[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58098-58102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26364]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0625; Product Identifier 2016-NM-089-AD; Amendment 
39-19118; AD 2017-25-04]
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 superseding Airworthiness Directive (AD) 2014-22-08, 
which applied to all Airbus Model A318 and A319 series airplanes; Model 
A320-111, -211, -212, -214, -231, -232, and -233 airplanes; and Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 
2014-22-08 required revising the maintenance or inspection program to 
incorporate new or revised airworthiness limitation requirements. This 
new AD requires revising the maintenance or inspection program to 
incorporate new or revised airworthiness limitation requirements, and 
removes airplanes from the applicability. This AD was prompted by a 
determination that more restrictive maintenance instructions and 
airworthiness limitations are necessary. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective January 16, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 17, 2014 (79 FR 67042, November 12, 2014).

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://

[[Page 58099]]

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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0625.

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-2017-
0625; 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 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 Section, Transport Standards Branch, 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 to supersede AD 2014-22-08, Amendment 39-18013 (79 FR 67042, 
November 12, 2014) (``AD 2014-22-08''). AD 2014-22-08 applied to all 
Airbus Model A318 and A319 series airplanes; Model A320-111, -211, -
212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in 
the Federal Register on June 27, 2017 (82 FR 29016). The NPRM was 
prompted by a determination that more restrictive maintenance 
instructions and airworthiness limitations are necessary. The NPRM 
proposed to revise the maintenance or inspection program to incorporate 
new or revised airworthiness limitation requirements, and to remove 
airplanes from the applicability. We are issuing this AD to prevent a 
safety-significant latent failure (that is not annunciated), which, in 
combination with one or more other specific failures or events, could 
result in a hazardous or catastrophic failure condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0092, dated May 13, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all Airbus Model A318 and A319 series airplanes; 
Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model 
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The 
MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes 
are currently defined and published in Airbus A318/A319/A320/A321 
Airworthiness Limitations Section (ALS) documents. The airworthiness 
limitations applicable to the Certification Maintenance Requirements 
(CMR), which are approved by EASA, are published in ALS Part 3.
    The instructions contained in the ALS Part 3 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 2013-0148 [which corresponds to FAA 
AD 2014-22-08] to require accomplishment of all maintenance tasks as 
described in ALS Part 3 at Revision 01. The new ALS Part 3 Revision 
03 (hereafter referred to as `the ALS' in this [EASA] AD) includes 
new and/or more restrictive requirements.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0148, which is superseded, and requires 
accomplishment of all maintenance tasks as described in the ALS.

    The unsafe condition is a safety-significant latent failure (that 
is not annunciated), which, in combination with one or more other 
specific failures or events, could result in a hazardous or 
catastrophic failure condition. 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-2017-0625.

Comments

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

Request To Revise Cost Estimate

    Delta Airlines (DAL) requested that we revise the cost estimate of 
the proposed AD. DAL pointed out that revising the maintenance or 
inspection program to incorporate new or revised airworthiness 
limitation requirements is a fleet-based effort. DAL stated that it 
estimates the cost to be 200 work-hours per operator, which would total 
$17,000 per operator. DAL also stated that each operator would incur a 
similar cost that is independent of fleet size.
    We disagree with the request to revise the cost estimate. The cost 
estimate in ADs is based on an estimated cost per airplane regardless 
of any operator's fleet size, which varies by operator. Additionally, 
the cost estimate describes only the direct costs and time necessary to 
perform the specific actions required by this AD. We recognize that, in 
doing the actions required by an AD, operators might incur incidental 
costs in addition to the direct costs. The cost analysis in AD 
rulemaking actions, however, typically does not include incidental 
costs such as the time necessary for planning or time necessitated by 
other administrative actions. Those incidental costs, which might vary 
significantly among operators, are almost impossible to calculate. We 
have not changed this AD in this regard.

Requests To Revise Previously Approved Alternative Method of Compliance 
(AMOC) Provisions

    DAL requested that we revise paragraph (k)(1)(ii) of the proposed 
AD from approving previously approved AMOCs for AD 2014-22-08 as AMOCs 
for the corresponding provisions of paragraph (g) of the proposed AD, 
to being approved for the corresponding provisions of paragraph (i) of 
the proposed AD. DAL pointed out that this change would allow the AMOCs 
previously approved for AD 2014-22-08 to be applicable to both 
paragraphs (g) and (i) of the proposed AD, eliminating the need for new 
AMOCs to address issues identified in AD 2014-22-08 and carried over to 
the proposed AD.
    Spirit Airlines noted that, based on paragraph (k)(1)(ii) of the 
proposed AD, AMOCs approved for AD 2014-22-08 would not be valid for 
the new requirements of paragraph (i) of the proposed AD.
    We agree that certain AMOCs approved for AD 2014-22-08 are approved 
for the corresponding provisions of this AD. We have added paragraph 
(k)(1)(iii) to this AD to specify that the certain previous AMOCs that 
are approved for AD 2014-22-08 are approved as AMOCs for the 
corresponding provisions of paragraph (i) of this AD. The previous 
AMOCs include Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 05, 
dated April 6, 2017.

Request To Cite Latest Revision of the Service Information

    Spirit Airlines requested that we refer to Revision 05, dated April 
6, 2017, of

[[Page 58100]]

Airbus A318/A319/A320/A321 ALS Part 3, CMR, (``ALS Part 3'') in 
paragraph (i) of this AD (we referred to Airbus A318/A319/A320/A321 ALS 
Part 3, CMR, Revision 03, dated December 21, 2015 (``Airbus A318/A319/
A320/A321 ALS Part 3, Revision 03''), as the appropriate source of 
service information for accomplishing the revision specified in 
paragraph (i) of the proposed AD).
    We do not agree with the request to specify the revised service 
information in this final rule. The revised service information 
includes new and more restrictive items and is applicable to additional 
airplanes. To require incorporation of the revised service information, 
we would have to issue a supplement NPRM for public comment and would 
incur undue delay in issuance of the final rule. In addition, EASA has 
not published an AD mandating Revision 05, dated April 6, 2017, of ALS 
Part 3. We are considering further rulemaking to supersede this final 
rule to require incorporating the revised service information. We have 
made no change to this AD in this regard.

Request To Allow the of Use Later Approved Revisions of the Service 
Information

    DAL requested that we allow the use of later approved revisions of 
Airbus A318/A319/A320/A321 ALS Part 3. DAL stated that permitting later 
approved revisions would reduce the number of requests for an AMOC. DAL 
also mentioned that Airbus has requested approval of Variation 5.1, of 
ALS Part 3, as an AMOC to AD 2014-22-08.
    We do not agree with DAL's request to allow the use of later 
approved revisions of Airbus A318/A319/A320/A321 ALS Part 3. We cannot 
use the phrase, ``or later approved revisions,'' in an AD when 
referring to the service document because doing so violates Office of 
the Federal Register (OFR) regulations for approval of materials 
``incorporated by reference'' in rules. However, as stated previously, 
we have revised this AD to specify that AMOCs approved for AD 2014-22-
08 are approved for the corresponding provisions of this AD.

Conclusion

    We reviewed the available data, including 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 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 A318/A319/A320/A321 Airworthiness Limitations 
Section (ALS) Part 3, Certification Maintenance Requirements (CMR), 
Revision 03, dated December 21, 2015. This service information 
describes maintenance instructions and airworthiness limitations, 
including updated inspections and intervals, to be incorporated into 
the maintenance or inspection program. 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 1,032 airplanes of U.S. registry.
    The actions required by AD 2014-22-08, and retained in this AD take 
about 1 work-hour 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 2014-22-08 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators to be $87,720, or $85 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.
    This 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 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 removing Airworthiness Directive (AD) 
2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014), and 
adding the following new AD:

2017-25-04 Airbus: Amendment 39-19118; Docket No. FAA-2017-0625; 
Product Identifier 2016-NM-089-AD.

(a) Effective Date

    This AD is effective January 16, 2018.

[[Page 58101]]

(b) Affected ADs

    This AD replaces AD 2014-22-08, Amendment 39-18013 (79 FR 67042, 
November 12, 2014) (``AD 2014-22-08'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1), (c)(2), (c)(3), and (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 December 21, 
2015.
    (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, -231, -232, and -233 airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance instructions and airworthiness limitations are 
necessary. We are issuing this AD to prevent a safety-significant 
latent failure (that is not annunciated), which, in combination with 
one or more other specific failures or events, could result in a 
hazardous or catastrophic failure condition.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With New 
Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2014-22-08, with new terminating action. Within 30 days after 
December 17, 2014 (the effective date of AD 2014-22-08), revise the 
maintenance or inspection program, as applicable, by incorporating 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Revision 1, 
dated June 15, 2012. The initial compliance time for accomplishing 
the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, CMR, 
Revision 1, dated June 15, 2012, is at the applicable time specified 
in the Record of Revisions of Airbus A318/A319/A320/A321 ALS Part 3, 
CMR, Revision 1, dated June 15, 2012; or within 30 days after 
December 17, 2014 (the effective date of AD 2014-22-08), whichever 
occurs later. Accomplishing the actions specified in paragraph (i) 
of this AD terminates the requirements of this paragraph.

(h) Retained Provision Regarding Alternative Actions and Intervals, 
With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2014-22-08, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revisions required by 
paragraph (g) of this AD, no alternative actions (e.g., inspections) 
or intervals may be used unless the actions or intervals are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (k)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) 
Part 3, Certification Maintenance Requirements (CMR), Revision 03, 
dated December 21, 2015 (``Airbus A318/A319/A320/A321 ALS Part 3, 
Revision 03''). The initial compliance time for accomplishing the 
tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, Revision 
03, is at the applicable time specified in Airbus A318/A319/A320/
A321 ALS Part 3, Revision 03, or within 30 days after the effective 
date of this AD, whichever occurs later. Accomplishing the actions 
specified in this paragraph terminates the requirements of paragraph 
(g) of this AD.

(j) New Provision Regarding No Alternative Actions or Intervals

    After the action required by paragraph (i) of this AD has been 
done, no alternative actions (e.g., inspections) or intervals may be 
used unless the actions or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) 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 (l)(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 2014-22-08 are approved as 
AMOCs for the corresponding provisions of paragraph (g) this AD.
    (iii) AMOCs approved previously for AD 2014-22-08, which are 
included in the FAA AMOC letters specified in paragraphs 
(k)(1)(iii)(A) and (k)(1)(iii)(B), are approved as AMOCs for the 
corresponding provisions of paragraph (i) of this AD.
    (A) FAA AMOC letter ANM-116-17-002R1, dated November 14, 2016.
    (B) FAA AMOC letter ANM-116-17-323, dated June 12, 2017.
    (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 Section, Transport Standards 
Branch, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0092, dated May 13, 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-2017-0625.
    (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.

(m) 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.
    (3) The following service information was approved for IBR on 
January 16, 2018.
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 
03, dated December 21, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
December 17, 2014 (79 FR 67042, November 12, 2014).
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 
1, dated June 15, 2012.
    (ii) Reserved.
    (5) 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.
    (6) 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.
    (7) 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.


[[Page 58102]]


    Issued in Renton, Washington, on November 29, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-26364 Filed 12-8-17; 8:45 am]
BILLING CODE 4910-13-P