82_FR_15339 82 FR 15281 - Airworthiness Directives; Airbus Airplanes

82 FR 15281 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 58 (March 28, 2017)

Page Range15281-15283
FR Document2017-05766

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319 and A320 series airplanes. This AD was prompted by a report that fatigue cracking could appear at certain fastener locations in the longeron area below the emergency exit cut-outs. This AD requires the modification of certain fastener locations in the longeron area below the emergency exit cut-outs. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 58 (Tuesday, March 28, 2017)
[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15281-15283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05766]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules 
and Regulations

[[Page 15281]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0922; Directorate Identifier 2014-NM-156-AD; 
Amendment 39-18836; AD 2017-06-12]
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 A319 and A320 series airplanes. This AD was prompted by a 
report that fatigue cracking could appear at certain fastener locations 
in the longeron area below the emergency exit cut-outs. This AD 
requires the modification of certain fastener locations in the longeron 
area below the emergency exit cut-outs. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 2, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 2, 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-2014-
0922.

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-2014-
0922; 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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain Airbus 
Model A319 and A320 series airplanes. The SNPRM published in the 
Federal Register on January 20, 2016 (81 FR 3053) (``the SNPRM''). We 
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on December 15, 2014 (79 FR 74035) 
(``the NPRM''). The NPRM proposed to require the modification of eight 
fastener locations in the longeron area below the emergency exit cut-
outs on the left-hand (LH) and right-hand (RH) sides. The NPRM was 
prompted by a report that fatigue cracking could appear at certain 
fastener locations in the longeron area below the emergency exit cut-
outs. The NPRM was intended to complete certain mandated programs 
intended to support the airplane reaching its limit of validity (LOV) 
of the engineering data that support the established structural 
maintenance program. The SNPRM proposed to add post-Airbus Modification 
32208 airplanes. We are issuing this AD to detect and correct cracking 
at certain fastener locations in the longeron area below the emergency 
exit cut-outs, which could lead to failure of the fasteners and 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 2015-0085, dated May 13, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Model A319 and 
Model A320 series airplanes. The MCAI states:

    During the A320 fatigue test campaign for Extended Service Goal 
(ESG), it was determined that fatigue damage could appear at certain 
fastener locations on the longeron [area] below the emergency exit 
cut-outs, on the left-hand (LH) and right-hand (RH) sides of the 
fuselage.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus developed a 
modification, which has been published through Airbus Service 
Bulletin (SB) A320-53-1265 for in-service application to allow 
aeroplanes to operate up to the new ESG limit. Consequently, EASA 
issued AD 2014-0176 to require modification (cold working) of 8 
fastener locations in the longeron area (Stringer 20A) below the 
emergency exit cut-outs on the LH and RH sides.
    Since that [EASA] AD was issued, it was identified that post-mod 
32208 aeroplanes, which were excluded from the Applicability of that 
[EASA] AD, are also affected.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2014-0176, which is superseded, but no 
longer excludes post-mod 32208 aeroplanes from the Applicability.

    As described in FAA Advisory Circular 120-104, several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a LOV of the 
engineering data that support the structural maintenance program under 
14 CFR 26.21. This AD is the result of an assessment of the previously 
established programs by the design approval holder (DAH) during the 
process of establishing the LOV for Airbus Model A319 and A320 series 
airplanes. The actions specified in this AD are necessary to complete 
certain programs to ensure the continued airworthiness of aging 
airplane structure

[[Page 15282]]

and to support an airplane reaching its LOV.
    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-2014-
0922.

Comments

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

Requests To Reference Revised Service Information

    Airbus, Delta Air Lines (Delta), and United Airlines (United) 
requested that we revise the SNPRM to reference Airbus Service Bulletin 
A320-53-1265, Revision 03, dated April 30, 2015.
    We agree with the commenters' requests to include the most recent 
service information; however, since Revision 03 was issued, Airbus 
Service Bulletin A320-53-1265, Revision 04, dated July 6, 2016, has 
been issued. No additional work is specified by Revision 03 or Revision 
04 of Airbus Service Bulletin A320-53-1265. Therefore, we have revised 
paragraph (g) of this AD to reference Airbus Service Bulletin A320-53-
1265, Revision 04, dated July 6, 2016, and we have revised paragraph 
(h) of this AD to provide credit for actions accomplished prior to the 
effective date of this AD using Airbus Service Bulletin A320-53-1265, 
Revision 02, dated July 10, 2014; or Airbus Service Bulletin A320-53-
1265, Revision 03, dated April 30, 2015.

Request To Revise Proposed Costs of Compliance

    Delta asked that we include the purchase price of the Airbus 
service information in the Costs of Compliance section of the SNPRM. 
Delta stated that operators must purchase the service information at a 
cost ranging, in their experience, from $15,000 to $280,000 per 
airplane. Delta added that the economic impact of the SNPRM should 
account for all costs associated with the regulatory action, including 
the purchase price of the service information.
    We do not agree with the commenter's request. The cost analysis in 
AD rulemaking actions describes only the direct costs of the specific 
actions required by the AD. Based on the best data available, the 
manufacturer provided the number of work-hours necessary for compliance 
with this AD, and the cost of any parts necessary for accomplishing 
those actions. It is our practice to post the service information that 
is required by this AD, and incorporated by reference in this AD, in 
the AD docket on the Internet at http://www.regulations.gov. Therefore, 
the service information is available to the affected parties by the 
means identified in the ADDRESSES section of this final rule.
    However, we have updated the estimated costs in this final rule to 
reflect the costs for required actions, as specified in the latest 
revision of the service information--i.e., Airbus Service Bulletin 
A320-53-1265, Revision 04, dated July 6, 2016.

Request To Revise Proposed Applicability

    Delta requested that we revise the proposed applicability to 
reflect the effectivity specified in Airbus Service Bulletin A320-53-
1265, Revision 02, dated July 10, 2014. Delta pointed out that, in our 
response to a comment from United in the SNPRM, we stated that we had 
revised the applicability to reflect the effectivity of Airbus Service 
Bulletin A320-53-1265, Revision 02, dated July 10, 2014. Delta asserted 
that the proposed applicability was not updated as stated.
    We do not agree to revise the applicability of this AD. However, we 
acknowledge that we did not revise the applicability specified in the 
proposed AD (in the SNPRM) to reflect the effectivity of Airbus Service 
Bulletin A320-53-1265, Revision 02, dated July 10, 2014. That service 
information specifies certain manufacturer's serial numbers (MSNs) for 
certain operators; however, the applicability of this AD matches the 
applicability specified in the MCAI, which applies to all MSNs, except 
those airplanes on which Airbus Modification 152637 has been embodied 
in production. Airbus developed Modification 152637 to enable these 
airplanes to continue to safely operate up to the new ESG. Because all 
airplanes reaching their LOV are subject to the effects of aging 
airplane structure, regardless of who operates them, we find it 
necessary to apply the requirements of this AD to all airplanes that 
have not had Airbus Modification 152637 installed. We have not revised 
this AD in this regard.

Conclusion

    We reviewed the relevant data, considered 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 minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1265, Revision 04, dated 
July 6, 2016. The service information describes procedures for 
modifying the fastener locations in the longeron area below the 
emergency exit cut-outs on both RH and LH sides of the fuselage. 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 294 airplanes of U.S. registry.
    We estimate that it takes between 7 and 12 work-hours per product 
to comply with the basic requirements of this AD, depending on airplane 
configuration. The average labor rate is $85 per work-hour. Required 
parts will cost about $0 per product. Based on these figures, we 
estimate the cost of this AD on U.S. operators to be between $174,930 
and $299,880, or between $595 and $1,020 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 AD will not have federalism implications 
under

[[Page 15283]]

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):

2017-06-12 Airbus: Amendment 39-18836; Docket No. FAA-2014-0922; 
Directorate Identifier 2014-NM-156-AD.

(a) Effective Date

    This AD is effective May 2, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category, except 
those on which Airbus modification (mod) 152637 has been embodied in 
production.
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes, all manufacturer serial numbers (MSN).
    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes, all MSN.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that fatigue cracking could 
appear at certain fastener locations in the longeron area below the 
emergency exit cut-outs. We are issuing this AD to detect and 
correct cracking at certain fastener locations in the longeron area 
below the emergency exit cut-outs, which could lead to failure of 
the fasteners and reduced structural integrity of the airplane.

(f) Compliance

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

(g) Modification of Fastener Locations

    Before the accumulation of 48,000 total flight cycles or 96,000 
total flight hours, whichever occurs first since the airplane's 
first flight, modify the 8 fastener locations in the longeron area 
(stringer 20A) below the emergency exit cut-outs on both right-hand 
(RH) and left-hand (LH)- sides, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1265, 
Revision 04, dated July 6, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A320-53-
1265, dated January 2, 2013; Airbus Service Bulletin A320-53-1265, 
Revision 01, dated July 2, 2013; Airbus Service Bulletin A320-53-
1265, Revision 02, dated July 10, 2014; or Airbus Service Bulletin 
A320-53-1265, Revision 03, dated April 30, 2015.

(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. The 
AMOC approval letter must specifically reference this AD.
    (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 
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.
    (3) Required for Compliance (RC): 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2015-0085, dated May 13, 2015, 
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-2014-0922.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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 A320-53-1265, Revision 04, dated 
July 6, 2016.
    (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 March 16, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-05766 Filed 3-27-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                     15281

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 82, No. 58

                                                                                                                                                              Tuesday, March 28, 2017



                                                This section of the FEDERAL REGISTER                    and locating Docket No. FAA–2014–                     cracking at certain fastener locations in
                                                contains regulatory documents having general            0922.                                                 the longeron area below the emergency
                                                applicability and legal effect, most of which                                                                 exit cut-outs, which could lead to
                                                are keyed to and codified in the Code of                Examining the AD Docket
                                                                                                                                                              failure of the fasteners and reduced
                                                Federal Regulations, which is published under             You may examine the AD docket on                    structural integrity of the airplane.
                                                50 titles pursuant to 44 U.S.C. 1510.                   the Internet at http://                                  The European Aviation Safety Agency
                                                The Code of Federal Regulations is sold by              www.regulations.gov by searching for                  (EASA), which is the Technical Agent
                                                the Superintendent of Documents.                        and locating Docket No. FAA–2014–                     for the Member States of the European
                                                                                                        0922; or in person at the Docket                      Union, has issued EASA Airworthiness
                                                                                                        Management Facility between 9 a.m.                    Directive 2015–0085, dated May 13,
                                                DEPARTMENT OF TRANSPORTATION                            and 5 p.m., Monday through Friday,                    2015 (referred to after this as the
                                                                                                        except Federal holidays. The AD docket                Mandatory Continuing Airworthiness
                                                Federal Aviation Administration                         contains this AD, the regulatory                      Information, or ‘‘the MCAI’’), to correct
                                                                                                        evaluation, any comments received, and                an unsafe condition on certain Model
                                                14 CFR Part 39                                          other information. The street address for             A319 and Model A320 series airplanes.
                                                [Docket No. FAA–2014–0922; Directorate                  the Docket Office (telephone 800–647–                 The MCAI states:
                                                Identifier 2014–NM–156–AD; Amendment                    5527) is Docket Management Facility,                     During the A320 fatigue test campaign for
                                                39–18836; AD 2017–06–12]                                U.S. Department of Transportation,                    Extended Service Goal (ESG), it was
                                                RIN 2120–AA64
                                                                                                        Docket Operations, M–30, West                         determined that fatigue damage could appear
                                                                                                        Building Ground Floor, Room W12–140,                  at certain fastener locations on the longeron
                                                                                                        1200 New Jersey Avenue SE.,                           [area] below the emergency exit cut-outs, on
                                                Airworthiness Directives; Airbus
                                                                                                        Washington, DC 20590.                                 the left-hand (LH) and right-hand (RH) sides
                                                Airplanes                                                                                                     of the fuselage.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                         This condition, if not detected and
                                                AGENCY:  Federal Aviation                               Sanjay Ralhan, Aerospace Engineer,                    corrected, could affect the structural integrity
                                                Administration (FAA), Department of                     International Branch, ANM–116,                        of the aeroplane.
                                                Transportation (DOT).                                   Transport Airplane Directorate, FAA,                     To address this potential unsafe condition,
                                                ACTION: Final rule.                                     1601 Lind Avenue SW., Renton, WA                      Airbus developed a modification, which has
                                                                                                        98057–3356; telephone 425–227–1405;                   been published through Airbus Service
                                                SUMMARY:    We are adopting a new                       fax 425–227–1149.                                     Bulletin (SB) A320–53–1265 for in-service
                                                airworthiness directive (AD) for certain                                                                      application to allow aeroplanes to operate up
                                                                                                        SUPPLEMENTARY INFORMATION:                            to the new ESG limit. Consequently, EASA
                                                Airbus Model A319 and A320 series
                                                airplanes. This AD was prompted by a                                                                          issued AD 2014–0176 to require modification
                                                                                                        Discussion
                                                                                                                                                              (cold working) of 8 fastener locations in the
                                                report that fatigue cracking could appear                  We issued a supplemental notice of                 longeron area (Stringer 20A) below the
                                                at certain fastener locations in the                    proposed rulemaking (SNPRM) to                        emergency exit cut-outs on the LH and RH
                                                longeron area below the emergency exit                  amend 14 CFR part 39 by adding an AD                  sides.
                                                cut-outs. This AD requires the                          that would apply to certain Airbus                       Since that [EASA] AD was issued, it was
                                                modification of certain fastener                                                                              identified that post-mod 32208 aeroplanes,
                                                                                                        Model A319 and A320 series airplanes.                 which were excluded from the Applicability
                                                locations in the longeron area below the                The SNPRM published in the Federal
                                                emergency exit cut-outs. We are issuing                                                                       of that [EASA] AD, are also affected.
                                                                                                        Register on January 20, 2016 (81 FR                      For the reason described above, this
                                                this AD to address the unsafe condition                 3053) (‘‘the SNPRM’’). We preceded the                [EASA] AD retains the requirements of EASA
                                                on these products.                                      SNPRM with a notice of proposed                       AD 2014–0176, which is superseded, but no
                                                DATES: This AD is effective May 2, 2017.                rulemaking (NPRM) that published in                   longer excludes post-mod 32208 aeroplanes
                                                   The Director of the Federal Register                 the Federal Register on December 15,                  from the Applicability.
                                                approved the incorporation by reference                 2014 (79 FR 74035) (‘‘the NPRM’’). The                   As described in FAA Advisory
                                                of a certain publication listed in this AD              NPRM proposed to require the                          Circular 120–104, several programs have
                                                as of May 2, 2017.                                      modification of eight fastener locations              been developed to support initiatives
                                                ADDRESSES: For service information                      in the longeron area below the                        that will ensure the continued
                                                identified in this final rule, contact                  emergency exit cut-outs on the left-hand              airworthiness of aging airplane
                                                Airbus, Airworthiness Office—EIAS, 1                    (LH) and right-hand (RH) sides. The                   structure. The last element of those
                                                Rond Point Maurice Bellonte, 31707                      NPRM was prompted by a report that                    initiatives is the requirement to
                                                Blagnac Cedex, France; telephone +33 5                  fatigue cracking could appear at certain              establish a LOV of the engineering data
                                                61 93 36 96; fax +33 5 61 93 44 51; email               fastener locations in the longeron area               that support the structural maintenance
                                                account.airworth-eas@airbus.com;                        below the emergency exit cut-outs. The                program under 14 CFR 26.21. This AD
                                                Internet http://www.airbus.com. You                     NPRM was intended to complete certain                 is the result of an assessment of the
                                                may view this referenced service                        mandated programs intended to support                 previously established programs by the
mstockstill on DSK3G9T082PROD with RULES




                                                information at the FAA, Transport                       the airplane reaching its limit of validity           design approval holder (DAH) during
                                                Airplane Directorate, 1601 Lind Avenue                  (LOV) of the engineering data that                    the process of establishing the LOV for
                                                SW., Renton, WA. For information on                     support the established structural                    Airbus Model A319 and A320 series
                                                the availability of this material at the                maintenance program. The SNPRM                        airplanes. The actions specified in this
                                                FAA, call 425–227–1221. It is also                      proposed to add post-Airbus                           AD are necessary to complete certain
                                                available on the Internet at http://                    Modification 32208 airplanes. We are                  programs to ensure the continued
                                                www.regulations.gov by searching for                    issuing this AD to detect and correct                 airworthiness of aging airplane structure


                                           VerDate Sep<11>2014   16:44 Mar 27, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\28MRR1.SGM   28MRR1


                                                15282              Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations

                                                and to support an airplane reaching its                 that is required by this AD, and                        • Are consistent with the intent that
                                                LOV.                                                    incorporated by reference in this AD, in              was proposed in the SNPRM for
                                                  You may examine the MCAI in the                       the AD docket on the Internet at http://              correcting the unsafe condition; and
                                                AD docket on the Internet at http://                    www.regulations.gov. Therefore, the                     • Do not add any additional burden
                                                www.regulations.gov by searching for                    service information is available to the               upon the public than was already
                                                and locating Docket No. FAA–2014–                       affected parties by the means identified              proposed in the SNPRM.
                                                0922.                                                   in the ADDRESSES section of this final                  We also determined that these
                                                                                                        rule.                                                 changes will not increase the economic
                                                Comments
                                                                                                           However, we have updated the                       burden on any operator or increase the
                                                  We gave the public the opportunity to                                                                       scope of this AD.
                                                participate in developing this AD. The                  estimated costs in this final rule to
                                                following presents the comments                         reflect the costs for required actions, as            Related Service Information Under 1
                                                received on the SNPRM and the FAA’s                     specified in the latest revision of the               CFR Part 51
                                                response to each comment.                               service information—i.e., Airbus Service                 Airbus has issued Service Bulletin
                                                                                                        Bulletin A320–53–1265, Revision 04,                   A320–53–1265, Revision 04, dated July
                                                Requests To Reference Revised Service                   dated July 6, 2016.                                   6, 2016. The service information
                                                Information
                                                                                                        Request To Revise Proposed                            describes procedures for modifying the
                                                  Airbus, Delta Air Lines (Delta), and                  Applicability                                         fastener locations in the longeron area
                                                United Airlines (United) requested that                                                                       below the emergency exit cut-outs on
                                                we revise the SNPRM to reference                           Delta requested that we revise the                 both RH and LH sides of the fuselage.
                                                Airbus Service Bulletin A320–53–1265,                   proposed applicability to reflect the                 This service information is reasonably
                                                Revision 03, dated April 30, 2015.                      effectivity specified in Airbus Service               available because the interested parties
                                                  We agree with the commenters’                         Bulletin A320–53–1265, Revision 02,                   have access to it through their normal
                                                requests to include the most recent                     dated July 10, 2014. Delta pointed out                course of business or by the means
                                                service information; however, since                     that, in our response to a comment from               identified in the ADDRESSES section.
                                                Revision 03 was issued, Airbus Service                  United in the SNPRM, we stated that we
                                                Bulletin A320–53–1265, Revision 04,                     had revised the applicability to reflect              Costs of Compliance
                                                dated July 6, 2016, has been issued. No                 the effectivity of Airbus Service Bulletin              We estimate that this AD affects 294
                                                additional work is specified by Revision                A320–53–1265, Revision 02, dated July                 airplanes of U.S. registry.
                                                03 or Revision 04 of Airbus Service                     10, 2014. Delta asserted that the                       We estimate that it takes between 7
                                                Bulletin A320–53–1265. Therefore, we                    proposed applicability was not updated                and 12 work-hours per product to
                                                have revised paragraph (g) of this AD to                as stated.                                            comply with the basic requirements of
                                                reference Airbus Service Bulletin A320–                                                                       this AD, depending on airplane
                                                                                                           We do not agree to revise the
                                                53–1265, Revision 04, dated July 6,                                                                           configuration. The average labor rate is
                                                                                                        applicability of this AD. However, we
                                                2016, and we have revised paragraph (h)                                                                       $85 per work-hour. Required parts will
                                                                                                        acknowledge that we did not revise the
                                                of this AD to provide credit for actions                                                                      cost about $0 per product. Based on
                                                                                                        applicability specified in the proposed
                                                accomplished prior to the effective date                                                                      these figures, we estimate the cost of
                                                                                                        AD (in the SNPRM) to reflect the
                                                of this AD using Airbus Service Bulletin                                                                      this AD on U.S. operators to be between
                                                                                                        effectivity of Airbus Service Bulletin
                                                A320–53–1265, Revision 02, dated July                                                                         $174,930 and $299,880, or between
                                                                                                        A320–53–1265, Revision 02, dated July
                                                10, 2014; or Airbus Service Bulletin                                                                          $595 and $1,020 per product.
                                                                                                        10, 2014. That service information
                                                A320–53–1265, Revision 03, dated April
                                                                                                        specifies certain manufacturer’s serial               Authority for This Rulemaking
                                                30, 2015.
                                                                                                        numbers (MSNs) for certain operators;
                                                                                                                                                                 Title 49 of the United States Code
                                                Request To Revise Proposed Costs of                     however, the applicability of this AD
                                                                                                                                                              specifies the FAA’s authority to issue
                                                Compliance                                              matches the applicability specified in
                                                                                                                                                              rules on aviation safety. Subtitle I,
                                                  Delta asked that we include the                       the MCAI, which applies to all MSNs,
                                                                                                                                                              section 106, describes the authority of
                                                purchase price of the Airbus service                    except those airplanes on which Airbus
                                                                                                                                                              the FAA Administrator. ‘‘Subtitle VII:
                                                information in the Costs of Compliance                  Modification 152637 has been embodied
                                                                                                                                                              Aviation Programs,’’ describes in more
                                                section of the SNPRM. Delta stated that                 in production. Airbus developed
                                                                                                                                                              detail the scope of the Agency’s
                                                operators must purchase the service                     Modification 152637 to enable these
                                                                                                                                                              authority.
                                                information at a cost ranging, in their                 airplanes to continue to safely operate                  We are issuing this rulemaking under
                                                experience, from $15,000 to $280,000                    up to the new ESG. Because all                        the authority described in ‘‘Subtitle VII,
                                                per airplane. Delta added that the                      airplanes reaching their LOV are subject              Part A, Subpart III, Section 44701:
                                                economic impact of the SNPRM should                     to the effects of aging airplane structure,           General requirements.’’ Under that
                                                account for all costs associated with the               regardless of who operates them, we                   section, Congress charges the FAA with
                                                regulatory action, including the                        find it necessary to apply the                        promoting safe flight of civil aircraft in
                                                purchase price of the service                           requirements of this AD to all airplanes              air commerce by prescribing regulations
                                                information.                                            that have not had Airbus Modification                 for practices, methods, and procedures
                                                  We do not agree with the commenter’s                  152637 installed. We have not revised                 the Administrator finds necessary for
                                                request. The cost analysis in AD                        this AD in this regard.                               safety in air commerce. This regulation
                                                rulemaking actions describes only the                   Conclusion                                            is within the scope of that authority
                                                direct costs of the specific actions                                                                          because it addresses an unsafe condition
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                                                required by the AD. Based on the best                     We reviewed the relevant data,                      that is likely to exist or develop on
                                                data available, the manufacturer                        considered the comments received, and                 products identified in this rulemaking
                                                provided the number of work-hours                       determined that air safety and the                    action.
                                                necessary for compliance with this AD,                  public interest require adopting this AD
                                                and the cost of any parts necessary for                 with the changes described previously,                Regulatory Findings
                                                accomplishing those actions. It is our                  and minor editorial changes. We have                    We determined that this AD will not
                                                practice to post the service information                determined that these minor changes:                  have federalism implications under


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                                                                   Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations                                               15283

                                                Executive Order 13132. This AD will                     fastener locations in the longeron area below           (3) Required for Compliance (RC): If any
                                                not have a substantial direct effect on                 the emergency exit cut-outs. We are issuing           service information contains procedures or
                                                the States, on the relationship between                 this AD to detect and correct cracking at             tests that are identified as RC, those
                                                the national government and the States,                 certain fastener locations in the longeron area       procedures and tests must be done to comply
                                                                                                        below the emergency exit cut-outs, which              with this AD; any procedures or tests that are
                                                or on the distribution of power and
                                                                                                        could lead to failure of the fasteners and            not identified as RC are recommended. Those
                                                responsibilities among the various                      reduced structural integrity of the airplane.
                                                levels of government.                                                                                         procedures and tests that are not identified
                                                  For the reasons discussed above, I                    (f) Compliance                                        as RC may be deviated from using accepted
                                                certify that this AD:                                     Comply with this AD within the                      methods in accordance with the operator’s
                                                  1. Is not a ‘‘significant regulatory                  compliance times specified, unless already            maintenance or inspection program without
                                                action’’ under Executive Order 12866;                   done.                                                 obtaining approval of an AMOC, provided
                                                  2. Is not a ‘‘significant rule’’ under the                                                                  the procedures and tests identified as RC can
                                                                                                        (g) Modification of Fastener Locations                be done and the airplane can be put back in
                                                DOT Regulatory Policies and Procedures
                                                (44 FR 11034, February 26, 1979);                          Before the accumulation of 48,000 total            an airworthy condition. Any substitutions or
                                                  3. Will not affect intrastate aviation in             flight cycles or 96,000 total flight hours,           changes to procedures or tests identified as
                                                Alaska; and                                             whichever occurs first since the airplane’s           RC require approval of an AMOC.
                                                  4. Will not have a significant                        first flight, modify the 8 fastener locations in
                                                                                                        the longeron area (stringer 20A) below the            (j) Related Information
                                                economic impact, positive or negative,
                                                                                                        emergency exit cut-outs on both right-hand              (1) Refer to Mandatory Continuing
                                                on a substantial number of small entities               (RH) and left-hand (LH)- sides, in accordance
                                                under the criteria of the Regulatory                                                                          Airworthiness Information (MCAI) EASA
                                                                                                        with the Accomplishment Instructions of               Airworthiness Directive 2015–0085, dated
                                                Flexibility Act.                                        Airbus Service Bulletin A320–53–1265,                 May 13, 2015, for related information. This
                                                List of Subjects in 14 CFR Part 39                      Revision 04, dated July 6, 2016.
                                                                                                                                                              MCAI may be found in the AD docket on the
                                                  Air transportation, Aircraft, Aviation                (h) Credit for Previous Actions                       Internet at http://www.regulations.gov by
                                                safety, Incorporation by reference,                        This paragraph provides credit for the             searching for and locating Docket No. FAA–
                                                Safety.                                                 actions required by paragraph (g) of this AD,         2014–0922.
                                                                                                        if those actions were performed before the              (2) Service information identified in this
                                                Adoption of the Amendment                               effective date of this AD using Airbus Service        AD that is not incorporated by reference is
                                                  Accordingly, under the authority                      Bulletin A320–53–1265, dated January 2,               available at the addresses specified in
                                                delegated to me by the Administrator,                   2013; Airbus Service Bulletin A320–53–1265,           paragraphs (k)(3) and (k)(4) of this AD.
                                                                                                        Revision 01, dated July 2, 2013; Airbus
                                                the FAA amends 14 CFR part 39 as                                                                              (k) Material Incorporated by Reference
                                                                                                        Service Bulletin A320–53–1265, Revision 02,
                                                follows:                                                dated July 10, 2014; or Airbus Service                   (1) The Director of the Federal Register
                                                                                                        Bulletin A320–53–1265, Revision 03, dated             approved the incorporation by reference
                                                PART 39—AIRWORTHINESS                                   April 30, 2015.
                                                DIRECTIVES                                                                                                    (IBR) of the service information listed in this
                                                                                                        (i) Other FAA AD Provisions                           paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                ■ 1. The authority citation for part 39                    The following provisions also apply to this        part 51.
                                                continues to read as follows:                           AD:                                                      (2) You must use this service information
                                                                                                           (1) Alternative Methods of Compliance              as applicable to do the actions required by
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                                                                        (AMOCs): The Manager, International                   this AD, unless this AD specifies otherwise.
                                                § 39.13   [Amended]                                     Branch, ANM–116, Transport Airplane                      (i) Airbus Service Bulletin A320–53–1265,
                                                                                                        Directorate, FAA, has the authority to                Revision 04, dated July 6, 2016.
                                                ■ 2. The FAA amends § 39.13 by adding
                                                                                                        approve AMOCs for this AD, if requested                  (ii) Reserved.
                                                the following new airworthiness                         using the procedures found in 14 CFR 39.19.              (3) For service information identified in
                                                directive (AD):                                         In accordance with 14 CFR 39.19, send your            this AD, contact Airbus, Airworthiness
                                                2017–06–12 Airbus: Amendment 39–18836;                  request to your principal inspector or local          Office—EIAS, 1 Rond Point Maurice
                                                    Docket No. FAA–2014–0922; Directorate               Flight Standards District Office, as                  Bellonte, 31707 Blagnac Cedex, France;
                                                    Identifier 2014–NM–156–AD.                          appropriate. If sending information directly          telephone +33 5 61 93 36 96; fax +33 5 61
                                                                                                        to the International Branch, send it to ATTN:         93 44 51; email account.airworth-eas@
                                                (a) Effective Date                                      Sanjay Ralhan, Aerospace Engineer,
                                                  This AD is effective May 2, 2017.                                                                           airbus.com; Internet http://www.airbus.com.
                                                                                                        International Branch, ANM–116, Transport
                                                                                                                                                                 (4) You may view this service information
                                                (b) Affected ADs                                        Airplane Directorate, FAA, 1601 Lind
                                                                                                        Avenue SW., Renton, WA 98057–3356;                    at the FAA, Transport Airplane Directorate,
                                                  None.                                                 telephone 425–227–1405; fax 425–227–1149.             1601 Lind Avenue SW., Renton, WA. For
                                                                                                        Information may be emailed to: 9-ANM-116-             information on the availability of this
                                                (c) Applicability
                                                                                                        AMOC-REQUESTS@faa.gov. Before using                   material at the FAA, call 425–227–1221.
                                                   This AD applies to the Airbus airplanes              any approved AMOC, notify your appropriate               (5) You may view this service information
                                                identified in paragraphs (c)(1) and (c)(2) of                                                                 that is incorporated by reference at the
                                                                                                        principal inspector, or lacking a principal
                                                this AD, certificated in any category, except
                                                                                                        inspector, the manager of the local flight            National Archives and Records
                                                those on which Airbus modification (mod)
                                                                                                        standards district office/certificate holding         Administration (NARA). For information on
                                                152637 has been embodied in production.
                                                                                                        district office. The AMOC approval letter             the availability of this material at NARA, call
                                                   (1) Airbus Model A319–111, –112, –113,
                                                –114, –115, –131, –132, and –133 airplanes,             must specifically reference this AD.                  202–741–6030, or go to: http://
                                                all manufacturer serial numbers (MSN).                     (2) Contacting the Manufacturer: For any           www.archives.gov/federal-register/cfr/ibr-
                                                   (2) Airbus Model A320–211, –212, –214,               requirement in this AD to obtain corrective           locations.html.
                                                –231, –232, and –233 airplanes, all MSN.                actions from a manufacturer, the action must
                                                                                                                                                                Issued in Renton, Washington, on March
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                                                                                                        be accomplished using a method approved
                                                (d) Subject                                             by the Manager, International Branch, ANM–            16, 2017.
                                                  Air Transport Association (ATA) of                    116, Transport Airplane Directorate, FAA; or          Dionne Palermo,
                                                America Code 53, Fuselage.                              the European Aviation Safety Agency
                                                                                                                                                              Acting Manager, Transport Airplane
                                                                                                        (EASA); or Airbus’s EASA Design
                                                (e) Reason                                                                                                    Directorate, Aircraft Certification Service.
                                                                                                        Organization Approval (DOA). If approved by
                                                   This AD was prompted by a report that                the DOA, the approval must include the                [FR Doc. 2017–05766 Filed 3–27–17; 8:45 am]
                                                fatigue cracking could appear at certain                DOA-authorized signature.                             BILLING CODE 4910–13–P




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Document Created: 2017-03-28 00:32:51
Document Modified: 2017-03-28 00:32:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective May 2, 2017.
ContactSanjay 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.
FR Citation82 FR 15281 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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