[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22910-22913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10034]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6429; Directorate Identifier 2015-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier notice of proposed rulemaking 
(NPRM) to supersede Airworthiness Directive (AD) 2015-05-02, which 
applies to all Airbus Model A318, A319, A320-211, -212, -214, -231, -
232, and -233, and A321 series airplanes. This action revises the NPRM 
by proposing to require revising the maintenance or inspection program 
to incorporate new or revised structural inspection requirements and 
adding airplanes to the applicability. We are proposing this AD to 
address the unsafe condition on these products. Since these actions 
impose an additional burden over that proposed in the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on May 11, 2016 (81 FR 29198), is reopened.
    We must receive comments on this SNPRM by July 3, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Airbus, 
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6429; 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 SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office (phone: 
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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6429; 
Directorate Identifier 2015-NM-117-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this SNPRM. We will 
consider all comments received by the closing date and may amend this 
SNPRM because of 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 SNPRM.

Discussion

    On February 25, 2015, we issued AD 2015-05-02, Amendment 39-18112 
(80 FR 15152, March 23, 2015) (``AD 2015-05-02''). AD 2015-05-02 
requires actions intended to address an unsafe condition on all Airbus 
Model A318, A319, A320-211, -212, -214, -231, -232, and -233, and A321 
series airplanes.
    We issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2015-05-02 that would apply to

[[Page 22911]]

certain Airbus Model A318, A319, A320-211, -212, -214, -231, -232, and 
-233, and A321 series airplanes. The NPRM published in the Federal 
Register on May 11, 2016 (81 FR 29198) (``the NPRM''). The NPRM was 
prompted by an evaluation by the design approval holder (DAH) which 
indicates that principal structural elements and certain life-limited 
parts are subject to widespread fatigue damage (WFD). The NPRM proposed 
to require revising the maintenance or inspection program, as 
applicable, to incorporate new or revised structural inspection 
requirements.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, the manufacturer has issued more 
restrictive airworthiness limitations and added Model A320-251N and -
271N airplanes to the applicability.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0239, dated December 2, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition. The MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes 
are currently included in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) documents. The Damage Tolerant 
Airworthiness Limitation Items are published in ALS Part 2, approved 
by EASA.
    The instructions contained in the ALS Part 2 have been 
identified as mandatory actions for continued airworthiness. Failure 
to comply with these instructions could result in an unsafe 
condition.
    Previously, EASA issued AD 2015-0083 to require accomplishment 
of all maintenance tasks as described in ALS Part 2 at Revision 03. 
Since that [EASA] AD was issued, Airbus issued Revision 04, and 
later on Revision 05 of the ALS Part 2, including new and/or more 
restrictive items, and new A320 models were certified.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2015-0083, which is superseded, expands the 
Applicability by adding the models A320-251N and A320-271N, requires 
accomplishment of all maintenance tasks as described in the ALS Part 
2, Revision 05 (hereafter referred to as `the ALS' in this [EASA] 
AD), and provides specific compliance times for ALS task 572021-01-1 
(Wide Spread Fatigue Damage related).

    The required action is revising the maintenance or inspection 
program to incorporate new or revised structural inspection 
requirements. The unsafe condition is fatigue cracking, accidental 
damage, or corrosion in principal structural elements, and WFD, which 
could result in reduced structural integrity of the airplane. 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-2016-
6429.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 1--Safe Life--Airworthiness Limitation Items (SL--ALI), 
Revision 04, dated June 20, 2016. This service information describes 
mandatory instructions and airworthiness limitations for the ``safe-
life'' structure.
     A318/A319/A320/A321 ALS Part 2--Damage-Tolerant--
Airworthiness Limitation Items (DT--ALI), Revision 05, dated July 8, 
2016. This service information describes mandatory instructions and 
airworthiness limitations arising from fatigue and damage tolerance 
evaluation of damage tolerant structural elements.
    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.

Comments

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

Requests To Specify Revised Service Information

    Airbus requested that we revise the NPRM to specify the latest ALS 
Part 1 document, which is currently Airbus A318/A319/A320/A321 ALS Part 
1 SL--ALI, Revision 03, dated February 22, 2016. Airbus and United 
Airlines (UAL) requested that we revise the NPRM to specify Revision 05 
of Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI, which is expected to 
be published soon.
    We agree with the commenters' requests. We have reviewed the latest 
ALS documents: Airbus A318/A319/A320/A321 ALS Part 1--SL--ALI, Revision 
04, dated June 20, 2016; and Airbus A318/A319/A320/A321 ALS Part 2--
DT--ALI, Revision 05, dated July 8, 2016.
    We have added paragraph (j) to this proposed AD to specify that the 
incorporation of Airbus A318/A319/A320/A321 ALS Part 1--SL--ALI, 
Revision 04, dated June 20, 2016, is a method of compliance for the 
requirements of paragraph (g)(1) of this proposed AD. We have 
redesignated subsequent paragraphs accordingly.
    We have also revised paragraph (i) of this proposed AD to specify 
incorporation of Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI, 
Revision 05, dated July 8, 2016.

Request To Allow Repair Design Approval Sheets (RDAS)

    UAL requested that we allow the instructions for continued 
airworthiness (ICA) defined in Airbus/EASA-approved RDAS as an 
acceptable adaptation to an ALI task for the affected repair location 
in lieu of obtaining approval of an FAA alternative method of 
compliance (AMOC). UAL stated that paragraph (j) of the proposed AD (in 
the NPRM) (referred to as paragraph (k) of this proposed AD (in the 
SNPRM)) prohibits alternative action(s), including inspections and/or 
intervals, unless approved by an AMOC.
    We do not agree with UAL's request. 14 CFR part 39.17 states that 
if a change in a product affects an operator's ability to accomplish 
the actions required by the airworthiness directive in any way, the 
operator must request FAA approval of an AMOC. For approval of an AMOC, 
the operator must provide evidence that the change will eliminate the 
unsafe condition or include the specific proposed actions to address 
the unsafe condition. An operator can submit a RDAS as substantiation 
to support a request for an AMOC in accordance with the procedures 
specified in paragraph (l)(1) of this proposed AD. We have not changed 
this proposed AD in this regard.

Request for Repair Policy Clarification

    UAL requested that we clarify the repairs required by the proposed 
AD. UAL explained that paragraph 5.3 of Airbus A318/A319/A320/A321 ALS 
Part 2, DT--ALI, Revision 04, dated December 18, 2015, states that 
operators must follow the structural repair manual or RDAS in case of 
damage or repairs. UAL stated that it is not certain that this 
provision provides authority to incorporate the adapted ICA for the 
repairs without requesting approval of an FAA AMOC.
    We agree that clarification is necessary. AMOCs are not required to 
address findings from the required ALS inspection because the AD does 
not mandate corrective actions. An AMOC is only required if there are 
deviations from the ALS inspection method or interval. Operators of 
U.S.-registered airplanes are required by general airworthiness and 
operational regulations to perform maintenance using methods that are 
acceptable to the

[[Page 22912]]

FAA. We have not changed this proposed AD in this regard.

FAA's Determination and Requirements of This SNPRM

    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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 1,182 airplanes of U.S. 
registry.
    The actions required by AD 2015-05-02, and retained in this 
proposed AD, take about 2 work-hours per product, at an average labor 
rate of $85 per work-hour. Based on these figures, the estimated cost 
of the actions that are required by AD 2015-05-02 is $170 per product.
    We also estimate that it will take about 2 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $200,940, or $170 
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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Airworthiness Directive (AD) 
2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), and 
adding the following new AD:

Airbus: Docket No. FAA-2016-6429; Directorate Identifier 2015-NM-
117-AD.

(a) Comments Due Date

    We must receive comments by July 3, 2017.

(b) Affected ADs

    This AD replaces AD 2015-05-02, Amendment 39-18112 (80 FR 15152, 
March 23, 2015) (``AD 2015-05-02'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before July 8, 2016.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, 
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder which indicates that principal structural elements and 
certain life-limited parts are subject to widespread fatigue damage 
(WFD). We are issuing this AD to prevent fatigue cracking, 
accidental damage, or corrosion in principal structural elements, 
and WFD, which could result in reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (n) of AD 
2015-05-02, with no changes. Within 30 days after March 2, 2015 (the 
effective date of AD 2014-23-15, Amendment 39-18031 (80 FR 3871, 
January 26, 2015) (``AD 2014-23-15'')), revise the maintenance or 
inspection program, as applicable, to incorporate the Airworthiness 
Limitation Items (ALIs) specified in paragraphs (g)(1) and (g)(2) of 
this AD. The initial compliance time for accomplishing the actions 
is at the applicable time identified in the ALIs specified in 
paragraphs (g)(1) and (g)(2) of this AD; or within 4 months after 
March 2, 2015 (the effective date of AD 2014-23-15); whichever 
occurs later.
    (1) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life 
Airworthiness Limitation Items, Revision 02, dated May 13, 2011.
    (2) Airbus A318/A319/A320/A321 ALS Part 2--Damage-Tolerant 
Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28, 
2013.

(h) Retained Limitation: No Alternative Actions, Intervals, and/or 
Critical Design Configuration Control Limitations (CDCCLs), With an 
Exception

    This paragraph restates the requirements of paragraph (o) of AD 
2015-05-02, with an exception. Except as specified in paragraph (i) 
or (j) of this AD, as applicable, after accomplishing the revision 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and/or CDCCLs may be used unless the 
actions, intervals, and/or CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection

[[Page 22913]]

program, as applicable, to incorporate the ALIs specified in Airbus 
A318/A319/A320/A321 ALS Part 2, Damage Tolerant Airworthiness 
Limitation Items (DT--ALI), Revision 05, dated July 8, 2016. The 
initial compliance time for accomplishing the actions is at the 
applicable time identified in the ALIs specified in
    Airbus A318/A319/A320/A321 ALS Part 2, DT--ALI, Revision 05, 
dated July 8, 2016, without exceeding the inspection intervals in 
the ALIs specified in the service information identified in 
paragraph (g)(2) of this AD. Accomplishing this action terminates 
the requirements of paragraph (g)(2) of this AD.

(j) New Method of Compliance for Maintenance or Inspection Program 
Revision

    Revising the maintenance or inspection program, as applicable, 
to incorporate the ALIs specified in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) Part 1--Safe Life 
Airworthiness Limitation Items (SL--ALI), Revision 04, dated June 
20, 2016, is a method of compliance for the actions required by 
paragraph (g)(1) of this AD. The initial compliance time for 
accomplishing the actions is at the applicable time identified in 
the ALIs specified in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) Part 1--Safe Life Airworthiness Limitation 
Items (SL--ALI), Revision 04, dated June 20, 2016, without exceeding 
the inspection intervals in the ALIs specified in the service 
information identified in paragraph (g)(1) of this AD. Accomplishing 
this action terminates the requirements of paragraph (g)(1) of this 
AD.

(k) New No Alternative Actions and/or Intervals

    After accomplishing the revision required by paragraph (i) or 
specified in paragraph (j) of this AD, no alternative actions (e.g., 
inspections) and/or intervals may be used unless the actions and/or 
intervals are approved as an AMOC in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(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 the attention of 
the person identified in paragraph (m)(2) of this AD. Information 
may be emailed to: [email protected].
    (i) 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.
    (ii) AMOCs approved previously for AD 2015-05-02, are approved 
as AMOCs for the corresponding provisions of paragraphs (g) and (h) 
of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0239, dated December 2, 
2016, 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-2016-6429.
    (2) For more information about this AD, 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.
    (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. 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.

    Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10034 Filed 5-18-17; 8:45 am]
 BILLING CODE 4910-13-P