[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3564-3566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0716; Product Identifier 2016-NM-165-AD; Amendment 
39-19165; AD 2018-02-12]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2016-02-01, 
which applied to certain Airbus Model A320-211, -212, and -231 
airplanes. AD 2016-02-01 required repetitive inspections to detect 
cracks of the pressurized floor fittings at a certain frame, and 
renewal of the zone protective finish or replacement of fittings with 
new fittings if necessary. AD 2016-02-01 also provided an optional 
modification that was terminating action for the repetitive 
inspections. This new AD retains the requirements of AD 2016-02-01, and 
requires accomplishment of the modification that was optional in AD 
2016-02-01. This AD was prompted by the results of an additional 
fatigue analysis of cracking of the pressurized floor fittings and a 
determination that the optional modification should become a required 
action. We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 2, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of March 
3, 2016 (81 FR 4878, January 28, 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: <a href="/cdn-cgi/l/email-protection#c5a4a6a6aab0abb1eba4acb7b2aab7b1ade8a0a4b685a4acb7a7b0b6eba6aaa8"><span class="__cf_email__" data-cfemail="ef8e8c8c809a819bc18e869d98809d9b87c28a8e9caf8e869d8d9a9cc18c8082">[email protected]</span></a>; 
internet: http://www.airbus.com. You may view this referenced service 
information at the FAA, Transport Standards Branch, 1601 Lind Avenue 
SW, Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221. It is also available on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2017-0716.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0716; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone: 800-
647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2016-02-01, Amendment 39-18380 (81 FR 4878, 
January 28, 2016) (``AD 2016-02-01''). AD 2016-02-01 applied to certain 
Airbus Model A320-211, -212, and -231 airplanes. The NPRM published in 
the Federal Register on August 15, 2017 (82 FR 38618).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0181, dated September 13, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A320-211, -212, 
and -231 airplanes. The MCAI states:

    During centre fuselage certification full scale fatigue testing, 
damage was found on the pressurized floor fittings at Frame (FR) 36, 
below the lower surface panel.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To prevent such damage, Airbus developed modification 21282, 
which was introduced in production from MSN [manufacturer serial 
number] 0105, to reinforce the pressurized floor fitting lower 
surface by changing material. For affected in-service aeroplanes, 
Airbus issued Service Bulletin (SB) A320-57-1028, introducing 
repetitive inspections, and SB A320-57-1029, which provides 
modification instructions.
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD 95-099-067 to require these repetitive inspections 
and, depending on findings, corrective action(s), while the 
modification was specified in that [French] AD as optional 
terminating action for these inspections.
    Following new analysis in the frame of Extended Service Goal 
exercise, the inspection thresholds and intervals were revised to 
meet the original Design Service Goal. Consequently, EASA issued AD 
2013-0226 [which corresponds to FAA AD 2016-02-01 (81 FR 4878, 
January 28, 2016)] to retain the requirements of DGAC France AD 95-
099-067, which was superseded, but required those actions within 
reduced compliance times.
    Since that [EASA] AD was issued, in the frame of Widespread 
Fatigue Damages analysis, the situation has been reassessed and it 
has been decided to reclassify the modification, still stated as 
`optional' terminating action in EASA AD 2013-0226, to the status 
`mandatory'.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0226, which is superseded, but requires 
embodiment of the modification as specified in Airbus SB A320-57-
1029.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0716.

Comments

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

Request To Revise the Applicability

    Allegiant Air noted that the applicability specified in paragraph 
(c) of the proposed AD included Airbus Model A320-214 airplanes. The 
commenter asked if Model A320-214 airplanes were included in the 
applicability in error. The commenter observed that neither the 
applicability of AD 2016-02-01 or EASA AD 2016-0181, nor the 
effectivity of Airbus Service Bulletin A320-57-1028, Revision 02, dated 
June 3, 2013, included Model A320-214 airplanes.
    We infer that the commenter is requesting that Model A320-214 
airplanes be removed from the applicability of the proposed AD. We 
agree, for the reasons provided by the commenter. This final rule is 
not applicable to Model A320-214 airplanes; therefore, we have revised 
the

[[Page 3565]]

applicability specified in paragraph (c) of this AD by removing Model 
A320-214 airplanes.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-57-1028, Revision 02, dated 
June 3, 2013. The service information describes procedures for an 
inspection to detect cracks of the pressurized floor fittings at FR 36, 
renewal of the zone protective finish, and replacement of fittings with 
new fittings.
    Airbus has also issued Service Bulletin A320-57-1029, Revision 02, 
dated June 16, 1999. The service information describes procedures for 
modification of the pressurized floor fittings at FR 36.
    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 13 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  11 work-hours x $85 per              $0  $935 per            $12,155 per
                                  hour = $935 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Modification...................  85 work-hours x $85 per           5,320  $12,545...........  $163,085.
                                  hour = $7,225.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2016-02-01, Amendment 39-18380 (81 FR 4878, January 28, 2016), and 
adding the following new AD:

2018-02-12 Airbus: Amendment 39-19165; Docket No. FAA-2017-0716; 
Product Identifier 2016-NM-165-AD.

(a) Effective Date

    This AD is effective March 2, 2018.

(b) Affected ADs

    This AD replaces AD 2016-02-01, Amendment 39-18380 (81 FR 4878, 
January 28, 2016) (``AD 2016-02-01'').

(c) Applicability

    This AD applies to Airbus Model A320-211, -212, and -231 
airplanes, certificated in any category, manufacturer serial numbers 
up through 0104 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This 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. We are issuing this AD to prevent 
fatigue cracking in the pressurized floor fittings at frame (FR) 36, 
which could result in the reduced structural integrity of the floor

[[Page 3566]]

fittings and subsequent depressurization of the fuselage.

(f) Compliance

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

(g) Inspection

    (1) At the latest of the times specified in paragraphs 
(g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD: Do a detailed 
inspection of the pressurized floor fittings at FR 36, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-57-1028, Revision 02, dated June 3, 2013. Repeat the inspection 
thereafter at intervals not to exceed 9,300 flight cycles or 18,600 
flight hours, whichever occurs first.
    (i) Before exceeding 20,900 flight cycles or 41,800 flight 
hours, whichever occurs first since first flight of the airplane.
    (ii) Within 9,300 flight cycles or 18,600 flight cycles since 
the most recent inspection accomplished in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1028, 
Revision 02, dated June 3, 2013.
    (iii) Within 1,250 flight cycles or 2,500 flight hours after 
March 3, 2016 (the effective date of AD 2016-02-01), without 
exceeding 12,000 flight cycles since the most recent inspection 
accomplished in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-57-1028, Revision 02, dated June 3, 
2013.
    (2) If any crack is found during any inspection required by 
paragraph (g)(1) of this AD: Before further flight, repair using a 
method approved by the Manager, International Section, Transport 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(h) Modification

    Before exceeding 48,000 total flight cycles or 96,000 total 
flight hours, whichever occurs first since first flight of the 
airplane: Modify (replace aluminum fittings with titanium fittings) 
the pressurized floor fittings at FR 36, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1029, 
Revision 02, dated June 16, 1999. Accomplishment of this 
modification is terminating action for the repetitive inspections 
required by paragraph (g) of this AD for the modified airplane only.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the inspection required 
by paragraph (g) of this AD, if that inspection was performed before 
the effective date of this AD using Airbus Service Bulletin A320-57-
1028, dated August 12, 1991; or Revision 01, dated April 19, 1996.
    (2) This paragraph provides credit for the modification required 
by paragraph (h) of this AD, if that modification was performed 
before the effective date of this AD using Airbus Service Bulletin 
A320-57-1029, dated August 12, 1991; or Revision 01, dated November 
10, 1992.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to <a href="/cdn-cgi/l/email-protection#ba8397fbf4f7978b8b8c97fbf7f5f997e8ffebefffe9eee9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="1a23375b5457372b2b2c375b57555937485f4b4f5f494e495a7c7b7b347d756c">[email protected]</span></a>. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, 
the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0181, dated September 13, 2016, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2017-0716.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 
425-227-1405; fax: 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(4) and (l)(5) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 3, 2016 (81 FR 4878, January 28, 2016).
    (i) Airbus Service Bulletin A320-57-1028, Revision 02, dated 
June 3, 2013.
    (ii) Airbus Service Bulletin A320-57-1029, Revision 02, dated 
June 16, 1999.
    (4) 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: <a href="/cdn-cgi/l/email-protection#a5c4c6c6cad0cbd18bc4ccd7d2cad7d1cd88c0c4d6e5c4ccd7c7d0d68bc6cac8"><span class="__cf_email__" data-cfemail="d0b1b3b3bfa5bea4feb1b9a2a7bfa2a4b8fdb5b1a390b1b9a2b2a5a3feb3bfbd">[email protected]</span></a>; internet: 
http://www.airbus.com.
    (5) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (6) 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 January 10, 2018.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-01197 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-13-P


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