[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 90958-90961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30038]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9509; Directorate Identifier 2016-NM-177-AD; 
Amendment 39-18750; AD 2016-25-24]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), 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, A320, and A321 series airplanes. This AD requires 
repetitive general visual inspections for broken battery retaining rods 
and replacement if necessary. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective January 3, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2017.
    We must receive comments on this AD by January 30, 2017.

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 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-2016-
9509.

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-2016-
9509; 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 Union, has issued EASA AD 
2016-0204, dated October 13, 2016; corrected October 19, 2016 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''); to correct an unsafe condition for certain Airbus Model 
A319, A320, and A321 series airplanes. The MCAI states:


[[Page 90959]]


    Several occurrences have been reported of battery [retaining] 
rod failures on certain Airbus aeroplanes. Subsequent examination of 
broken [battery retaining] rod parts determined that these failures 
were due to quality defects of the material used during parts 
manufacturing. Each battery is secured on an aeroplane by two 
[battery retaining] rods. Failure of one rod, in case of severe 
turbulence during flight or hard landing, could lead to battery 
displacement, or roll on the remaining rod side, up to a point where 
the remaining rod could be disengaged. The battery could ultimately 
detach from its housing and damage relays, connectors, contactor 
boxes, air ducts and surrounding structure.
    This condition, if not detected and corrected, could lead to the 
loss of the normal electrical generation not followed by an 
automatic recovery of essential network.
    To address this potential unsafe condition, Airbus issued Alert 
Operators Transmission (AOT) A92N001-16 (later revised) to provide 
instructions for inspection and replacement of battery [retaining] 
rods.
    For the reason described above, this [EASA] AD requires 
repetitive general visual inspections (GVI) of the four battery 
[retaining] rods (two per battery), and, in case of findings, 
replacement of [broken] battery [retaining] rods.
    Pending the outcome of the on-going investigation, this [EASA] 
AD is considered an interim action and further [EASA] AD action may 
follow.
    This [EASA] AD is republished to add two missing models to the 
applicability (the respective MSN were already listed in the 
original [EASA] AD) and to correct the battery [retaining] rod Part 
Number (P/N).

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9509.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A92N001-16, 
Rev 01, dated October 10, 2016. The service information describes 
procedures for general visual inspections to look for broken battery 
retaining rods. 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.

Differences Between This AD and the MCAI or Service Information

    The MCAI specifies to replace broken rods in accordance with Airbus 
AOT A92N001-16, Rev 01, dated October 10, 2016. However, Airbus AOT 
A92N001-16, Rev 01, dated October 10, 2016, does not include procedures 
to replace broken rods. This AD requires that broken rods be replaced 
using a method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA Design 
Organization Approval (DOA).

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.

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 the 
detachment of a battery from the housing and damage to other electrical 
equipment and surrounding structure could lead to loss of normal 
electrical power generation and recovery of essential network and 
consequential control of the airplane. 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-2016-9509; Directorate 
Identifier 2016-NM-177-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 330 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  1 work-hour x $85 per hour               $0             $85         $28,050
                                      = $185.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need this 
replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                       Labor cost           Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replace Battery Rod..............  1 work-hour x $85 per              \1\ $0  $85 per battery rod.
                                    hour = $85 per battery
                                    rod.
----------------------------------------------------------------------------------------------------------------
\1\ Parts costs are not available from the manufacturer.


[[Page 90960]]

    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.

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):

2016-25-24 Airbus: Amendment 39-18750; Docket No. FAA-2016-9509; 
Directorate Identifier 2016-NM-177-AD.

(a) Effective Date

    This AD becomes effective January 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-111, A319-112, A319-113, 
A319-114, A319-115, A319-131, A319-132, A319-133, A320-211, A320-
212, A320-214, A320-231, A320-232, A320-233, A320-251N, A320-271N, 
A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321-
231, and A321-232 airplanes, certificated in any category, 
manufacturer serial numbers (MSN) 5182, 5295, 5327, 5406, 5470, 
5545, 5650, 5656, 5664, 5671, 5679, 5685, 5690, 5700, 5701, 5711, 
5717, 5722, 5725, 5731, 5732, 5734, 5738, 5740, 5742, 5744, 5746, 
5748, 5750 through 5752 inclusive, 5754 through 5756 inclusive, 5758 
through 5760 inclusive, 5762, 5763, 5765 through 6100 inclusive, 
6102 through 6285 inclusive, 6287 through 6418 inclusive, 6420 
through 6463 inclusive, 6465 through 6619 inclusive, 6621 through 
6641 inclusive, 6643 through 6672 inclusive, 6674 through 6719 
inclusive, 6721 through 6771 inclusive, 6773 through 6828 inclusive, 
6830 through 6832 inclusive, 6834 through 6838 inclusive, 6840 
through 6867 inclusive, 6869 through 6903 inclusive, 6905, 6906, 
6908 through 6913 inclusive, 6915 through 6919 inclusive, 6921 
through 6944 inclusive, 6947 through 6951 inclusive, 6953 through 
6966 inclusive, 6968 through 6972 inclusive, 6974, 6976 through 6992 
inclusive, 6994 through 7000 inclusive, 7002 through 7010 inclusive, 
7012, 7014 through 7032 inclusive, 7034 through 7045 inclusive, 7047 
through 7050 inclusive, 7052, 7054 through 7059 inclusive, 7061 
through 7071 inclusive, 7073 through 7078 inclusive, 7080, 7081, 
7084 through 7093 inclusive, 7095 through 7098 inclusive, 7100, 
7101, 7104, 7105, 7108 through 7110 inclusive, 7112 through 7121 
inclusive, 7123, 7125, 7127, 7128, 7130, 7132, 7133, 7135, 7136, 
7138 through 7140 inclusive, 7142 through 7146 inclusive, 7148, 
7149, 7152 through 7156 inclusive, 7158, 7160, 7161, 7163 through 
7167 inclusive, 7169 through 7171 inclusive, 7173, 7174, 7176, 7177, 
7179, 7180, 7182 through 7184 inclusive, 7187, 7189, 7191, 7194, 
7196 through 7200 inclusive, 7203, 7204, 7206, 7207, 7210, 7212 
through 7225 inclusive, 7227, 7228, 7230, 7232, 7235, 7238, 7241 
through 7244 inclusive, 7248, and 7261.

(d) Subject

    Air Transport Association (ATA) of America Code 92, Electrical 
System Installation.

(e) Reason

    This AD was prompted by reports of broken battery retaining 
rods. We are issuing this AD to detect and correct broken battery 
retaining rods, which, in the event of a hard landing or severe 
turbulence, can cause the battery to detach from its housing, 
resulting in damage to other electrical equipment and surrounding 
structure. This condition could lead to loss of normal electrical 
power generation and subsequent inability to restore electrical 
power to essential airplane systems.

(f) Compliance

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

(g) Repetitive Inspections

    Within 4 months after the effective date of this AD, and 
thereafter at intervals not to exceed 4 months, accomplish a general 
visual inspection of each battery retaining rod part number (P/N) 
D9241023700000, in accordance with the instructions of Airbus Alert 
Operators Transmission (AOT) A92N001-16, Rev 01, dated October 10, 
2016.

(h) Additional Inspections After Any Hard Landing or Any Flight in 
Severe Turbulence

    In addition to the inspections required by paragraph (g) of this 
AD, after any hard landing, or after any flight in severe 
turbulence: Before further flight, accomplish a general visual 
inspection of each battery retaining rod P/N D9241023700000, in 
accordance with the instructions of Airbus AOT A92N001-16, Rev 01, 
dated October 10, 2016.

(i) Corrective Action

    If, during any general visual inspection required by paragraph 
(g) or (h) of this AD, as applicable, any battery retaining rod is 
found broken, before further flight, replace each affected battery 
retaining rod with a serviceable part 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).
    Note 1 to paragraph (i) of this AD: Additional guidance for the 
replacement of battery retaining rods can be found in Tasks 24-38-
51-000-001-A, Removal of the Batteries, and 24-38-51-400-001-A, 
Installation of the Batteries, of the Airbus A319/A320/A321 Aircraft 
Maintenance Manual (AMM).

(j) Provision Regarding Terminating Action

    Replacement of failed battery retaining rods on an airplane with 
serviceable parts, as required by paragraph (i) of this AD, does not 
constitute terminating action for the repetitive general visual 
inspections required by paragraphs (g) and (h) of this AD for that 
airplane.

[[Page 90961]]

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Airbus AOT A92N001-16, 
dated August 25, 2016.

(l) 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 EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.

(m) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0204, dated October 13, 2016; corrected October 
19, 2016; for related information. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-9509.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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 (AOT) A92N001-16, Rev 
01, dated October 10, 2016.
    (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 December 2, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-30038 Filed 12-15-16; 8:45 am]
BILLING CODE 4910-13-P