AD 2016-07-14

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21244-21246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2016-07375]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1277; Directorate Identifier 2014-NM-155-AD; 
Amendment 39-18459; AD 2016-07-14]
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 A319, A320, and A321 series airplanes. 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. This AD was 
prompted by fatigue testing that determined fatigue damage could appear 
on clips, shear webs, and angles at certain rear fuselage sections and 
certain frames. This AD requires replacing the clips, shear webs, and 
angles, including doing all applicable related investigative actions, 
and repair if necessary. We are issuing this AD to prevent fatigue 
damage on the clips, shear webs, and angles; such damage could affect 
the structural integrity of the airplane.

DATES: This AD becomes effective May 16, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 16, 
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#1f7e7c7c706a716b317e766d68706d6b77327a7e6c5f7e766d7d6a6c317c7072"><span class="__cf_email__" data-cfemail="a9c8cacac6dcc7dd87c8c0dbdec6dbddc184ccc8dae9c8c0dbcbdcda87cac6c4">[email&#160;protected]</span></a>; Internet 
<a href="http://www.airbus.com">http://www.airbus.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
1277.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2015-
1277; 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 Operations office 
(telephone 800-647-5527) is in the ADDRESSES section.

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 A319, 
A320, and A321 series airplanes. The NPRM published in the Federal 
Register on May 8, 2015 (80 FR 26487) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0177, dated July 25, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A319, A320, and A321 series airplanes. The MCAI states:

    During the A320 fatigue test campaign for Extended Service Goal 
(ESG), it was determined that fatigue damage could appear on the 
clips, shear webs and angles at rear fuselage section 19, on Frame 
(FR) 72 and FR74.
    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) A320-53-1266 for in-service application to allow 
aeroplanes to operate up to the new ESG limit.
    For the reasons described above, this [EASA] AD requires 
replacement of the affected clips, shear webs and angles at rear 
fuselage section 19, FR72 and FR74 [including all applicable related 
investigative actions and repair if any cracking is found].

    Related investigative actions include rotating probe testing for 
cracking of the fastener holes and high frequency eddy current 
inspections for cracking of the stringers. You may examine the MCAI in 
the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2015-1277.

Actions Since NPRM was Issued

    Since the NPRM was issued, Airbus has issued Airbus Service 
Bulletin A320-53-1266, Revision 03, dated May 7, 2015. We have revised 
paragraph (g) of this AD to reference this revised service information. 
We have revised paragraph (i) of this AD to give credit for actions 
done before the effective date of this AD using the following service 
information.
    <bullet> Airbus Service Bulletin A320-53-1266, dated January 11, 
2013.
    <bullet> Airbus Service Bulletin A320-53-1266, Revision 01, dated 
June 20, 2013.
    <bullet> Airbus Service Bulletin A320-53-1266, Revision 02, dated 
August 13, 2014.

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.

Support for the NPRM

    An anonymous commenter provided support for the NPRM.

Request To Omit Part Replacement Requirement

    United Airlines requested that we revise paragraph (h) of the 
proposed AD to omit the additional part replacement. United Airlines 
noted that paragraph (h) of the proposed AD states that the replacement 
of clips, shear webs, and angles must be accomplished again before 
30,000 flight cycles or 60,000 flight hours, whichever occurs first, if 
the replacement was accomplished before 30,000 flight cycles or 60,000 
flight hours, whichever occurred first from airplane's first flight. 
The commenter stated that this paragraph suggests that the installation 
of new parts does not constitute terminating action. The commenter 
expressed that paragraph (g) of the proposed AD has no repetitive 
requirement for replacement

[[Page 21245]]

of new parts if accomplished between 30,000 and 48,000 flight cycles or 
60,000 and 96,000 flight hours since the airplane's first flight. The 
commenter suggested that this requirement will encourage operators to 
replace the part when the airplane has accumulated more than 30,000 
total flight cycles and 60,000 total flight hours in order to avoid the 
possibility of additional part replacement. The commenter added that 
installation of new parts twice, increases the risk of damage during 
the part replacement.
    United Airlines stated further that the additional replacement in 
paragraph (h) of the proposed AD could potentially result in the 
requirement to replace the part twice before the threshold defined in 
paragraph (g) of the proposed AD. By way of example, the commenter 
stated that if the part replacement were accomplished before 18,000 
flight cycles and 36,000 flight hours since the airplane's first 
flight, the replacement would be required again before 48,000 flight 
cycles or 96,000 flight hours since the airplane's first flight. This 
scenario implies that the new parts reduce the fatigue life compared to 
an unmodified aircraft. United Airlines stated that it is not clear how 
the additional replacement in paragraph (h) of the proposed AD meets 
the intent of the NPRM. The replacement part modification prevents 
fatigue damage on the clips, shear webs, and angles to support 
operation reaching the LOV. However, there is no explanation in the AD 
that these new parts are life limited.
    We disagree to omit the additional part replacement required by 
paragraph (h) of this AD. We agree with United Airlines' assessment 
that this AD would require replacement of the clips, shear webs, and 
angles twice, if those parts are first replaced prior to 30,000 total 
flight cycles or 60,000 total flight hours, whichever occurs first. 
Replacement of clips, shear webs, and angles prior to 30,000 total 
flight cycles or 60,000 total flight hours may have been required due 
to reasons other than this AD. However, this AD does not require 
replacement of the parts before 30,000 total flight cycles or 60,000 
total flight hours. We have determined that if the parts are replaced 
before 30,000 total flight cycles or 60,000 total flight hours, 
whichever occurs first, a repeat replacement of those parts is 
necessary to support the airplane reaching its LOV of the engineering 
data.
    We also disagree that requiring replacement of the parts twice, 
will increase the risk of damage. The procedures specified in Airbus 
Service Bulletin A320-53-1266, Revision 03, dated May 7, 2015, for 
replacing clips, shear webs, and angles are appropriate for supporting 
the continued operational safety of the affected Airbus fleet and do 
not introduce additional risk to the structural integrity of the 
airplane. We have made no changes to 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 as proposed except for minor editorial changes. We have 
determined that these minor 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.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus Service Bulletin A320-53-1266, Revision 
03, dated May 7, 2015. The service information describes procedures for 
replacing clips, shear webs, and angles at rear fuselage section 19, 
FR72 and FR74. 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 44 airplanes of U.S. registry.
    We also estimate that it will take about 110 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators to be $411,400, or $9,350 per product.
    We have received no definitive data on the costs of required parts.

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):

2016-07-14 Airbus: Amendment 39-18459. Docket No. FAA-2015-1277; 
Directorate Identifier 2014-NM-155-AD.

(a) Effective Date

    This AD becomes effective May 16, 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

[[Page 21246]]

which Airbus Modification 30975 has been embodied in production.
    (1) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (2) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.
    (3) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, 
and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by fatigue testing that determined that 
fatigue damage could appear on clips, shear webs, and angles at 
certain rear fuselage sections and certain frames. This AD is 
intended to complete certain mandated programs intended to support 
the airplane reaching its limit of validity of the engineering data 
that support the established structural maintenance program. We are 
issuing this AD to prevent fatigue damage on the clips, shear webs, 
and angles, which could affect the structural integrity of the 
airplane.

(f) Compliance

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

(g) Replacement

    At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD: Replace the clips, shear webs, and angles at rear 
fuselage section 19, frame FR72 and FR74, and do all applicable 
related investigative actions before further flight, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-53-1266, Revision 03, dated May 7, 2015. If any crack is found 
during any related investigative action required by this AD: 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).
    (1) Before exceeding 48,000 flight cycles or 96,000 flight 
hours, whichever occurs first since the airplane's first flight.
    (2) Within 30 days after the effective date of this AD.

(h) Additional Replacement for Certain Airplanes

    For airplanes on which the replacement of clips, shear webs, and 
angles specified in Airbus Service Bulletin A320-53-1266 is done 
before accumulating 30,000 flight cycles or 60,000 flight hours, 
whichever occurred first since the airplane's first flight: Within 
30,000 flight cycles or 60,000 flight hours, whichever occurs first 
after that replacement, do the replacement specified in paragraph 
(g) of this AD.

(i) Credit for Previous Actions

    Except as required by paragraph (h) of this AD: This paragraph 
provides credit for the replacement required by paragraph (g) of 
this AD, if those actions were performed before the effective date 
of this AD using the service information identified in paragraph 
(i)(1), (i)(2), or (i)(3) of this AD. This service information is 
not incorporated by reference in this AD.
    (1) Airbus Service Bulletin A320-53-1266, dated January 11, 
2013.
    (2) Airbus Service Bulletin A320-53-1266, Revision 01, dated 
June 20, 2013.
    (3) Airbus Service Bulletin A320-53-1266, Revision 02, dated 
August 13, 2014.

(j) 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: <a href="/cdn-cgi/l/email-protection#764f5b37383b5b4747405b373b39355b24332723332522253610171758111900"><span class="__cf_email__" data-cfemail="41786c000f0c6c7070776c000c0e026c1304101404121512012720206f262e37">[email&#160;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. 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0177, dated July 25, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2015-1277.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) 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.
    (i) Airbus Service Bulletin A320-53-1266, Revision 03, dated May 
7, 2015.
    (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 <a href="/cdn-cgi/l/email-protection#6c0d0f0f03190218420d051e1b031e180441090d1f2c0d051e0e191f420f0301"><span class="__cf_email__" data-cfemail="d8b9bbbbb7adb6acf6b9b1aaafb7aaacb0f5bdb9ab98b9b1aabaadabf6bbb7b5">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on March 25, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-07375 Filed 4-8-16; 8:45 am]
 BILLING CODE 4910-13-P