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[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 61993-61996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5814; Directorate Identifier 2014-NM-247-AD; 
Amendment 39-18639; AD 2016-18-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A318, A319, and A320 series airplanes. This AD was 
prompted by reports of chafing damage on the fuselage skin at the 
bottom of certain frames, underneath the fairing structure. This AD 
requires repetitive detailed inspections for damage on the fuselage 
skin at certain frames, and applicable related investigative and 
corrective actions. We are issuing this AD to detect and correct damage 
to the fuselage skin, which could lead to crack initiation and 
propagation, possibly resulting in reduced structural integrity of the 
fuselage.

DATES: This AD is effective October 13, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 13, 
2016.

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 account.airworth-eas@airbus.com; Internet 
http://www.airbus.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5814.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
5814; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus Model A318, 
A319, and A320 series airplanes. The NPRM published in the Federal 
Register on November 27, 2015 (80 FR 74045) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2014-0259, dated December 5, 2014 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A318, A319, and 
A320 series airplanes. The MCAI states:

    An operator reported finding chafing damage on the fuselage skin 
at the bottom of frame (FR) 34 junction between stringer (STR) 43 
left hand (LH) side and right hand (RH) side on several aeroplanes, 
underneath the fairing structure.
    After investigation, a contact between the fairing nut plate and 
the fuselage was identified, causing damage to the fuselage.
    This condition, if not detected and corrected, could lead to 
crack initiation and propagation, possibly resulting in reduced 
structural integrity of the fuselage.
    For the reason described above, this [EASA] AD requires 
repetitive detailed inspections (DET) of the fuselage [for chafing] 
at FR 34 and provides an optional terminating action [modification 
of the belly fairing] to the repetitive inspections required by this 
[EASA] AD.

    Related investigative actions include a special detailed inspection 
of external fuselage skin panel for any cracking, and measurement of 
crack length and remaining thickness. Corrective actions include repair 
or modification of the fuselage skin panel. You may examine the MCAI in 
the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-5814.

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 Use Latest Service Information

    Airbus requested that we revise paragraph (i) of the NPRM to add 
Airbus Service Bulletin A320-53-1281, Revision 02, including Appendix 
01, dated October 9, 2015.
    United Airlines also requested that we revise paragraph (i) of the 
NPRM to add Airbus Service Bulletin A320-53-1281, Revision 02, 
including Appendix 01, dated October 9, 2015, and provide credit for 
Airbus Service Bulletin A320-53-1281, Revision 01, dated December 1, 
2014. United Airlines explained that Airbus Service Bulletin A320-53-
1281, Revision 02, including Appendix 01, dated October 9, 2015, 
includes numerous configuration additions.
    For the reasons stated by the commenter, we agree to revise this AD 
to include Airbus Service Bulletin A320-53-1281, Revision 02, including 
Appendix 01, dated October 9, 2015. Airbus Service Bulletin A320-53-
1281, Revision 02, including Appendix 01,

[[Page 61994]]

dated October 9, 2015, includes, among other things, configuration 
changes, new configurations, and revision of the Manufacturer Serial 
Numbers (MSNs), but adds no new actions. We also included Airbus 
Service Bulletin A320-53-1281, Revision 01, dated December 1, 2014, in 
paragraph (j) of this AD, as credit for certain actions performed 
before the effective date of this AD.

Request To Allow Use of Any Airbus-Approved Corrective Action

    Airbus requested that we revise the NPRM to add a paragraph that 
allows for any corrective action provided by Airbus. Airbus stated that 
in case of deviation during service information embodiment, the only 
solution to cover the deviation for the customer is to ask for an 
alternative method of compliance (AMOC). Airbus included the following 
example, which allows any corrective action provided by Airbus:

    If, during modification of an aeroplane as required by paragraph 
(1) of this AD, a difference (see Note) is detected which makes the 
accomplishment of a part of the modification instructions 
impossible, before next flight, contact Airbus for approved 
instructions and accomplish those instructions accordingly, 
including follow-on action(s), as applicable.
    Note: For the purpose of this AD, the detected difference can be 
either:
    (a) a necessary design deviation due to production related 
concessions that directly affect the sensitive area of the 
modification;
    (b) an obvious typographical error in the SB instructions; or
    (c) an aircraft configuration not (yet) included in/addressed by 
the SB instructions.

We disagree to add a paragraph that allows for any corrective action 
provided by Airbus, because CFR 39.19 requires approval of an AMOC for 
an alternative method to mitigate the risk associated with the unsafe 
condition addressed in an AD. The FAA uses its discretion in 
determining actions within the provision of an AMOC. We have made no 
changes to this AD in this regard.

Request To Clarify Steps Required for Compliance

    United Airlines requested that we revise the NPRM to clarify that 
the actions that are required for compliance (RC) are limited to the 
steps in paragraphs 3.C. and 3.D. of Airbus Service Bulletin A320-53-
1287, dated July 29, 2014; Airbus Service Bulletin A320-53-1281, 
Revision 02, including Appendix 01, dated October 9, 2015; and Airbus 
Service Bulletin A320-53-1281, Revision 01, dated December 1, 2014. The 
commenter noted that paragraph 3.D. contains no test requirements.
    We agree with the request, although, as the commenter noted, 
paragraph 3.D. of the referenced service information does not include 
any test requirements. We have therefore revised paragraphs (g) and (i) 
of this AD to limit the requirements to paragraph 3.C., ``Procedure,'' 
of the service information.

Request for Clarification of Compliance Methods and Intervals

    United Airlines requested that we clarify whether the inspections 
specified in the NPRM and Airbus Service Bulletin A320-53-1287, dated 
July 29, 2014, override the inspection methods and intervals defined in 
structures repair manual (SRM) 53-21-11 PB 101, and whether the 
terminating action in paragraph (i) of the proposed AD terminates the 
inspections in SRM 53-21-11 PB 101 following rework. The commenter 
stated that SRM 53-21-11 PB 101 defines different inspection methods, 
threshold, and repetitive intervals.
    We agree that clarification is necessary. We recognize that there 
may be a conflict between the inspections specified in this AD and SRM 
53-21-11 PB 101. The requirements of this AD were developed to address 
a known unsafe condition and prevail over the actions of previously 
developed service information provided by a manufacturer. We have made 
no changes to this AD in this regard.

Request for Clarification of Limit

    United Airlines requested that we revise paragraph (g)(3) of the 
proposed AD to clarify the ``limits'' of detected damage. Paragraph 
(g)(3) of the proposed AD refers to damage that exceeds the limits 
defined in Airbus Service Bulletin A320-53-1287, dated July 29, 2014. 
United Airlines noted that this limit relates to the remaining skin 
thickness as defined by SRM 53-21-11 PB 101, but the meaning of 
``remaining thickness out of limits'' is inconclusive. United Airlines 
stated that the remaining skin thickness following a blend out could 
become a Category `B' repair with subsequent inspections or a Category 
`C' repair, eventually requiring doubler repair. United Airlines stated 
that Airbus Service Bulletin A320-53-1287, dated July 29, 2014, does 
not give instructions to accomplish a doubler repair if the remaining 
thickness is within SRM 53-21-11 PB 101 limits. United Airlines stated 
that it would not be wise to install an external doubler (unless 
necessary) if the remaining skin thickness is ``within limits.'' The 
commenter therefore proposed that we clarify the ``limit'' as an 
allowable rework (blend out) that does not require repair (doubler 
installation).
    We agree that clarification is necessary. If Subtask 531287-832-
002-001 of Airbus Service Bulletin A320-53-1287, dated July 29, 2014, 
is performed, and no crack is found, and the measurement of the 
remaining thickness of fuselage skin exceeds certain limits, then 
Airbus Service Bulletin A320-53-1287, dated July 29, 2014, specifies 
contacting Airbus for repair instructions. The corresponding 
requirement in paragraph (g)(3) of this AD, requires that those repairs 
be done using a method approved by the FAA, EASA, or Airbus's EASA 
Design Organization Approval. Repair instructions are established based 
on the inspection results shared with Airbus, which may vary on a case-
by-case basis. We have made no changes to this final rule in this 
regard.

Request for Inclusion of Previously Repaired Area in Inspection

    United Airlines requested that we revise paragraph (g)(1) of the 
proposed AD to include damage on the ``fuselage skin or skin repair (if 
present)'' for the required detailed inspection. United Airlines 
explained that it experienced several issues of skin chafing prior to 
the release of Airbus Service Bulletin A320-53-1287, dated July 29, 
2014; as a result, some airplanes have needed doubler repairs due to 
skin wear beyond remaining thickness allowed. The commenter stated that 
because repairs may be present, it will not be possible to inspect the 
skin in the chafing area.
    For the reasons stated by the commenter, we agree to include 
previously repaired areas for the inspection required by paragraph 
(g)(1) of this AD. We have revised paragraph (g)(1) of this AD 
accordingly.

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 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

[[Page 61995]]

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Service Bulletin A320-53-1281, Revision 02, 
including Appendix 01, dated October 9, 2015; and Airbus Service 
Bulletin A320-53-1287, dated July 29, 2014. The service information 
describes procedures for a detailed inspection for damage (including 
chafing marks) on the fuselage skin at FR 34 between STR 43 LH and RH 
sides, and applicable related investigative and corrective actions. 
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 642 airplanes of U.S. registry.
    We also estimate that it would take about 12 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts would cost about $90 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $712,620, or $1,110 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 21 work-hours and require parts costing $3,550, for a cost 
of $5,335 per product. We have no way of determining the number of 
aircraft that might need this action.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

AD 2016-18-09 Airbus: Amendment 39-18639; Docket No. FAA-2015-5814; 
Directorate Identifier 2014-NM-247-AD.

(a) Effective Date

    This AD is effective October 13, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, 
all manufacturer serial numbers, except those on which Airbus 
Modification 37878 has been embodied in production, or Airbus 
Service Bulletin A320-53-1281 has been done in service.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of chafing damage on the 
fuselage skin at the bottom of certain frames, underneath the 
fairing structure. We are issuing this AD to detect and correct 
damage to the fuselage skin, which could lead to crack initiation 
and propagation, possibly resulting in reduced structural integrity 
of the fuselage.

(f) Compliance

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

(g) Repetitive Inspection and Corrective Action

    (1) Within the compliance times identified in paragraphs 
(g)(1)(i) and (g)(1)(ii) of this AD, whichever occurs later, do a 
detailed inspection for damage (including chafing marks) on the 
fuselage skin, including previously repaired areas, at frame (FR) 34 
between stringer (STR) 43 on the left-hand and right-hand sides, in 
accordance with paragraph 3.C., ``Procedure,'' of Airbus Service 
Bulletin A320-53-1287, dated July 29, 2014. Repeat the inspection 
thereafter at intervals not to exceed 12,000 flight cycles or 24,000 
flight hours, whichever occurs first.
    (i) Before exceeding 12,000 flight cycles or 24,000 flight 
hours, whichever occurs first since the airplane's first flight.
    (ii) Within 5,000 flight cycles or 10,000 flight hours, 
whichever occurs first after the effective date of this AD.
    (2) If any damage is detected during any inspection required by 
paragraph (g)(1) of this AD, before further flight, do all 
applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1287, dated July 29, 2014, except as required by 
paragraph (g)(3) of this AD.
    (3) If any cracking is found during any related investigative 
action required by paragraph (g)(2) of this AD, or if any damage 
detected during the inspection required by paragraph (g)(1) of this 
AD exceeds the limits defined in the Accomplishment Instructions of 
Airbus Service Bulletin A320-53-1287, dated July 29, 2014, before 
further flight, repair using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA); or Airbus's EASA 
Design Organization Approval (DOA).

(h) Non-Terminating Repair Action

    Accomplishment of a repair on an airplane as required by 
paragraphs (g)(2) and (g)(3) of this AD, does not constitute 
terminating action for the repetitive detailed inspections required 
by paragraph (g)(1) of this AD, unless the approved repair indicates 
otherwise.

(i) Terminating Action for the Repetitive Detailed Inspections

    Modification of the belly fairing on any airplane in accordance 
with paragraph 3.C., ``Procedure,'' of Airbus Service Bulletin A320-
53-1281, Revision 02, including Appendix 01, dated October 9, 2015,

[[Page 61996]]

constitutes terminating action for the repetitive detailed 
inspections required by paragraph (g)(1) of this AD for that 
airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Service Bulletin A320-53-1281, dated 
July 29, 2014; or Airbus Service Bulletin A320-53-1281, Revision 01, 
dated December 1, 2014. This service information is not incorporated 
by reference in this AD.

(k) 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 EASA; 
or Airbus's EASA 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0259, dated December 5, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-5814.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(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.
    (i) Airbus Service Bulletin A320-53-1281, Revision 02, including 
Appendix 01, dated October 9, 2015.
    (ii) Airbus Service Bulletin A320-53-1287, dated July 29, 2014.
    (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 account.airworth-eas@airbus.com; 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 August 24, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-21144 Filed 9-7-16; 8:45 am]
 BILLING CODE 4910-13-P
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