- and navigation displays 
during critical flight phases (takeoff and landing), possibly 
creating reading difficulties for the crew.
    Prompted by these findings, Airbus developed mod 35869 to 
reinforce the affected rack fitting lugs. For in-service aeroplanes, 
Airbus published Service Bulletin (SB) A320-92-1087 to provide 
inspection and repair instructions.
    For the reasons described above, this [EASA] AD requires 
repetitive detailed inspections (DET) of the affected 10VU rack 
fitting lugs and, depending on findings, accomplishment of a repair.

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-2015-
8132.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Clarify the Description of the Unsafe Condition

    Airbus asked that we revise the unsafe condition by stating that 
the NPRM is intended to prevent ``reading difficulties of flight-
critical information,'' and not ``loss of flight-critical 
information.'' Airbus stated that this clarification would correspond 
with the language specified in EASA AD 2015-0170, dated August 18, 
2015.
    We agree with the commenter's request, for the reason provided. We 
have clarified the unsafe condition in the SUMMARY and SUPPLEMENTARY 
INFORMATION Discussion sections in the preamble of this final rule and 
in paragraph (e) of the AD.

Request To Extend Compliance Time

    Delta Airlines (DAL) asked that the compliance time specified in 
the NPRM be extended from 24 to 36 months. DAL stated that the subject 
cracking issue has been known for over five years; however, the FAA 
just recently took regulatory action. DAL added that there have been no 
in-service reports of issues related to safety of flight due to the 
cracking condition. DAL noted that the unsafe condition of vibration 
during a critical phase of flight is theoretical and not based on 
actual testing or experience. In light of this, DAL stated that the 24-
month time limit is unwarranted, and should be extended to 36 months to 
allow more time so the inspection can be accomplished during a hangar 
visit.
    We do not agree with the commenter's request. In developing an 
appropriate compliance time for the actions specified in this AD, we 
considered the safety implications and normal maintenance schedules for 
the timely accomplishment of the specified actions. We have determined 
that the proposed 24-month compliance time will ensure an acceptable 
level of safety and allow the actions to be done during scheduled 
maintenance intervals for most affected operators. However, affected 
operators may request an alternative method of compliance (AMOC) for an 
extension of the compliance time under the provisions of paragraph 
(i)(1) of this AD by submitting data and analysis substantiating that 
the change would provide an acceptable level of safety. We have not 
changed this AD in this regard.

Request To Remove Reporting Requirement

    DAL asked that the proposed mandatory reporting requirement in 
paragraph (h) of the proposed AD be removed. DAL understands that 
Airbus wants to gather necessary in-service information; however, the 
airworthiness of the airplane does not depend on mandatory reporting. 
DAL stated that the airplane would be airworthy and public safety would 
be maintained without the mandatory reporting requirement. DAL added 
that requiring reporting places an unfair burden on operators of Airbus 
airplanes compared to operators of airplanes produced by other 
manufacturers, particularly when there are no findings, because 
reporting is mandated for the benefit of the original equipment 
manufacturer. DAL concluded that the reporting should not be mandated 
through this regulatory action.
    We do not agree with the commenter's request to remove the 
reporting requirement in paragraph (h) of this AD. We disagree that 
public safety would be maintained without the mandatory reporting 
requirement. Reporting is necessary for the airframe manufacturer to 
determine the extent of the cracking of the lugs on the 10VU rack side 
fittings, and to ascertain any necessary follow-up actions. Therefore, 
we have not changed this AD in this regard.

Request To Clarify Reporting Requirements

    DAL asked for clarification of the format necessary to report the 
inspection results specified in paragraph (h) of the proposed AD. DAL 
asked if the reporting form located in the back of Airbus Service 
Bulletin A320-92-1087, Revision 02, dated November 25, 2014, must be 
used or if the report can be submitted using another format.
    While we recommend that operators use the form in Figure A-FRAAA--
Sheet 02, titled ``Inspection Report,'' of Airbus Service Bulletin 
A320-92-1087, Revision 02, dated November 25, 2014, this AD does not 
require use of that form. We have changed paragraph (h) of this AD to 
clarify our intent.
    DAL also noted that it disagrees with having to determine and 
report the supplemental type certificate (STC) status for equipment 
attached to the 10VU rack, as specified in Figure A-FRAAA--Sheet 02, 
titled ``Inspection Report,'' of Airbus Service Bulletin A320-92-1087, 
Revision 02, dated November 25, 2014. DAL stated that STC equipment 
should be addressed in a separate regulatory action.
    We agree with the comment. As previously indicated, the referenced 
form is not specifically required by this AD, and we have changed 
paragraph (h) of this AD to clarify our intent.

Request for Clarification on Returning Damaged Parts

    DAL and United Airlines (UAL) asked for clarification on returning 
damaged parts to Airbus. DAL stated that if the reporting form must be 
used, it disagrees with sending all damaged parts to Airbus. UAL stated 
that the NPRM proposes requiring reporting inspection findings to 
Airbus, and Figure A-FRAAA--Sheet 02, titled ``Inspection Report'' of 
Airbus Service Bulletin A320-92-1087, Revision 02, dated November 25, 
2014, specifies that damaged lugs are to be sent to Airbus for 
investigation. UAL noted that it will try to deliver damaged parts, but 
added that this should not be an AD requirement since parts shipment 
will increase cost and the operator cannot guarantee delivery.
    We agree that clarification is necessary. Although the note 
contained in Figure A-FRAAA--Sheet 02, titled ``Inspection Report,'' of 
Airbus Service Bulletin A320-92-1087, Revision 02, dated November 25, 
2014, specifies ``If lugs have been replaced the removed part should be 
sent to Airbus for investigation,'' this AD does not include that 
requirement. We have included this

[[Page 71604]]

exception in the reporting requirement in paragraph (h) of this AD.

Request To Use a Certain Drawing

    UAL asked that we approve using the current version of the Airbus 
repair drawing, as called out in Airbus Service Bulletin A320-92-1087, 
Revision 02, dated November 25, 2014. UAL noted that this repair 
drawing is the latest version and may be revised without revision of 
Airbus Service Bulletin A320-92-1087, Revision 02, dated November 25, 
2014.
    For clarification, we agree that the current version of the repair 
drawing can be used. We have not changed this AD in this regard.

Request To Change Costs of Compliance Section

    DAL asked that we change the repair estimate in the `Costs of 
Compliance' section of the NPRM, as specified in Airbus Service 
Bulletin A320-92-1087, Revision 02, dated November 25, 2014. DAL stated 
that the service information does not provide the cost of the parts, 
and Airbus does have the price of each part listed in the COMPA01 
components. DAL added that the parts cost is $9,140 per airplane to 
accomplish the repair work. DAL asked that this cost be included in the 
cost of the repair, for a total of $16,280 per airplane.
    We agree with the commenter's request, for the reason provided. We 
have changed the repair estimate in the `Costs of Compliance' section 
of this final rule accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    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 A320-92-1087, Revision 02, 
dated November 25, 2014. The service information describes procedures 
for repetitive inspections for cracking of the lugs on the 10VU rack 
side fittings, and repair of any cracking. 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.

Costs of Compliance

    We estimate that this AD affects 959 airplanes of U.S. registry.
    We also estimate that it takes about 2 work-hours per product to 
comply with the basic requirements of this AD, and 1 work-hour per 
product to report inspection findings. 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 $244,545, or $255 per product.
    In addition, we estimate that any necessary repair takes about 84 
work-hours and require parts costing $9,140, for a cost of $16,280 per 
product. We have no way of determining the number of aircraft that 
might need these actions.

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 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):

2016-19-14 Airbus: Amendment 39-18663; Docket No. FAA-2015-8132; 
Directorate Identifier 2015-NM-127-AD.

(a) Effective Date

    This AD is effective November 22, 2016.

(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;

[[Page 71605]]

except airplanes on which Airbus Modification 35869 has been 
embodied in production.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by a report of cracks found during 
maintenance inspections on certain lugs of the 10VU rack side 
fittings in the cockpit. We are issuing this AD to prevent reading 
difficulties of flight-critical information displayed to the 
flightcrew during a critical phase of flight, such as an approach or 
takeoff, which could result in loss of airplane control at an 
altitude insufficient for recovery.

(f) Compliance

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

(g) Repetitive Inspections and Repair

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Do a detailed inspection for cracking of the lugs 
on the 10VU rack side fittings in the cockpit, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-92-
1087, Revision 02, dated November 25, 2014. If any crack is found, 
before further flight, repair in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-92-1087, Revision 02, 
dated November 25, 2014. Repeat the inspection thereafter at 
intervals not to exceed 20,000 flight cycles or 40,000 flight hours, 
whichever occurs first. Repair of the 10VU rack lugs does not 
terminate the repetitive inspections required by this paragraph.
    (1) Before the accumulation of 30,000 total flight cycles or 
60,000 total flight hours, whichever occurs first since the 
airplane's first flight.
    (2) Within 24 months after the effective date of this AD.

(h) Reporting Requirement

    Submit a report of any findings (positive and negative) of any 
inspection required by paragraph (g) of this AD to Airbus Service 
Bulletin Reporting Online Application on Airbus World (https://w3.airbus.com/), at the applicable time specified in paragraph 
(h)(1) or (h)(2) of this AD. Where Figure A-FRAAA--Sheet 02, titled 
``Inspection Report,'' of Airbus Service Bulletin A320-92-1087, 
Revision 02, dated November 25, 2014, specifies sending removed lugs 
to Airbus for investigation, this AD does not include that 
requirement. The form contained in Figure A-FRAAA--Sheet 02, titled 
``Inspection Report,'' of Airbus Service Bulletin A320-92-1087, 
Revision 02, dated November 25, 2014, may be used to meet this 
reporting requirement.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 90 days after the effective date of 
this AD.

(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, 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.
    (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.
    (4) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
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

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive 2015-
0170, dated August 18, 2015, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-8132.

(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 A320-92-1087, Revision 02, dated 
November 25, 2014.
    (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 September 14, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-22837 Filed 10-17-16; 8:45 am]
BILLING CODE 4910-13-P