Airworthiness Directives; Airbus Airplanes, 22910-22913 [2017-10034]
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be accomplished 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). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): 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.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2017–0021, dated
February 8, 2017, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2016–7264.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1138; fax 425–227–1149.
(3) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
airworthiness.A330-A340@airbus.com;
Internet https://www.airbus.com. 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.
Issued in Renton, Washington, on May 8,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–10035 Filed 5–18–17; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–6429; Directorate
Identifier 2015–NM–117–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
notice of proposed rulemaking (NPRM)
to supersede Airworthiness Directive
(AD) 2015–05–02, which applies to all
Airbus Model A318, A319, A320–211,
–212, –214, –231, –232, and –233, and
A321 series airplanes. This action
revises the NPRM by proposing to
require revising the maintenance or
inspection program to incorporate new
or revised structural inspection
requirements and adding airplanes to
the applicability. We are proposing this
AD to address the unsafe condition on
these products. Since these actions
impose an additional burden over that
proposed in the NPRM, we are
reopening the comment period to allow
the public the chance to comment on
these proposed changes.
DATES: The comment period for the
NPRM published in the Federal
Register on May 11, 2016 (81 FR 29198),
is reopened.
We must receive comments on this
SNPRM by July 3, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this SNPRM, 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
account.airworth-eas@airbus.com;
SUMMARY:
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Internet https://www.airbus.com. 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.
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–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 SNPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
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:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2016–6429; Directorate Identifier
2015–NM–117–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this SNPRM. We will
consider all comments received by the
closing date and may amend this
SNPRM because of those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this SNPRM.
Discussion
On February 25, 2015, we issued AD
2015–05–02, Amendment 39–18112 (80
FR 15152, March 23, 2015) (‘‘AD 2015–
05–02’’). AD 2015–05–02 requires
actions intended to address an unsafe
condition on all Airbus Model A318,
A319, A320–211, –212, –214, –231,
–232, and –233, and A321 series
airplanes.
We issued an NPRM to amend 14 CFR
part 39 by adding an AD to supersede
AD 2015–05–02 that would apply to
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certain Airbus Model A318, A319,
A320–211, –212, –214, –231, –232, and
–233, and A321 series airplanes. The
NPRM published in the Federal
Register on May 11, 2016 (81 FR 29198)
(‘‘the NPRM’’). The NPRM 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). The NPRM proposed to
require revising the maintenance or
inspection program, as applicable, to
incorporate new or revised structural
inspection requirements.
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Actions Since the NPRM Was Issued
Since we issued the NPRM, the
manufacturer has issued more
restrictive airworthiness limitations and
added Model A320–251N and -271N
airplanes to the applicability.
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
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integrity of the airplane. You may
examine the MCAI in the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
6429.
Related Service Information Under 1
CFR Part 51
Airbus has issued the following
service information.
• A318/A319/A320/A321
Airworthiness Limitations Section
(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.
• 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.
Comments
We gave the public the opportunity to
participate in developing the NPRM.
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Requests To Specify Revised Service
Information
Airbus requested that we revise the
NPRM to specify the latest ALS Part 1
document, which is currently Airbus
A318/A319/A320/A321 ALS Part 1 SL—
ALI, Revision 03, dated February 22,
2016. Airbus and United Airlines (UAL)
requested that we revise the NPRM to
specify Revision 05 of Airbus A318/
A319/A320/A321 ALS Part 2—DT—
ALI, which is expected to be published
soon.
We agree with the commenters’
requests. We have reviewed the latest
ALS documents: Airbus A318/A319/
A320/A321 ALS Part 1—SL—ALI,
Revision 04, dated June 20, 2016; and
Airbus A318/A319/A320/A321 ALS
Part 2—DT—ALI, Revision 05, dated
July 8, 2016.
We have added paragraph (j) to this
proposed AD to specify that the
incorporation of Airbus A318/A319/
A320/A321 ALS Part 1—SL—ALI,
Revision 04, dated June 20, 2016, is a
method of compliance for the
requirements of paragraph (g)(1) of this
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proposed AD. We have redesignated
subsequent paragraphs accordingly.
We have also revised paragraph (i) of
this proposed AD to specify
incorporation of Airbus A318/A319/
A320/A321 ALS Part 2—DT—ALI,
Revision 05, dated July 8, 2016.
Request To Allow Repair Design
Approval Sheets (RDAS)
UAL requested that we allow the
instructions for continued airworthiness
(ICA) defined in Airbus/EASA-approved
RDAS as an acceptable adaptation to an
ALI task for the affected repair location
in lieu of obtaining approval of an FAA
alternative method of compliance
(AMOC). UAL stated that paragraph (j)
of the proposed AD (in the NPRM)
(referred to as paragraph (k) of this
proposed AD (in the SNPRM)) prohibits
alternative action(s), including
inspections and/or intervals, unless
approved by an AMOC.
We do not agree with UAL’s request.
14 CFR part 39.17 states that if a change
in a product affects an operator’s ability
to accomplish the actions required by
the airworthiness directive in any way,
the operator must request FAA approval
of an AMOC. For approval of an AMOC,
the operator must provide evidence that
the change will eliminate the unsafe
condition or include the specific
proposed actions to address the unsafe
condition. An operator can submit a
RDAS as substantiation to support a
request for an AMOC in accordance
with the procedures specified in
paragraph (l)(1) of this proposed AD. We
have not changed this proposed AD in
this regard.
Request for Repair Policy Clarification
UAL requested that we clarify the
repairs required by the proposed AD.
UAL explained that paragraph 5.3 of
Airbus A318/A319/A320/A321 ALS
Part 2, DT—ALI, Revision 04, dated
December 18, 2015, states that operators
must follow the structural repair manual
or RDAS in case of damage or repairs.
UAL stated that it is not certain that this
provision provides authority to
incorporate the adapted ICA for the
repairs without requesting approval of
an FAA AMOC.
We agree that clarification is
necessary. AMOCs are not required to
address findings from the required ALS
inspection because the AD does not
mandate corrective actions. An AMOC
is only required if there are deviations
from the ALS inspection method or
interval. Operators of U.S.-registered
airplanes are required by general
airworthiness and operational
regulations to perform maintenance
using methods that are acceptable to the
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FAA. We have not changed this
proposed AD in this regard.
products identified in this rulemaking
action.
FAA’s Determination and Requirements
of This SNPRM
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would 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 this proposed regulation:
(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.
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of these same
type designs.
Certain changes described above
expand the scope of the NPRM. As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
the public to comment on this SNPRM.
Costs of Compliance
We estimate that this proposed AD
affects 1,182 airplanes of U.S. registry.
The actions required by AD 2015–05–
02, and retained in this proposed AD,
take about 2 work-hours per product, at
an average labor rate of $85 per workhour. 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 proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $200,940, or $170 per product.
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Authority for This Rulemaking
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The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
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
VerDate Sep<11>2014
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
[Amended]
2. The FAA amends § 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:
■
Airbus: Docket No. FAA–2016–6429;
Directorate Identifier 2015–NM–117–AD.
(a) Comments Due Date
We must receive comments by July 3, 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.
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(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.
(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 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
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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 Airworthiness Limitations Section
(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 Airworthiness Limitations
Section (ALS) Part 1—Safe Life
Airworthiness Limitation Items (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.
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(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
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 the
attention of the person identified in
paragraph (m)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov.
(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
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corresponding provisions of paragraphs (g)
and (h) of this AD.
(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 Branch, ANM–
116, Transport Airplane Directorate, 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 https://www.regulations.gov
by searching for and locating Docket No.
FAA–2016–6429.
(2) For more information about this AD,
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.
(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 account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
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.
Issued in Renton, Washington, on May 8,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
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BILLING CODE 4910–13–P
22913
prompted by reports of low clearance in
the aft equipment bay between auxiliary
power unit (APU) generator power
cables and a hydraulic line, which can
cause damage to wire insulation. This
proposed AD would require an
inspection of the APU generator power
cables and the adjacent hydraulic line
for damage, and repair, if necessary; and
modification of the APU generator
power cable installation. We are
proposing this AD to address the unsafe
condition on these products.
DATES: We must receive comments on
this proposed AD by July 3, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Bombardier, Inc.,
ˆ
400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone
514–855–5000; fax 514–855–7401; email
thd.crj@aero.bombardier.com; Internet
https://www.bombardier.com. 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.
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0481; Directorate
Identifier 2016–NM–196–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model BD–100–1A10
airplanes. This proposed AD was
SUMMARY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0481; 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 proposed 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. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE–
172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart
E:\FR\FM\19MYP1.SGM
19MYP1
Agencies
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Proposed Rules]
[Pages 22910-22913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-6429; Directorate Identifier 2015-NM-117-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier notice of proposed rulemaking
(NPRM) to supersede Airworthiness Directive (AD) 2015-05-02, which
applies to all Airbus Model A318, A319, A320-211, -212, -214, -231, -
232, and -233, and A321 series airplanes. This action revises the NPRM
by proposing to require revising the maintenance or inspection program
to incorporate new or revised structural inspection requirements and
adding airplanes to the applicability. We are proposing this AD to
address the unsafe condition on these products. Since these actions
impose an additional burden over that proposed in the NPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.
DATES: The comment period for the NPRM published in the Federal
Register on May 11, 2016 (81 FR 29198), is reopened.
We must receive comments on this SNPRM by July 3, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this SNPRM, 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 account.airworth-eas@airbus.com; Internet https://www.airbus.com. 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.
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-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 SNPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6429;
Directorate Identifier 2015-NM-117-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this SNPRM. We will
consider all comments received by the closing date and may amend this
SNPRM because of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this SNPRM.
Discussion
On February 25, 2015, we issued AD 2015-05-02, Amendment 39-18112
(80 FR 15152, March 23, 2015) (``AD 2015-05-02''). AD 2015-05-02
requires actions intended to address an unsafe condition on all Airbus
Model A318, A319, A320-211, -212, -214, -231, -232, and -233, and A321
series airplanes.
We issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2015-05-02 that would apply to
[[Page 22911]]
certain Airbus Model A318, A319, A320-211, -212, -214, -231, -232, and
-233, and A321 series airplanes. The NPRM published in the Federal
Register on May 11, 2016 (81 FR 29198) (``the NPRM''). The NPRM 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). The NPRM proposed
to require revising the maintenance or inspection program, as
applicable, to incorporate new or revised structural inspection
requirements.
Actions Since the NPRM Was Issued
Since we issued the NPRM, the manufacturer has issued more
restrictive airworthiness limitations and added Model A320-251N and -
271N airplanes to the applicability.
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 https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6429.
Related Service Information Under 1 CFR Part 51
Airbus has issued the following service information.
A318/A319/A320/A321 Airworthiness Limitations Section
(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.
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.
Comments
We gave the public the opportunity to participate in developing the
NPRM. The following presents the comments received on the NPRM and the
FAA's response to each comment.
Requests To Specify Revised Service Information
Airbus requested that we revise the NPRM to specify the latest ALS
Part 1 document, which is currently Airbus A318/A319/A320/A321 ALS Part
1 SL--ALI, Revision 03, dated February 22, 2016. Airbus and United
Airlines (UAL) requested that we revise the NPRM to specify Revision 05
of Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI, which is expected to
be published soon.
We agree with the commenters' requests. We have reviewed the latest
ALS documents: Airbus A318/A319/A320/A321 ALS Part 1--SL--ALI, Revision
04, dated June 20, 2016; and Airbus A318/A319/A320/A321 ALS Part 2--
DT--ALI, Revision 05, dated July 8, 2016.
We have added paragraph (j) to this proposed AD to specify that the
incorporation of Airbus A318/A319/A320/A321 ALS Part 1--SL--ALI,
Revision 04, dated June 20, 2016, is a method of compliance for the
requirements of paragraph (g)(1) of this proposed AD. We have
redesignated subsequent paragraphs accordingly.
We have also revised paragraph (i) of this proposed AD to specify
incorporation of Airbus A318/A319/A320/A321 ALS Part 2--DT--ALI,
Revision 05, dated July 8, 2016.
Request To Allow Repair Design Approval Sheets (RDAS)
UAL requested that we allow the instructions for continued
airworthiness (ICA) defined in Airbus/EASA-approved RDAS as an
acceptable adaptation to an ALI task for the affected repair location
in lieu of obtaining approval of an FAA alternative method of
compliance (AMOC). UAL stated that paragraph (j) of the proposed AD (in
the NPRM) (referred to as paragraph (k) of this proposed AD (in the
SNPRM)) prohibits alternative action(s), including inspections and/or
intervals, unless approved by an AMOC.
We do not agree with UAL's request. 14 CFR part 39.17 states that
if a change in a product affects an operator's ability to accomplish
the actions required by the airworthiness directive in any way, the
operator must request FAA approval of an AMOC. For approval of an AMOC,
the operator must provide evidence that the change will eliminate the
unsafe condition or include the specific proposed actions to address
the unsafe condition. An operator can submit a RDAS as substantiation
to support a request for an AMOC in accordance with the procedures
specified in paragraph (l)(1) of this proposed AD. We have not changed
this proposed AD in this regard.
Request for Repair Policy Clarification
UAL requested that we clarify the repairs required by the proposed
AD. UAL explained that paragraph 5.3 of Airbus A318/A319/A320/A321 ALS
Part 2, DT--ALI, Revision 04, dated December 18, 2015, states that
operators must follow the structural repair manual or RDAS in case of
damage or repairs. UAL stated that it is not certain that this
provision provides authority to incorporate the adapted ICA for the
repairs without requesting approval of an FAA AMOC.
We agree that clarification is necessary. AMOCs are not required to
address findings from the required ALS inspection because the AD does
not mandate corrective actions. An AMOC is only required if there are
deviations from the ALS inspection method or interval. Operators of
U.S.-registered airplanes are required by general airworthiness and
operational regulations to perform maintenance using methods that are
acceptable to the
[[Page 22912]]
FAA. We have not changed this proposed AD in this regard.
FAA's Determination and Requirements of This SNPRM
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Costs of Compliance
We estimate that this proposed AD affects 1,182 airplanes of U.S.
registry.
The actions required by AD 2015-05-02, and retained in this
proposed 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 proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed 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.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Airbus: Docket No. FAA-2016-6429; Directorate Identifier 2015-NM-
117-AD.
(a) Comments Due Date
We must receive comments by July 3, 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.
(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 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
[[Page 22913]]
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
Airworthiness Limitations Section (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 Airworthiness
Limitations Section (ALS) Part 1--Safe Life Airworthiness Limitation
Items (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 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 the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
(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.
(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 Branch, ANM-116, Transport
Airplane Directorate, 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 https://www.regulations.gov by searching
for and locating Docket No. FAA-2016-6429.
(2) For more information about this AD, 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.
(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 account.airworth-eas@airbus.com; Internet https://www.airbus.com. 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.
Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10034 Filed 5-18-17; 8:45 am]
BILLING CODE 4910-13-P