AD 2017-22-03

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49091-49094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-22949]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6429; Product Identifier 2015-NM-117-AD; Amendment 
39-19083; AD 2017-22-03]
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) 2015-05-02, 
which applied to all Airbus Model

[[Page 49092]]

A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, 
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes. AD 2015-05-02 required revising the 
maintenance or inspection program to incorporate new, more restrictive 
airworthiness limitations. This new AD requires revising the 
maintenance or inspection program to incorporate new or revised 
structural inspection requirements and adds airplanes to the 
applicability. This AD was prompted by an evaluation by the design 
approval holder (DAH), which indicates that principal structural 
elements and certain life-limited parts are subject to widespread 
fatigue damage (WFD). We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 28, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 28, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of March 
2, 2015 (80 FR 3871, January 26, 2015).

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#8cedefefe3f9e2f8a2ede5fefbe3fef8e4a1e9edffccede5feeef9ffa2efe3e1"><span class="__cf_email__" data-cfemail="bbdad8d8d4ced5cf95dad2c9ccd4c9cfd396dedac8fbdad2c9d9cec895d8d4d6">[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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2016-
6429.

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-2016-
6429; 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 supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to supersede AD 2015-05-02, Amendment 39-18112 (80 
FR 15152, March 23, 2015) (``AD 2015-05-02''). AD 2015-05-02 applied to 
all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, 
-214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. The SNPRM published in the 
Federal Register on May 19, 2017 (82 FR 22910) (``the SNPRM''). We 
preceded the SNPRM with a notice of proposed rulemaking (NPRM) that 
published in the Federal Register on May 11, 2016 (81 FR 29198) (``the 
NPRM''). The NPRM was prompted by an evaluation by the DAH, which 
indicates that principal structural elements and certain life limited 
parts are subject to WFD. The NPRM proposed to require revising the 
maintenance or inspection program, as applicable, to incorporate new or 
revised structural inspection requirements. The SNPRM proposed to 
require more restrictive airworthiness limitations and add Model A320-
251N and -271N airplanes to the applicability. We are issuing this AD 
to prevent fatigue cracking, accidental damage, or corrosion in 
principal structural elements, and WFD, which could result in 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 2016-0239, dated December 2, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition. The MCAI states:

    The airworthiness limitations for Airbus A320 family aeroplanes 
are currently included in Airbus A318/A319/A320/A321 Airworthiness 
Limitations Section (ALS) documents. The Damage Tolerant 
Airworthiness Limitation Items are published in ALS Part 2, approved 
by EASA.
    The instructions contained in the ALS Part 2 have been 
identified as mandatory actions for continued airworthiness. Failure 
to comply with these instructions could result in an unsafe 
condition.
    Previously, EASA issued AD 2015-0083 to require accomplishment 
of all maintenance tasks as described in ALS Part 2 at Revision 03. 
Since that [EASA] AD was issued, Airbus issued Revision 04, and 
later on Revision 05 of the ALS Part 2, including new and/or more 
restrictive items, and new A320 models were certified.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2015-0083, which is superseded, expands the 
Applicability by adding the models A320-251N and A320-271N, requires 
accomplishment of all maintenance tasks as described in the ALS Part 
2, Revision 05 (hereafter referred to as `the ALS' in this [EASA] 
AD), and provides specific compliance times for ALS task 572021-01-1 
(Wide Spread Fatigue Damage related).

    The required action is revising the maintenance or inspection 
program to incorporate new or revised structural inspection 
requirements. The unsafe condition is fatigue cracking, accidental 
damage, or corrosion in principal structural elements, and WFD, which 
could result in reduced structural integrity of the airplane. 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-2016-
6429.

Comments

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

Request To Reference Revised Service Information

    American Airlines (AAL) requested that we revise the SNPRM to 
incorporate Airbus A318/A319/A320/A321 ALS Part 1--Safe Life 
Airworthiness Limitation Items (SL--ALI), Revision 05, dated April 6, 
2017, including Variations 5.1 and 5.2; and Airbus A318/A319/A320/A321 
ALS Part 2--Damage Tolerant Airworthiness Limitation Items (DT--ALI), 
Revision 06, dated April 10, 2017.
    We partially agree with AAL's request. We agree that operators 
should use the latest service information, and we agree to account for 
AAL's request in this AD. However, we do not agree to require the 
revised service information in this final rule since it would expand 
the scope, requiring additional notice and comment. We find that 
delaying this action would be inappropriate in light of the identified 
unsafe condition. We are considering further rulemaking to supersede 
this final rule to require incorporating the revised service 
information.
    We have added paragraph (l)(1)(iii) to this AD to specify that the 
previous

[[Page 49093]]

alternative methods of compliance (AMOCs) that are approved for AD 
2015-05-02 are approved as AMOCs for the corresponding provisions of 
paragraphs (i) and (j) of this AD. The previous AMOCs include Airbus 
A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness Limitation 
Items (SL--ALI), Revision 05, dated April 6, 2017, including Variations 
5.1 and 5.2; and Airbus A318/A319/A320/A321 ALS Part 2--Damage Tolerant 
Airworthiness Limitation Items (DT--ALI), Revision 06, dated April 10, 
2017.

Conclusion

    We reviewed the available data, including the comment 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 
SNPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
    <bullet> A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness 
Limitation Items (SL--ALI), Revision 04, dated June 20, 2016. This 
service information describes mandatory instructions and airworthiness 
limitations for the ``safe-life'' structure.
    <bullet> A318/A319/A320/A321 ALS Part 2--Damage Tolerant 
Airworthiness Limitation Items (DT--ALI), Revision 05, dated July 8, 
2016. This service information describes mandatory instructions and 
airworthiness limitations arising from fatigue and damage tolerance 
evaluation of damage tolerant structural elements.
    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 1,182 airplanes of U.S. registry.
    The actions required by AD 2015-05-02, and retained in this AD, 
take about 2 work-hours per product, at an average labor rate of $85 
per work-hour. Based on these figures, the estimated cost of the 
actions that are required by AD 2015-05-02 is $170 per product.
    We also estimate that it will take about 2 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 $200,940, or $170 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.
    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) 
2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), and 
adding the following new AD:

2017-22-03 Airbus Amendment 39-19083; Docket No. FAA-2016-6429; 
Product Identifier 2015-NM-117-AD.

(a) Effective Date

    This AD is effective November 28, 2017.

(b) Affected ADs

    This AD replaces AD 2015-05-02, Amendment 39-18112 (80 FR 15152, 
March 23, 2015) (``AD 2015-05-02'').

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (c)(4) of this AD, certificated in any category, with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before July 8, 2016.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, 
and -271N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder which indicates that principal structural elements and 
certain life-limited parts are subject to widespread fatigue damage 
(WFD). We are issuing this AD to prevent fatigue cracking, 
accidental damage, or corrosion in principal structural elements, 
and WFD, which could result in reduced structural integrity of the 
airplane.

(f) Compliance

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

[[Page 49094]]

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (n) of AD 
2015-05-02, with no changes. Within 30 days after March 2, 2015 (the 
effective date of AD 2014-23-15, Amendment 39-18031 (80 FR 3871, 
January 26, 2015) (``AD 2014-23-15'')), revise the maintenance or 
inspection program, as applicable, to incorporate the Airworthiness 
Limitation Items (ALIs) specified in paragraphs (g)(1) and (g)(2) of 
this AD. The initial compliance time for accomplishing the actions 
is at the applicable time identified in the ALIs specified in 
paragraphs (g)(1) and (g)(2) of this AD; or within 4 months after 
March 2, 2015 (the effective date of AD 2014-23-15); whichever 
occurs later.
    (1) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 1--Safe Life Airworthiness Limitation Items, Revision 02, 
dated May 13, 2011.
    (2) Airbus A318/A319/A320/A321 ALS Part 2--Damage-Tolerant 
Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28, 
2013.

(h) Retained Limitation: No Alternative Actions, Intervals, and/or 
Critical Design Configuration Control Limitations (CDCCLs), With an 
Exception

    This paragraph restates the requirements of paragraph (o) of AD 
2015-05-02, with an exception. Except as specified in paragraph (i) 
or (j) of this AD, as applicable, after accomplishing the revision 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and/or CDCCLs may be used unless the 
actions, intervals, and/or CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
ALIs specified in Airbus A318/A319/A320/A321 ALS Part 2--Damage 
Tolerant Airworthiness Limitation Items (DT--ALI), Revision 05, 
dated July 8, 2016. The initial compliance time for accomplishing 
the actions is at the applicable time identified in the ALIs 
specified in Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI, 
Revision 05, dated July 8, 2016, without exceeding the inspection 
intervals in the ALIs specified in the service information 
identified in paragraph (g)(2) of this AD. Accomplishing this action 
terminates the requirements of paragraph (g)(2) of this AD.

(j) New Method of Compliance for Maintenance or Inspection Program 
Revision

    Revising the maintenance or inspection program, as applicable, 
to incorporate the ALIs specified in Airbus A318/A319/A320/A321 ALS 
Part 1--Safe Life Airworthiness Limitation Items (SL--ALI), Revision 
04, dated June 20, 2016, is a method of compliance for the actions 
required by paragraph (g)(1) of this AD. The initial compliance time 
for accomplishing the actions is at the applicable time identified 
in the ALIs specified in Airbus A318/A319/A320/A321 ALS Part 1--SL--
ALI, Revision 04, dated June 20, 2016, without exceeding the 
inspection intervals in the ALIs specified in the service 
information identified in paragraph (g)(1) of this AD. Accomplishing 
this action terminates the requirements of paragraph (g)(1) of this 
AD.

(k) New No Alternative Actions and/or Intervals

    After accomplishing the revision required by paragraph (i) or 
specified in paragraph (j) of this AD, no alternative actions (e.g., 
inspections) and/or intervals may be used unless the actions and/or 
intervals are approved as an AMOC in accordance with the procedures 
specified in paragraph (l)(1) of this AD.

(l) 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 (m)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#dae3f79b9497f7ebebecf79b979599f7889f8b8f9f898e899abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="cef7e38f8083e3fffff8e38f83818de39c8b9f9b8b9d9a9d8ea8afafe0a9a1b8">[email&#160;protected]</span></a>.
    (i) 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.
    (ii) AMOCs approved previously for AD 2015-05-02, are approved 
as AMOCs for the corresponding provisions of paragraphs (g) and (h) 
of this AD.
    (iii) AMOCs approved previously for AD 2015-05-02, which are 
included in the FAA AMOC letters specified in paragraphs 
(l)(1)(iii)(A) and (l)(1)(iii)(B), are approved as AMOCs for the 
corresponding provisions of paragraphs (i) and (j) of this AD.
    (A) FAA AMOC letter ANM-116-17-002R1, dated November 14, 2016.
    (B) FAA AMOC letter ANM-116-17-323, dated June 12, 2017.
    (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 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0239, dated December 2, 
2016, 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-2016-6429.
    (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.

(n) 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 
November 28, 2017.
    (i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section 
(ALS) Part 1--Safe Life--Airworthiness Limitation Items (SL--ALI), 
Revision 04, dated June 20, 2016.
    (ii) Airbus A318/A319/A320/A321 Airworthiness Limitations 
Section (ALS) Part 2--Damage Tolerant Airworthiness Limitation Items 
(DT--ALI), Revision 05, dated July 8, 2016.
    (4) The following service information was approved for IBR on 
March 2, 2015 (80 FR 3871, January 26, 2015).
    (i) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life 
Airworthiness Limitation Items, Revision 02, dated May 13, 2011. The 
revision level of this document is identified on only the title page 
and in the Record of Revisions. The revision date is not identified 
on the title page of this document.
    (ii) Airbus A318/A319/A320/A321 ALS Part 2--Damage-Tolerant 
Airworthiness Limitation Items (DT ALI), Revision 02, dated May 28, 
2013. The revision date of this document is not identified on the 
title page of this document.
    (5) 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#bbdad8d8d4ced5cf95dad2c9ccd4c9cfd396dedac8fbdad2c9d9cec895d8d4d6"><span class="__cf_email__" data-cfemail="7e1f1d1d110b100a501f170c09110c0a16531b1f0d3e1f170c1c0b0d501d1113">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (6) 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.
    (7) 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 October 11, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-22949 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-13-P