[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 27983-27986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12289]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3148; Directorate Identifier 2014-NM-254-AD; 
Amendment 39-18928; AD 2017-12-13]
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 A320-212, -214, -232, and -233 airplanes. This AD was 
prompted by a report of a crack found during an inspection of the 
pocket radius of the fuselage frame. This AD requires repetitive low 
frequency eddy current inspections or repetitive high frequency eddy 
current inspections of this area, and repair if necessary. The repair 
terminates the repetitive inspections. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective July 25, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 25, 
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-2015-
3148.

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-
3148; 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

[[Page 27984]]

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 Airbus Model A320-212, -
214, -232, and -233 airplanes. The NPRM published in the Federal 
Register on August 27, 2015 (80 FR 51968) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0278, dated December 19, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A320-212, -214, -232, and -233 airplanes. The MCAI states:

    An operator reported finding a crack during an inspection in 
accordance with the instructions of Airbus Alert Operators 
Transmission (AOT) A53N007-14. What was found, a 170 mm through-
thickness crack in the pocket radius between frame 36 and 37 above 
stringer 6 on left hand (LH) side lap joint, was not the aim of the 
AOT inspection. Prior to this finding, the operator reported noise 
in the affected area during several weeks.
    This condition, if not detected and corrected, could lead to in-
flight decompression of the aeroplane, possibly resulting in injury 
to occupants.
    To address this unsafe condition, Airbus published AOT A53N009-
14 to provide inspection and repair instructions to detect and 
prevent crack propagation.
    EASA decided to agree on a sampling inspection to determine 
whether additional aeroplanes need to be inspected.
    For the reasons described above, this [EASA] AD requires, for 
the selected aeroplanes, repetitive Low Frequency Eddy Current 
(LFEC) or High Frequency Eddy Current (HFEC) inspections of the 
pocket radii [for cracks] located between fuselage frames 35 and 40, 
above stringer 6 on both LH and right hand (RH) sides and, depending 
on findings, accomplishment of repair instructions.
    This [EASA] AD is considered an interim action and further 
[EASA] AD action may follow.

    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-
3148.

Comments

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

Request To Withdraw the Proposed Rule

    Delta (DAL) requested that we withdraw the proposed rule. DAL 
commented that a review of the manufacturing records for the cracked 
skin panel noted rework in the discrepant area, which could have 
contributed to cracking. DAL also stated that the effectivity specified 
in Airbus AOT A53N009-14, dated December 17, 2014, was limited to 
airplanes fitted with reworked panels and manufactured with the same 
chemical milling process. DAL commented that, in addition, there were 
scratch-like indications near the cracked area which may have been due 
to the manufacturing process. DAL stated that further research is in 
work with nothing confirmed.
    DAL stated since the issuance of Airbus AOT A53N009-14, dated 
December 17, 2014, all 7 applicable airplanes mentioned in the proposed 
rule have completed the initial inspections with no findings. DAL 
stated that over half the airplanes were inspected from the inside 
using the HFEC inspection, which is capable of detecting very small 
cracks. DAL also commented that the inspection results have been 
provided to Airbus for review. DAL also stated that Airbus conducted a 
study that showed an undetected crack would not result in an explosive 
decompression but rather a partial opening of the skin causing flapping 
with a slow loss of cabin pressure. DAL noted that further testing is 
in work to determine what final action, if any, is required.
    DAL also stated that EASA is considering cancellation of AD 2014-
0278, dated December 19, 2014, pending the outcome of the 
investigations.
    DAL stated that the proposed rule is premature and should be 
cancelled based on the available data and recent inspection results.
    We disagree with the commenter's request. The EASA, as the State of 
Design Authority for Airbus products, has determined an unsafe 
conditions exists after conducting a risk analysis. We agree with the 
EASA's risk assessment and their decision to mitigate the risk by 
mandating the actions required in this AD. EASA has not determined that 
cancellation of AD 2014-0278, dated December 19, 2014, is warranted. 
However, if new information becomes available to justify revising or 
removing this AD, we will consider further rulemaking. 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

    We reviewed Airbus AOT A53N009-14, Rev 00, dated December 17, 2014. 
The service information describes procedures for repetitive inspections 
of the pocket radii located between fuselage frames 35 and 40, above 
stringer 6 on both the left- and right-hand sides, and repair if 
necessary. 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 1 airplane of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 27985]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  3 work-hours x $85             $0  $255 per inspection   $255 per inspection
                                    per hour = $255 per                cycle.                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

    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):

2017-12-13 Airbus: Amendment 39-18928; Docket No. FAA-2015-3148; 
Directorate Identifier 2014-NM-254-AD.

(a) Effective Date

    This AD becomes effective July 25, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus Model A320-212 airplane having 
manufacturer serial number (MSN) 1011; Airbus Model A320-214 
airplanes having MSNs 1009, 1026 and 1030; the Airbus Model A320-232 
airplane having MSN 0977; and Airbus Model A320-233 airplanes having 
MSNs 1007 and 1013; certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a crack found during an 
inspection of the pocket radius of the fuselage frame. We are 
issuing this AD to detect and correct any cracking of the pocket 
radius, which could lead to in-flight decompression of the airplane 
and possible injury to the passengers.

(f) Compliance

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

(g) Repetitive Inspections

    Within 750 flight cycles or 4 months, whichever occurs first 
after the effective date of this AD: Do a low frequency eddy current 
(LFEC) inspection or a high frequency eddy current (HFEC) inspection 
for cracking of the pocket radii located between fuselage frames 35 
and 40, above stringer 6 on both the left- and right-hand sides, in 
accordance with the instructions of Airbus Alert Operators 
Transmission (AOT) A53N009-14, Rev 00, dated December 17, 2014. 
Repeat the inspection, thereafter, at intervals not to exceed the 
times specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) For the LFEC inspection performed on the outside: Repeat the 
inspection at intervals not to exceed 1,000 flight cycles.
    (2) For the HFEC inspection performed on the inside: Repeat the 
inspection at intervals not to exceed 2,000 flight cycles.

(h) Corrective Action

    If, during any inspection required by paragraph (g) of this AD, 
any crack is found, before further flight, accomplish the repair in 
accordance with the instructions of Airbus AOT A53N009-14, Rev 00, 
dated December 17, 2014; except if the crack is beyond the 
structural repair manual limits as specified in Airbus AOT A53N009-
14, Rev 00, dated December 17, 2014, 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).

(i) Terminating Action

    Repair of an airplane as required by paragraph (h) of this AD 
terminates the repetitive inspections required by paragraph (g) of 
this AD for the repaired area only.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 (k)(2) of this AD. 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 EASA; 
or Airbus's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

[[Page 27986]]

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0278, dated December 19, 
2014, 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-2015-3148.
    (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.

(l) 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 A53N009-14, Rev 00, 
dated December 17, 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 June 6, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12289 Filed 6-19-17; 8:45 am]
 BILLING CODE 4910-13-P