[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9692-9697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9074; Product Identifier 2016-NM-097-AD; Amendment 
39-19213; AD 2018-05-04]
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 all 
Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -
114, and -115 airplanes; Model A320-211, -212, and -214 airplanes; and 
Model A321-111, -112, -211, -212, and -213 airplanes. This AD was 
prompted by reports of engine fan cowl door (FCD) losses on airplanes 
equipped with CFM56 engines due to operator failure to close the FCD 
during ground operations. This AD requires modification and re-
identification, or replacement, of certain FCDs. This AD also requires 
installation of a placard. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 11, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 11, 
2018.

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 [email protected]; internet 
http://www.airbus.com. You may view this referenced service information 
at the FAA, Transport Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9074.

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-2016-
9074; 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 Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to all Airbus 
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, 
and -115 airplanes; Model A320-211, -212, and -214 airplanes; and Model 
A321-111, -112, -211, -212, and -213 airplanes. The SNPRM published in 
the Federal Register on September 27, 2017 (82 FR 44974) (``the 
SNPRM''). We preceded the SNPRM with a notice of proposed rulemaking 
(NPRM) that published in the Federal Register on September 26, 2016 (81 
FR 65980) (``the NPRM''). The NPRM was prompted by reports of engine 
FCD losses on airplanes equipped with CFM56 engines due to operator 
failure to close the FCD during ground operations. The NPRM proposed to 
require modification and re-identification, or replacement, of certain 
FCDs. The NPRM also proposed to require installation of a placard. The 
SNPRM proposed to add airplanes to the applicability and expand the 
list of affected FCD part numbers. We are issuing this AD to prevent 
in-flight loss of an engine FCD and possible consequent damage to 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 2016-0257, dated December 16, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model 
A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, and -115 
airplanes; Model A320-211, -212, and -214, airplanes; and Model A321-
111, -112, -211, -212, and -213 airplanes. The MCAI states:

    Fan Cowl Door (FCD) losses were reported on aeroplanes equipped 
with CFM56 engines. Investigation results confirmed that in all 
cases the fan cowls were opened prior to the flight and were not 
correctly re-secured. During the pre-flight inspection, it was then 
not detected that the FCD[s] were not properly latched.
    This condition, if not detected and corrected, could lead to in-
flight loss of a FCD, possibly resulting in damage to the aeroplane 
and/or injury to persons on the ground.
    Prompted by these events, new FCD front latch and keeper 
assembly were developed, having a specific key necessary to un-latch 
the FCD. This key cannot be removed unless the FCD front latch is 
safely closed. The key, after removal, must be stowed in the flight 
deck at a specific location, as instructed in the applicable 
Aircraft Maintenance Manual. Applicable Flight Crew Operating 
Manuals have been amended accordingly. After modification, the FCD 
is identified with a different Part Number (P/N). Airbus issued 
Service Bulletin (SB) A320-71-1068 to provide the modification 
instructions. Consequently, EASA issued AD 2016-0069 to require 
modification and re-identification of [affected] FCD[s] [or 
replacement of affected FCDs].

[[Page 9693]]

    After that [EASA] AD was published, FCD P/N 238-0301-509 was 
identified as missing in the list of affected FCD P/N[s] provided in 
the [EASA] AD.
    For the reasons described above, this [EASA] AD retains the 
requirement of EASA AD 2016-0069, which is superseded, and expands 
the list of affected FCD P/N[s].

    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-2016-
9074.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM and 
the FAA's response to each comment. In addition to its general 
agreement with the proposed requirement to implement the new latches on 
the FCDs, Delta Airlines (Delta) provided the following comments on the 
SNPRM.

Request To Specify Which FCDs Require Modification

    Delta requested that we specify which FCDs need to be modified by 
listing the affected FCD serial numbers in paragraphs (g)(1) and (g)(3) 
of the proposed AD (in the SNPRM). Delta stated that Airbus confirmed 
that only a specific set of serial numbers is affected.
    We acknowledge that Delta provided additional information from 
Airbus regarding certain FCD serial numbers. However, Delta did not 
provide substantiation that only the FCDs with those serial numbers are 
subject to the identified unsafe condition. The State of Design 
Authority (EASA) and Airbus have determined that FCDs with certain part 
numbers (P/Ns), which are identified in table 1 to paragraphs (g), (h), 
(i), and (k) of this AD, as ``Old P/N,'' rather than the serial numbers 
that Airbus provided to Delta, are affected by the unsafe condition. If 
an operator can provide substantiation that certain FCDs may be 
exempted from the AD requirements based on having a type design which 
mitigates the risk and provides an adequate level of safety, they may 
apply for an alternative method of compliance in accordance with the 
procedures in paragraph (n)(1) of this AD. We have not changed this AD 
in this regard.

Request To Remove Requirement for Placard Installation

    Delta requested that we remove the proposed requirement to install 
a placard at the applicable location specified in paragraph (g)(2) of 
the proposed AD (in the SNPRM). Delta noted that FCD keys are 
considered ground support equipment by Airbus and are routinely stored 
at ground operating stations. Delta suggested that since FCD keys are 
not required to be stored on an airplane, requiring a placard where the 
keys may or may not be located creates an undue regulatory burden on 
operators. Delta pointed out that if the placard was missing from an 
airplane, that airplane would be out of compliance and could not be 
operated. Delta added that Airbus has indicated that the placard and 
key locations are not safety related.
    We partially agree with the commenter's request. We agree that the 
proposed placard requirements were too stringent. However, we have 
determined that some means of advising the flight and maintenance crews 
of the location of the FCD keys is necessary. We have revised paragraph 
(g)(2) of this AD to allow flights, for a time period not to exceed 10 
days, when one or both engine FCD keys or the placard are damaged or 
missing. We have also revised paragraph (g)(2) of this AD to allow an 
alternate key stowage location in the flight deck and installation of a 
placard for identification of the stowage location, provided the keys 
can be consistently retrieved from that flight deck location.

Request To Remove Reference to Certain Instructions for Installing 
Replacement FCDs

    Delta requested that the alternative actions in paragraphs (h) and 
(l)(2) of the proposed AD (in the SNPRM) to install replacement FCDs 
using instructions ``. . . approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA 
Design Organization Approval (DOA)'' be removed from the proposed AD 
(in the SNPRM). Delta claimed that the safety issue being addressed is 
the latching of the FCDs, not their installation. Delta noted that the 
SNPRM would allow on-wing work on FCDs that were installed as specified 
in the airplane maintenance manual (AMM), and suggested that same 
method should be acceptable for installing a new or modified FCD. Delta 
requested that either the requirement to use ``approved'' instructions 
be removed or the term ``approved'' be changed to allow a method 
``accepted'' by the FAA; EASA; or Airbus's EASA DOA, which would allow 
operators to use procedures in the existing AMM. Delta requested that 
if this change is not made, the ``Costs of Compliance'' section of this 
AD be updated to reflect the $3,555 Airbus would charge Delta to 
approve the existing AMM procedure for the actions specified in 
paragraphs (h) and (l)(2) of the proposed AD (in the SNPRM).
    We disagree with the commenter's request. Installation of a new 
part using procedures that are not approved in the specified manner 
might result in an inadvertent introduction of an unsafe condition. We 
have coordinated with Airbus and EASA and agreed that the installation 
must be done in accordance with the approved methods specified in 
paragraphs (h) and (l)(2) of this AD. In addition, we recognize that in 
accomplishing the requirements of any AD, operators might incur 
``incidental'' costs in addition to the ``direct'' costs that are 
reflected in the cost analysis presented in the AD. However, the cost 
analysis in ADs typically does not include incidental costs. We have 
not changed this AD in this regard.

Change to Applicability

    In paragraph (c)(2) of the proposed AD (in the SNPRM), we 
inadvertently included Airbus Model A320-216 airplanes. We did not 
intend to include Model A320-216 airplanes in the applicability of this 
AD because the MCAI was already added to the required airworthiness 
action list (RAAL) for Model A320-216 airplanes. We have removed Model 
A320-216 airplanes from the applicability of this final rule.

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 changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    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 A320-71-1068, Revision 01, dated 
April 28, 2016. This service information describes procedures for 
modifying the left-hand and right-hand FCDs on engines 1 and 2; 
installing a placard; and re-identifying both the left-hand and right-
hand FCDs with a new part number. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business

[[Page 9694]]

or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 400 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost on
            Action                  Labor cost      Parts cost            Cost per product               U.S.
                                                                                                      operators
----------------------------------------------------------------------------------------------------------------
Modification, placard           Up to 11 work-          $9,730  $10,665 (for two engines)..........   $4,266,000
 installation, and re-           hours x $85 per
 identification (or              hour = $935.
 replacement) of FCD.
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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 adding the following new airworthiness 
directive (AD):

2018-05-04 Airbus: Amendment 39-19213; Docket No. FAA-2016-9074; 
Product Identifier 2016-NM-097-AD.

(a) Effective Date

    This AD is effective April 11, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(4) of this AD, 
all manufacturer serial numbers.
    (1) Airbus Model A318-111 and -112 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, and -115 airplanes.
    (3) Airbus Model A320-211, -212, and -214 airplanes.
    (4) Airbus Model A321-111, -112, -211, -212, and -213 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of engine fan cowl door (FCD) 
losses on airplanes equipped with CFM56 engines due to operator 
failure to close the FCD during ground operations. We are issuing 
this AD to prevent in-flight loss of an engine FCD and possible 
consequent damage to the airplane.

(f) Compliance

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

(g) Modification of Affected FCDs

    Within 35 months after the effective date of this AD, accomplish 
concurrently the actions in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-71-1068, Revision 01, dated April 28, 
2016.
    (1) Modify the left-hand and right-hand FCDs on engines 1 and 2 
that have an old part number (``Old P/N''), as applicable, as 
specified in table 1 to paragraphs (g), (h), (i), and (k) of this 
AD.
    (2) Install a placard on the box located at the bottom of the 
120-volt unit (120 VU) panel, or at the bottom of the coat stowage, 
as applicable to airplane configuration. Revenue flights with one or 
both FCD keys missing from the stowage location in the flight deck, 
or the placard missing or damaged, are permitted for a period not to 
exceed 10 days. An alternate key stowage location in the flight deck 
and installation of a placard for identification of the stowage 
location is permitted in accordance with the operator's FAA accepted 
maintenance/inspection program, provided the keys can be 
consistently retrieved from that flight deck location when needed.
    (3) Re-identify the modified left-hand and right-hand FCDs with 
the new part number (``New P/N''), as applicable, as specified in 
table 1 to paragraphs (g), (h), (i), and (k) of this AD.
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(h) Optional Replacement of Affected FCDs With New Door Design

    Replacing the FCDs having a P/N listed as ``Old P/N'' in table 1 
to paragraphs (g), (h), (i), and (k) of this AD with the FCDs having 
the corresponding P/Ns listed as ``New P/N'' in table 1 to 
paragraphs (g), (h), (i), and (k) of this AD is acceptable for 
compliance with the requirements of paragraphs (g)(1) and (g)(3) of 
this AD. The replacement must be done in accordance with 
instructions 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.

(i) Compliance Information for Airplanes on Which Airbus Modification 
157517 Is Embodied

    Accomplishment of Airbus modification 157517 on an airplane in 
production is acceptable for compliance with the requirements of 
paragraphs (g)(1) and (g)(3) of this AD, provided that no FCD having 
a part number identified as ``Old P/N'' in table 1 to paragraphs 
(g), (h), (i), and (k) of this AD is installed on that airplane.

(j) Compliance Information for Airplanes on Which Airbus Modification 
157519 or Modification 157521 Is Embodied

    Accomplishment of Airbus modification 157519 or modification 
157521 on an airplane in production is acceptable for compliance 
with the requirements of paragraph (g)(2) of this AD.

(k) Parts Installation Prohibition

    (1) For any airplane with any FCD installed having a P/N 
identified as ``Old P/N'' in table 1 to paragraphs (g), (h), (i), 
and (k) of this AD as of the effective date of this AD: No person 
may install on an airplane a part number identified as ``Old P/N'' 
in table 1 to paragraphs (g), (h), (i), and (k) of this AD after 
accomplishing the requirements of paragraph (g) of this AD on that 
airplane.
    (2) For any airplane with only FCDs installed having P/Ns that 
are identified as ``New P/N'' in table 1 to paragraphs (g), (h), 
(i), and (k) of this AD as of the effective date of this AD: No 
person may install on any airplane a part number identified as ``Old 
P/N'' in table 1 to paragraphs (g), (h), (i), and (k) of this AD as 
of the effective date of this AD.

(l) Installation of Approved Parts

    Installation on an airplane of a right-hand or left-hand FCD 
having a part number approved after the effective date of this AD is 
acceptable for compliance with the requirements of paragraphs (g)(1) 
and (g)(3) of this AD for that airplane only, provided the 
conditions specified in paragraphs (l)(1) and (l)(2) of this AD are 
met.
    (1) The part number must be 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.
    (2) The FCD installation must be accomplished in accordance with 
airplane modification instructions 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.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Airbus Service Bulletin 
A320-71-1068, Revision 00, dated December 18, 2015.

(n) 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 (o)(2) of this AD. Information 
may be emailed to: [email protected]. 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: 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.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0257, dated December 16, 
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-2016-9074.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(3) and (p)(4) of this AD.

(p) 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 A320-71-1068, Revision 01, dated 
April 28, 2016.

[[Page 9697]]

    (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 [email protected]; internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 February 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-04265 Filed 3-6-18; 8:45 am]
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