[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24043-24045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9431; Directorate Identifier 2016-NM-104-AD; 
Amendment 39-18897; AD 2017-10-23]
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 A321 series airplanes. This AD was prompted by a 
determination that cracks could develop on holes at certain fuselage 
frame locations. This AD requires repetitive inspections for cracking 
on holes at certain fuselage frame locations, and repairs if necessary. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective June 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 29, 
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-2016-
9431.

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-
9431; 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 A321 
series airplanes. The NPRM published in the Federal Register on 
December 2, 2016 (81 FR 86975). The NPRM was prompted by a 
determination from fatigue testing on the Model A321 airframe that 
cracks could develop on holes at certain fuselage frame locations. The 
NPRM proposed to require repetitive inspections for cracking on holes 
at certain fuselage frame locations, and repairs if necessary. We are 
issuing this AD to detect and correct cracking at certain hole 
locations in the fuselage frame, which could result in 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 2016-0106, dated June 6, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Airbus Model 
A321 series airplanes. The MCAI states:

    Following a new full scale fatigue test campaign on the A321 
airframe, in the context of the A321 extended service goal, it was 
identified that cracks could develop on holes at frame (FR) 35.2A 
between stringers (STR) 22 and STR 23 on right hand (RH) and left 
hand (LH) sides, also on aeroplanes operated in the context of 
design service goal.
    This condition, if not detected and corrected, could reduce the 
structural integrity of the fuselage.
    Prompted by these findings, Airbus developed an inspection 
programme, published in Service Bulletin (SB) A320-53-1315 and SB 
A320-53-1316, each containing instructions for a different location.

[[Page 24044]]

    For the reasons described above, this [EASA] AD requires 
repetitive special detailed (rototest) inspections (SDI) of the 
affected holes [for cracking] and, depending on findings, 
accomplishment of a repair.
    This [EASA] AD is considered an interim action, pending 
development of a permanent solution.

    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-
9431.

Comments

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

Request To Use Later Approved Service Information Revisions

    Delta Airlines (DAL) requested that we revise the NPRM to permit 
use of later approved revisions of service information as we have done 
in previous alternative methods of compliance (AMOCs). DAL stated that 
Airbus service bulletins are EASA approved, and through the bi-lateral 
agreement with the European Union, these subsequent service bulletin 
revisions should be allowed to be used by U.S. operators without 
seeking an AMOC. DAL also explained that having the ability to utilize 
future service bulletin revisions without seeking an AMOC is more 
efficient and preserves the required level of safety.
    We do not agree with DAL's request. While we acknowledge that we 
allow the use of later approved revisions of service information in 
AMOCs, we may not allow use of ``later FAA-approved revisions'' in an 
AD when referring to the service document. Doing so violates Office of 
the Federal Register (OFR) regulations for approval of materials 
``incorporated by reference,'' as specified in 1 CFR 51.1(f).
    In general terms, we are required by the OFR regulations to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to the OFR for approval as 
``referenced'' material, in which case we may only refer to such 
material in the text of an AD. The AD may refer to the service document 
only if the OFR approved it for ``incorporation by reference.'' See 1 
CFR part 51.
    To allow operators to use later revisions of the referenced 
document (issued after publication of the AD), either we must revise 
the AD to reference specific later revisions, or operators must request 
approval to use later revisions as an AMOC under the provisions of 
paragraph (i)(1) of this AD. We have not changed this AD in this 
regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed except for 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1315, dated January 13, 
2016; and Service Bulletin A320-53-1316, dated January 13, 2016. This 
service information describes procedures for doing a special detailed 
inspection for cracking at the tooling holes on frame 35.2A between 
stringer 22 and stringer 23, and repairs. These documents are distinct 
since they apply to different sides of the airplane. 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 175 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
        Action                  Labor cost            Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection............  12 work-hours x $85 per                 $0  $1,020 per inspection  $178,500 per
                         hour = $1,020 per                           cycle.                 inspection cycle
                         inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,

[[Page 24045]]

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):

2017-10-23 Airbus: Amendment 39-18897; Docket No. FAA-2016-9431; 
Directorate Identifier 2016-NM-104-AD.

(a) Effective Date

    This AD is effective June 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes, certificated in any category, 
all manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination from fatigue testing on 
the Model A321 airframe that cracks could develop on holes at 
certain fuselage frame locations. We are issuing this AD to detect 
and correct cracking at certain hole locations in the fuselage 
frame, 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) Repetitive Inspections

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Do a special detailed (rototest) inspection for 
cracking of the affected holes at frame 35.2A on the left-hand side 
and right-hand side between stringer 22 and stringer 23, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1315, dated January 13, 2016 (right-hand side); and 
Airbus Service Bulletin A320-53-1316, dated January 13, 2016 (left-
hand side). Repeat the inspection of the affected holes thereafter 
at intervals not to exceed 21,500 flight cycles or 43,100 flight 
hours, whichever occurs first.
    (1) Before exceeding 25,400 total flight cycles or 50,900 total 
flight hours since first flight of the airplane, whichever occurs 
first.
    (2) Within 3,300 flight cycles after the effective date of this 
AD.

(h) Repair

    If any crack is found during any inspection required by 
paragraph (g) of this AD: Before further flight, repair using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). 
Although the service information specified in paragraph (g) of this 
AD specifies to contact Airbus for repair instructions, and 
specifies that action as ``RC'' (Required for Compliance), this AD 
requires repair as specified in this paragraph. Repair of an 
airplane as required by this paragraph does not constitute 
terminating action for the repetitive actions required by paragraph 
(g) of this AD, unless specified otherwise in the instructions 
provided by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA.

(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 EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (h) of this AD: 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) 
EASA Airworthiness Directive 2016-0106, dated June 6, 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-2016-9431.

(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 A320-53-1315, dated January 13, 
2016.
    (ii) Airbus Service Bulletin A320-53-1316, dated January 13, 
2016.
    (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 May 10, 2017.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10264 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-13-P