[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48485-48487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18702]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0334; Project Identifier MCAI-2020-01662-T; 
Amendment 39-21686; AD 2017-17-03]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-12-
13, which applied to certain Airbus SAS Model A320-212, -214, -232, and 
-233 airplanes. AD 2017-12-13 required repetitive low frequency eddy 
current inspections or repetitive high frequency eddy current 
inspections of the pocket radius at certain areas of the fuselage 
frame, and repair if necessary. This AD requires new repetitive 
inspections at the left- (LH) and right-hand (RH) sides of the fuselage 
skin at certain frames for any cracking, and repair if necessary, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. This AD was prompted by a report of a 
crack found during an inspection of the pocket radius of the fuselage 
frame, and a determination that similar cracks may develop in nearby 
areas of the fuselage frame and that additional airplanes are subject 
to the unsafe condition. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective October 5, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 5, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email ADs@easa.europa.eu; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety 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 in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0334.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0334; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email Sanjay.Ralhan@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0280, dated December 14, 2020 
(EASA AD 2020-0280) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus SAS Model A318-111, -112 and -122 airplanes; Model 
A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; and 
Model A320-211, -212, -214, -231, -232, and -233 airplanes. EASA AD 
2020-0280 supersedes EASA AD 2014-0278, dated December 19, 2014 (which 
corresponds to FAA AD 2017-12-13, Amendment 39-18928 (82 FR 27983, June 
20, 2017) (AD 2017-12-13)).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-12-13. AD 2017-12-13 applied to 
certain Airbus SAS Model A320-212, -214, -232, and -233 airplanes. The 
NPRM published in the Federal Register on April 22, 2021 (86 FR 21228). 
The NPRM was prompted by a report of a crack found during an inspection 
of the pocket radius of the fuselage frame, and a determination that 
similar cracks may

[[Page 48486]]

develop in nearby areas of the fuselage frame and that additional 
airplanes are subject to the unsafe condition. The NPRM proposed to 
require new repetitive inspections at the LH and RH sides of the 
fuselage skin at certain frames for any cracking, and repair if 
necessary, as specified in EASA AD 2020-0280.
    The FAA is issuing this AD to address cracking of the pocket 
radius, which could lead to in-flight decompression of the airplane and 
possible injury to the passengers. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    United Airlines indicated its support for the NPRM.

Request To Use a Certain Approval Forms

    Delta Air Lines (DAL) requested that paragraph (h)(3) of the 
proposed AD reference both the Repair and Design Approval Form (RDAF) 
and the Airbus Repair Design Approval Sheet (RDAS). DAL stated that 
Airbus has entered into service the RDAF which supersedes the RDAS. DAL 
commented that if the proposed AD does not reflect this change, 
operators may be required to obtain an alternative method of compliance 
(AMOC) in order to use the RDAF to comply with the requirements 
specified in paragraph (h)(3) of the proposed AD.
    The FAA disagrees with the commenter's request. The exception in 
paragraph (h)(3) removes any need to reference the RDAS or the RDAF. 
Instead, the specific reference to a specific repair instructions 
document is replaced with repair instructions approved, and within the 
compliance time specified in the repair approval, using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). The RDAS and the RDAF are within the 
provision to use a method approved by Airbus SAS's EASA DOA. The FAA 
has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0280 describes procedures for doing repetitive 
external general visual inspections or special detailed inspections 
(i.e., phased array ultrasonic technology inspections of the external 
skin, or detailed inspections for primer/paint cracks and high 
frequency eddy current inspections of the internal skin) at the LH and 
RH sides of the fuselage skin, above stringer 6 from FR35 to FR47, for 
any cracking, and repair if necessary. This material 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

    The FAA estimates that this AD affects 439 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2017-12-  3 work-hours x $85               $0  $255...............  $111,945.
 13.                                per hour = $255.
Repetitive inspections (new        Up to 30                          0  Up to $2,550.......  Up to
 actions).                          work[dash]hours x                                        $1,119,450.
                                    $85 per hour = Up
                                    to $2,550.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs 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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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:

[[Page 48487]]

0
a. Removing Airworthiness Directive (AD) 2017-12-13, Amendment 39-18928 
(82 FR 27983, June 20, 2017); and
0
b. Adding the following new AD:

2017-17-03 Airbus SAS: Amendment 39-21686; Docket No. FAA-2021-0334; 
Project Identifier MCAI-2020-01662-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 5, 2021.

(b) Affected ADs

    This AD replaces AD 2017-12-13, Amendment 39-18928 (82 FR 27983, 
June 20, 2017).

(c) Applicability

    This AD applies to Airbus SAS airplanes specified in paragraphs 
(c)(1) through (3) of this AD, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2020-
0280, dated December 14, 2020 (EASA AD 2020-0280).
    (1) Model A318-111, -112 and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a crack found during an 
inspection of the pocket radius of the fuselage frame, and a 
determination that similar cracks may develop in nearby areas of the 
fuselage frame and that additional airplanes are subject to the 
unsafe condition. The FAA is issuing this AD to address cracking of 
the pocket radius, which could lead to in-flight decompression of 
the airplane and possible injury to the passengers.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2020-0280.

(h) Exceptions to EASA AD 2020-0280

    (1) Where EASA AD 2020-0280 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (9) of EASA AD 2020-0280 specifies if any 
crack is found during any inspection to ``contact Airbus for 
approved repair instructions and accomplish those instructions 
accordingly,'' this AD requires if any cracking is found, the 
cracking must be repaired before further flight using a method 
approved by the Manager, Large Aircraft Section, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Where paragraph (10) of EASA AD 2020-0280 specifies credit 
for actions ``in accordance with the instructions of an Airbus 
Repair Design Approval Sheet (RDAS), [and to] accomplish the next 
inspection of each repaired area in accordance with the instructions 
of, and within the compliance time as specified in, the applicable 
RDAS,'' this AD requires using ``in accordance with repair 
instructions approved, and within the compliance time specified in 
the repair approval, using a method approved by the Manager, Large 
Aircraft Section, International Validation Branch, FAA; or EASA; or 
Airbus SAS's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.''
    (4) Where paragraph (11) of EASA AD 2020-0280 specifies 
terminating actions apply only if specified ``in the Airbus RDAS 
instructions for a repaired aeroplane,'' this AD requires using ``in 
repair instructions approved using a method approved by the Manager, 
Large Aircraft Section, International Validation Branch, FAA; or 
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.''
    (5) The ``Remarks'' section of EASA AD 2020-0280 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0280 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (k) of this 
AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Airbus 
SAS's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (j)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; email Sanjay.Ralhan@faa.gov.

(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) European Union Aviation Safety Agency (EASA) AD 2020-0280, 
dated December 14, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0280, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0334.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-18702 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P


