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[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Proposed Rules]
[Pages 3053-3056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00699]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0922; Directorate Identifier 2014-NM-156-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Airbus Model A319 and A320 series airplanes. 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. This proposed AD is 
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. This 
action

[[Page 3054]]

revises the applicability by adding post-Airbus modification 32208 
airplanes, which are also affected. We are proposing this supplemental 
NPRM (SNPRM) 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. Since these actions impose an additional burden over 
those proposed in the NPRM, we are reopening the comment period to 
allow the public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by March 7, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
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.

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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0922; 
Directorate Identifier 2014-NM-156-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

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 A319 
and A320 series airplanes. The NPRM published in the Federal Register 
on December 15, 2014 (79 FR 74035).
    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 LOV of 
the engineering data that support the established structural 
maintenance program. The NPRM proposed to require the modification of 
eight fastener locations in the longeron area below the emergency exit 
cut-outs on the LH and RH sides.

Actions Since Previous NPRM (79 FR 74035, December 15, 2014) Was Issued

    Since we issued the NPRM (79 FR 74035, December 15, 2014), we have 
determined that airplanes having Airbus modification 32208, which were 
excluded from the applicability of NPRM (79 FR 74035, December 15, 
2014), are also affected. For this reason, the FAA added airplanes 
having Airbus modification 32208 to the applicability of this proposed 
AD and increased the number of airplanes in the Costs of Compliance 
section to 294 airplanes. The European Aviation Safety Agency, 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 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), 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 proposed 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 proposed AD are 
necessary to complete certain programs to ensure the continued 
airworthiness of aging airplane structure and to support an airplane 
reaching its LOV.
    You may examine the MCAI in the AD docket on the Internet at http:/
/

[[Page 3055]]

www.regulations.gov/#!documentDetail;D=FAA-2014-0922.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-53-1265, Revision 02, dated 
July 10, 2014. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received. The following 
presents the comment received on the NPRM (79 FR 74035, December 15, 
2014) and the FAA's response to the comment.

Request To Allow the Use of Later Revisions of Service Bulletin

    United Airlines (United) requested that the NPRM (79 FR 74035, 
December 15, 2014) contain a statement allowing use of later revisions 
of the service information as an acceptable method of compliance for 
the proposed AD. United stated the modification addressed by the NPRM 
allows operators to reach an ESG. United stated that the service 
information mentioned in the NPRM may not incorporate the proper 
effectivity, since Airbus Service Bulletin A320-53-1265, Revision 01, 
dated July 2, 2013, is restricted to operators who have applied for 
Airbus's request for change/request for modification order (RFC/RMO) 
process. United stated the effectivity of Airbus Service Bulletin A320-
53-1265, Revision 02, dated July 10, 2014, will likely not agree with 
the applicability of the NPRM.
    We partially agree. We disagree to allow use of later revisions of 
service documents in an AD because use of unpublished service 
information is not allowed by the Office of the Federal Register's 
regulations for approving materials incorporated by reference. However, 
we have reviewed Airbus Service Bulletin A320-53-1265, Revision 02, 
dated July 10, 2014, which updated the kit information and the 
effectivity. We revised the applicability in this proposed AD to 
reflect the effectivity of Airbus Service Bulletin A320-53-1265, 
Revision 02, dated July 10, 2014. We also revised the references in 
paragraph (g) of this proposed AD to refer to Airbus Service Bulletin 
A320-53-1265, Revision 02, dated July 10, 2014, and revised paragraph 
(h) of this proposed AD to allow credit for actions done using Airbus 
Service Bulletin A320-53-1265, Revision 01, dated July 2, 2013. 
Affected operators may request approval to use a later revision of the 
referenced service information as an Alternative Method of Compliance 
(AMOC) using the procedures specified in paragraph (i) of this proposed 
AD.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.
    Certain changes described above expand the scope of the NPRM (79 FR 
74035, December 15, 2014). As a result, we have determined that it is 
necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this SNPRM.

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(ARC), to enhance the AD system. One enhancement was a new process for 
annotating which procedures and tests in the service information are 
required for compliance with an AD. Differentiating these procedures 
and tests from other tasks in the service information is expected to 
improve an owner's/operator's understanding of crucial AD requirements 
and help provide consistent judgment in AD compliance. The procedures 
and tests identified as RC (required for compliance) in any service 
information have a direct effect on detecting, preventing, resolving, 
or eliminating an identified unsafe condition.
    As specified in a NOTE under the Accomplishment Instructions of the 
specified service information, procedures and tests that are identified 
as RC in any service information must be done to comply with the 
proposed AD. However, procedures and 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 alternative method of compliance (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 will require approval of an AMOC.

Costs of Compliance

    We estimate that this SNPRM affects 294 airplanes of U.S. registry.
    We estimate that it would take about 12 work-hours per product to 
comply with the new basic requirements of this SNPRM. The average labor 
rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this SNPRM on 
U.S. operators to be $299,880, or $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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);

[[Page 3056]]

    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39-AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2014-0922; Directorate Identifier 2014-NM-
156-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(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 manufacturer serial numbers (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 RH and LH 
sides, in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A320-53-1265, Revision 02, dated July 10, 2014.

(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; or Airbus Service Bulletin A320-53-
1265, Revision 01, dated July 2, 2013; which are not incorporated by 
reference in this AD.

(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: 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 
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/#!documentDetail;D=FAA-
2014-0922-0002.
    (2) 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. You may view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. 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.

    Issued in Renton, Washington, on January 5, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00699 Filed 1-19-16; 8:45 am]
BILLING CODE 4910-13-P
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