[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15281-15283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05766]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules 
and Regulations  

[[Page 15281]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0922; Directorate Identifier 2014-NM-156-AD; 
Amendment 39-18836; AD 2017-06-12]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A319 and A320 series airplanes. This AD was prompted by a 
report that fatigue cracking could appear at certain fastener locations 
in the longeron area below the emergency exit cut-outs. This AD 
requires the modification of certain fastener locations in the longeron 
area below the emergency exit cut-outs. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 2, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 2, 2017.

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-2014-
0922.

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-
0922; 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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain Airbus 
Model A319 and A320 series airplanes. The SNPRM published in the 
Federal Register on January 20, 2016 (81 FR 3053) (``the SNPRM''). We 
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on December 15, 2014 (79 FR 74035) 
(``the NPRM''). The NPRM proposed to require the modification of eight 
fastener locations in the longeron area below the emergency exit cut-
outs on the left-hand (LH) and right-hand (RH) sides. The NPRM was 
prompted by a report that fatigue cracking could appear at certain 
fastener locations in the longeron area below the emergency exit cut-
outs. The NPRM was intended to complete certain mandated programs 
intended to support the airplane reaching its limit of validity (LOV) 
of the engineering data that support the established structural 
maintenance program. The SNPRM proposed to add post-Airbus Modification 
32208 airplanes. We are issuing this AD to detect and correct cracking 
at certain fastener locations in the longeron area below the emergency 
exit cut-outs, which could lead to failure of the fasteners and reduced 
structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2015-0085, dated May 13, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Model A319 and 
Model A320 series airplanes. The MCAI states:

    During the A320 fatigue test campaign for Extended Service Goal 
(ESG), it was determined that fatigue damage could appear at certain 
fastener locations on the longeron [area] below the emergency exit 
cut-outs, on the left-hand (LH) and right-hand (RH) sides of the 
fuselage.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus developed a 
modification, which has been published through Airbus Service 
Bulletin (SB) A320-53-1265 for in-service application to allow 
aeroplanes to operate up to the new ESG limit. Consequently, EASA 
issued AD 2014-0176 to require modification (cold working) of 8 
fastener locations in the longeron area (Stringer 20A) below the 
emergency exit cut-outs on the LH and RH sides.
    Since that [EASA] AD was issued, it was identified that post-mod 
32208 aeroplanes, which were excluded from the Applicability of that 
[EASA] AD, are also affected.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2014-0176, which is superseded, but no 
longer excludes post-mod 32208 aeroplanes from the Applicability.

    As described in FAA Advisory Circular 120-104, several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a LOV of the 
engineering data that support the structural maintenance program under 
14 CFR 26.21. This AD is the result of an assessment of the previously 
established programs by the design approval holder (DAH) during the 
process of establishing the LOV for Airbus Model A319 and A320 series 
airplanes. The actions specified in this AD are necessary to complete 
certain programs to ensure the continued airworthiness of aging 
airplane structure

[[Page 15282]]

and to support an airplane reaching its LOV.
    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-2014-
0922.

Comments

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

Requests To Reference Revised Service Information

    Airbus, Delta Air Lines (Delta), and United Airlines (United) 
requested that we revise the SNPRM to reference Airbus Service Bulletin 
A320-53-1265, Revision 03, dated April 30, 2015.
    We agree with the commenters' requests to include the most recent 
service information; however, since Revision 03 was issued, Airbus 
Service Bulletin A320-53-1265, Revision 04, dated July 6, 2016, has 
been issued. No additional work is specified by Revision 03 or Revision 
04 of Airbus Service Bulletin A320-53-1265. Therefore, we have revised 
paragraph (g) of this AD to reference Airbus Service Bulletin A320-53-
1265, Revision 04, dated July 6, 2016, and we have revised paragraph 
(h) of this AD to provide credit for actions accomplished prior to the 
effective date of this AD using Airbus Service Bulletin A320-53-1265, 
Revision 02, dated July 10, 2014; or Airbus Service Bulletin A320-53-
1265, Revision 03, dated April 30, 2015.

Request To Revise Proposed Costs of Compliance

    Delta asked that we include the purchase price of the Airbus 
service information in the Costs of Compliance section of the SNPRM. 
Delta stated that operators must purchase the service information at a 
cost ranging, in their experience, from $15,000 to $280,000 per 
airplane. Delta added that the economic impact of the SNPRM should 
account for all costs associated with the regulatory action, including 
the purchase price of the service information.
    We do not agree with the commenter's request. The cost analysis in 
AD rulemaking actions describes only the direct costs of the specific 
actions required by the AD. Based on the best data available, the 
manufacturer provided the number of work-hours necessary for compliance 
with this AD, and the cost of any parts necessary for accomplishing 
those actions. It is our practice to post the service information that 
is required by this AD, and incorporated by reference in this AD, in 
the AD docket on the Internet at http://www.regulations.gov. Therefore, 
the service information is available to the affected parties by the 
means identified in the ADDRESSES section of this final rule.
    However, we have updated the estimated costs in this final rule to 
reflect the costs for required actions, as specified in the latest 
revision of the service information--i.e., Airbus Service Bulletin 
A320-53-1265, Revision 04, dated July 6, 2016.

Request To Revise Proposed Applicability

    Delta requested that we revise the proposed applicability to 
reflect the effectivity specified in Airbus Service Bulletin A320-53-
1265, Revision 02, dated July 10, 2014. Delta pointed out that, in our 
response to a comment from United in the SNPRM, we stated that we had 
revised the applicability to reflect the effectivity of Airbus Service 
Bulletin A320-53-1265, Revision 02, dated July 10, 2014. Delta asserted 
that the proposed applicability was not updated as stated.
    We do not agree to revise the applicability of this AD. However, we 
acknowledge that we did not revise the applicability specified in the 
proposed AD (in the SNPRM) to reflect the effectivity of Airbus Service 
Bulletin A320-53-1265, Revision 02, dated July 10, 2014. That service 
information specifies certain manufacturer's serial numbers (MSNs) for 
certain operators; however, the applicability of this AD matches the 
applicability specified in the MCAI, which applies to all MSNs, except 
those airplanes on which Airbus Modification 152637 has been embodied 
in production. Airbus developed Modification 152637 to enable these 
airplanes to continue to safely operate up to the new ESG. Because all 
airplanes reaching their LOV are subject to the effects of aging 
airplane structure, regardless of who operates them, we find it 
necessary to apply the requirements of this AD to all airplanes that 
have not had Airbus Modification 152637 installed. We have not revised 
this AD in this regard.

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 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    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

    Airbus has issued Service Bulletin A320-53-1265, Revision 04, dated 
July 6, 2016. The service information describes procedures for 
modifying the fastener locations in the longeron area below the 
emergency exit cut-outs on both RH and LH sides of the fuselage. 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 294 airplanes of U.S. registry.
    We estimate that it takes between 7 and 12 work-hours per product 
to comply with the basic requirements of this AD, depending on airplane 
configuration. The average labor rate is $85 per work-hour. Required 
parts will cost about $0 per product. Based on these figures, we 
estimate the cost of this AD on U.S. operators to be between $174,930 
and $299,880, or between $595 and $1,020 per product.

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

[[Page 15283]]

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):

2017-06-12 Airbus: Amendment 39-18836; Docket No. FAA-2014-0922; 
Directorate Identifier 2014-NM-156-AD.

(a) Effective Date

    This AD is effective May 2, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category, except 
those on which Airbus modification (mod) 152637 has been embodied in 
production.
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes, all manufacturer serial numbers (MSN).
    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes, all MSN.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that fatigue cracking could 
appear at certain fastener locations in the longeron area below the 
emergency exit cut-outs. We are issuing this AD to detect and 
correct cracking at certain fastener locations in the longeron area 
below the emergency exit cut-outs, which could lead to failure of 
the fasteners and reduced structural integrity of the airplane.

(f) Compliance

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

(g) Modification of Fastener Locations

    Before the accumulation of 48,000 total flight cycles or 96,000 
total flight hours, whichever occurs first since the airplane's 
first flight, modify the 8 fastener locations in the longeron area 
(stringer 20A) below the emergency exit cut-outs on both right-hand 
(RH) and left-hand (LH)- sides, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1265, 
Revision 04, dated July 6, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A320-53-
1265, dated January 2, 2013; Airbus Service Bulletin A320-53-1265, 
Revision 01, dated July 2, 2013; Airbus Service Bulletin A320-53-
1265, Revision 02, dated July 10, 2014; or Airbus Service Bulletin 
A320-53-1265, Revision 03, dated April 30, 2015.

(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. 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) 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0085, dated May 13, 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-2014-0922.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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 A320-53-1265, Revision 04, dated 
July 6, 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 March 16, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-05766 Filed 3-27-17; 8:45 am]
 BILLING CODE 4910-13-P