[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Proposed Rules]
[Pages 52022-52024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22556]



[[Page 52022]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9519; Product Identifier 2016-NM-099-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 proposal for certain Airbus Model 
A318-112, A319-115, A320-214, A320-232, and A321-111 airplanes. This 
action revises the notice of proposed rulemaking (NPRM) by adding 
airplanes to the applicability and removing others that were 
inadvertently included due to typographical errors. We are proposing 
this airworthiness directive (AD) to address the unsafe condition on 
these products. Since these actions would impose an additional burden 
over those in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on January 3, 2017 (82 FR 50), is reopened.
    We must receive comments on this SNPRM by December 26, 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 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 
Standards Branch, 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-
9519; 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 
(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 Section, Transport Standards Branch, 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 proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-9519; 
Product Identifier 2016-NM-099-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 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 SNPRM.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus Model A318-112, A319-115, A320-214, A320-
232, and A321-111 airplanes. The NPRM published in the Federal Register 
on January 3, 2017 (82 FR 50) (``the NPRM''). The NPRM was prompted by 
in-service experience and further analysis, which showed that the 
galley 5 without kick-load retainers was unable to withstand the 
expected loading during several flight phases or in case of an 
emergency landing. The NPRM proposed to require modification of galley 
5 by adding kick-load retainers.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we determined that we inadvertently 
specified that Model A318-112 airplanes were included in the 
applicability (in paragraph (c) of the proposed AD). In addition, we 
specified in SUMMARY and the ``Discussion'' section of SUPPLEMENTARY 
INFORMATION that ``certain Airbus Model A318'' series airplanes were 
affected. However, as specified in European Aviation Safety Agency 
(EASA) AD 2016-0040, dated March 2, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), Model 
A319-112 airplanes are affected, and Model A318 airplanes are not 
included in the applicability.
    In addition, in paragraph (c) of the proposed AD, we inadvertently 
included Model A321-111 airplanes in the applicability. However, Model 
A321-211 airplanes are affected as specified in the MCAI.
    Since we did not include the Model A319-112 or Model A321-211 
airplanes in the NPRM and there are affected airplanes on the U.S. 
register, we are issuing this SNPRM to include Model A319-112 and Model 
A321-211 airplanes in the applicability.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued the MCAI to correct an unsafe condition for 
certain Airbus Model A319-112, A319-115, A320-214, A320-232, and A321-
211 airplanes. The MCAI states:

    Following in-service experience and further analyses, it was 
ascertained that the galley 5 without kick load retainers on 
external position could not withstand the expected loading during 
several flight phases or in case of emergency landing.
    This condition, if not corrected, could lead to galley/trolley 
detachment and collapse into an adjacent cabin aisle or cabin zone, 
possibly spreading loose galley equipment items, compartment doors 
or leaking fluids, blocking an evacuation route, and consequently 
resulting in injury to crew or passengers.
    To address this potential unsafe condition, Airbus issued 6 
Service Bulletins (SB) to provide modification instructions for the 
affected aeroplanes.
    For the reasons described above, this [EASA] AD requires 
modification of galley 5 trolley compartments to install kick load 
retainers.

    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-
9519.

[[Page 52023]]

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-25-1B29, dated June 19, 
2014; and Service Bulletin A320-25-1B30, dated June 19, 2014. This 
service information describes procedures for installing kick-load 
retainers on certain galley 5 trolley compartments. These documents are 
distinct since they apply to different airplane configurations. 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 
this proposed AD. We considered the comments received.

Support for the NPRM

    American Airlines had no objections to the NPRM.

Request To Reconcile a Difference Between the AD Applicability and the 
AD Required Action

    Spirit Airlines noted that manufacturer's serial number (MSN) 5672 
is not listed in paragraph (c) of the proposed AD (the applicability), 
but is listed in paragraph (g)(2) of the proposed AD as an airplane on 
which the kick-load retainers must be installed.
    We agree that there is a discrepancy between paragraphs (c) and 
(g)(2) of the proposed AD. We have determined that MSN 5672 is not 
affected by the identified unsafe condition. We have removed MSN 5672 
from paragraph (g)(2) of this proposed AD accordingly.

Request To Add Certain MSNs to the AD Required Action

    Spirit Airlines requested that certain MSNs that are shown in 
paragraph (c) of the proposed AD be added to paragraph (g) of the 
proposed AD and that we refer to Airbus Service Bulletin A320-25-1BBZ, 
dated October 2, 2015, as the appropriate source of service information 
for the applicable required actions.
    We disagree that Airbus Service Bulletin A320-25-1BBZ, dated 
October 2, 2015, should be added to paragraph (g) of this proposed AD. 
Airbus Service Bulletin A320-25-1BBZ, dated October 2, 2015, has not 
been reviewed and approved by the FAA for accomplishing the 
installation required by this proposed AD. The requirements for the 
MSNs identified by the commenter are included in paragraph (g)(3) of 
this proposed AD, which specifies that the installation must be done 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or EASA; or Airbus's EASA Design 
Organization Approval (DOA). We have not changed this proposed AD in 
this regard.

Request To Exclude Aircraft on Which the Required Actions Have Been 
Accomplished

    Spirit Airlines requested we exclude airplanes on which Airbus 
Service Bulletin A320-25-1BCN, dated December 22, 2015, has been 
accomplished. Spirit Airlines stated that accomplishing the service 
bulletin removes galley 5.
    We agree that the actions required by this proposed AD are not 
required on airplanes on which galley 5 has been removed. We have 
revised paragraph (g) of this AD accordingly.

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 SNPRM affects 19 airplanes of U.S. registry.
    We estimate the following costs to comply with this SNPRM:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification.......................  2 work-hours x $85 per hour              $0            $170          $3,230
                                      = $170.
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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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

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);

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    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 adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2016-9519; Product Identifier 2016-NM-099-AD.

(a) Comments Due Date

    We must receive comments by December 26, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-112, A319-115, A320-214, 
A320-232, and A321-211 airplanes, certificated in any category, 
manufacturer's serial numbers 1479, 3096, 3693, 3713, 3739, 3791, 
3896, 3902, 3907, 3931, 3949, 3969, 4030, 4045, 4049, 4059, 4066, 
4077, 4083, 4124, 4146, 4158, 4188, 4198, 4206, 4209, 4218, 4235, 
4255, 4264, 4304, 4321, 4371, 4374, 4395, 4411, 4417, 4431, 4485, 
4492, 4502, 4528, 4541, 4548, 4592, 4595, 4638, 4651, 4669, 4703, 
4724, 4737, 4746, 4770, 4780, 4783, 4826, 4827, 4860, 4863, 4865, 
4902, 4934, 4945, 4951, 4952, 4971, 4996, 5023, 5029, 5042, 5088, 
5095, 5132, 5159, 5164, 5171, 5175, 5192, 5210, 5227, 5241, 5247, 
5251, 5275, 5277, 5297, 5306, 5340, 5343, 5348, 5356, 5366, 5370, 
5385, 5387, 5392, 5396, 5400, 5407, 5418, 5427, 5438, 5456, 5458, 
5469, 5495, 5517, 5555, 5624, 5674, 5678, 5698, 5699, 5704, 5709, 
5714, 5791, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5804, 
5810, 5821, 5827, 5842, 5874, 5882, 5889, 5903, 5907, 5916, 5924, 
5958, 5984, 5994, 6000, 6004, 6054, 6080, 6107, 6166, 6176, 6234, 
6266, 6293, 6335, 6344, 6365, 6430, and 6444.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by in-service experience and further 
analysis, which showed that the galley 5 without kick-load retainers 
was unable to withstand the expected loading during several flight 
phases or in case of emergency landing. We are issuing this AD to 
prevent galley/trolley detachment and collapse into an adjacent 
cabin aisle or cabin zone, possibly spreading loose galley equipment 
items, compartment doors, or leaking fluids. These hazards could 
block an evacuation route and result in injury to crew or 
passengers.

(f) Compliance

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

(g) Install Kick-Load Retainers

    Within 12 months after the effective date of this AD, install 
kick-load retainers on the galley 5 trolley compartments as 
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as 
applicable. For airplanes on which galley 5 is not installed, no 
action is required by this paragraph.
    (1) For Airbus Model A319-115 airplanes, manufacturer's serial 
numbers 5678, 5698, 5704, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 
5798, 5810, 5827, and 5842, do the installation in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-25-
1B29, dated June 19, 2014.
    (2) For Airbus Model A320-232 airplanes, manufacturer's serial 
numbers 5458, 5517, 5624, and 5804, do the installation in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-25-1B30, dated June 19, 2014.
    (3) For airplanes not identified in paragraph (g)(1) or (g)(2) 
of this AD, do the installation using a method approved by the 
Manager, International Section, Transport Standards Branch, FAA; or 
the European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (i)(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 
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0040, dated March 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-2016-9519.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, 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 Standards Branch, 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 October 11, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-22556 Filed 11-8-17; 8:45 am]
 BILLING CODE 4910-13-P