Airworthiness Directives; Airbus Airplanes, 38618-38621 [2017-16569]

Download as PDF 38618 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules SBA has developed a regulatory policy that is implemented primarily through several core program offices: Office of Capital Access, Office of Disaster Assistance, Office of Entrepreneurial Development, Office of Government Contracting and Business Development, Office of International Trade, and Office of Investment and Innovation. SBA’s regulations are codified at title 13 Code of Federal Regulations, chapter I, and consist of parts 100 through 147. Federal agencies have an ongoing responsibility to ensure that the regulations they issue do not have an adverse economic impact on those affected by the rules. This responsibility has been reinforced over the years in various executive orders that have expressly directed agencies to review their regulations with an eye towards reducing the time and money the public must spend to comply with the regulatory requirements. The most recent of these executive orders are discussed below; together, they provide the framework for SBA’s efforts to reduce the regulatory burden on the participants in the agency’s programs. One of SBA’s primary objectives in carrying out these efforts is to continue to promote economic growth, innovation, and job creation in the small business sector, and to ensure that disaster survivors have the clear policy and procedural guidance they need to quickly obtain financial assistance to rebuild their lives. Anyone responding to SBA’s request for feedback should keep these objectives in mind. mstockstill on DSK30JT082PROD with PROPOSALS B. Executive Order 13771 On January 30, 2017, President Trump signed Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, which, among other objectives, is intended to ensure that an agency’s regulatory costs are prudently managed and controlled so as to minimize the compliance burden imposed on the public. For every new regulation an agency proposes to implement, unless prohibited by law, this Executive Order requires the agency to (i) identify at least two existing regulations that the agency can cancel; and (ii) use the cost savings from the cancelled regulations to offset the cost of the new regulation. C. Executive Order 13777 On February 24, 2017, the President issued Executive Order 13777, Enforcing the Regulatory Agenda, which further emphasized the goal of the Administration to alleviate the regulatory burdens placed on the public. Under Executive Order 13777, agencies must evaluate their existing regulations to determine which ones should be VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 repealed, replaced, or modified. In doing so, agencies should focus on identifying regulations that, among other things: eliminate jobs or inhibit job creation; are outdated, unnecessary or ineffective; impose costs that exceed benefits; create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; or are associated with Executive Orders or other Presidential directives that have been rescinded or substantially modified. D. Executive Order 13563 Under Executive Order 13563, Improving Regulation and Regulatory Review (January 11, 2011), agencies conduct a retrospective review of their regulations to seek more affordable, less intrusive means to achieve policy goals, and to give careful consideration to the benefits and costs of their regulations. Executive Order 13563, similar to the requirements in Executive Order 13771 and Executive Order 13777, also requires agencies to review existing rules to remove outdated regulations that stifle job creation and make the U.S. economy less competitive. E. Request for Information In order to fully implement the goal of these executive orders, SBA seeks help from the public in identifying those regulations that affected parties believe impose unnecessary burdens or costs that exceed their benefits, eliminate jobs or inhibit job creation, or are ineffective or outdated. Commenters should also address how SBA can best obtain and consider accurate, objective data about the costs and other burdens associated with the agency’s existing regulations. As you comment, SBA requests that you keep in mind the agency’s mission to strengthen America’s economy by providing tools to help start and grow businesses, create jobs, and help disaster survivors recover. F. List of Questions for Commenters The list of questions below is meant to assist in the formulation of public comments and is not intended to restrict the issues that may be addressed. SBA requests that commenters identify the specific regulation at issue and explain, in as much detail as possible, why the regulation should be streamlined, expanded, or repealed, including estimated cost savings and benefits to small businesses and other stakeholders. (1) Are there SBA regulations that have become unnecessary or ineffective and, if so, what are they? (2) Are there SBA regulations that can be repealed without impairing SBA’s PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 regulatory programs and, if so, what are they? (3) Are there SBA regulations that have become outdated and, if so, how can they be modernized to better accomplish their regulatory objectives? (4) Are there SBA regulations that are still necessary, but which have not operated as well as expected such that a modified approach is justified, and what is that approach? (5) Are there SBA regulations or regulatory processes that are unnecessarily complicated or could be streamlined to achieve regulatory objectives more efficiently? (6) Are there any technological developments that can be leveraged to modify, streamline, or repeal any existing SBA regulatory requirements? (7) Are there any SBA regulations that are not tailored to impose the least burden on the public? (8) How can SBA best obtain and consider accurate, objective data about the costs, burdens, and benefits of existing SBA regulations? (9) Are there any specific suggestions of ways SBA can better achieve its regulatory objectives? SBA notes that this RFI is issued solely for information and planning purposes and that the Agency is not required to implement any of the suggestions it receives. In addition, although the Agency will not be able to respond to individual comments, the requested feedback is valued and will be given careful consideration. Authority: 15 U.S.C. 634(b)(6); E.O. 13771; E.O. 13777. Dated: August 4, 2017. Linda E. McMahon, Administrator. [FR Doc. 2017–17176 Filed 8–14–17; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2017–0716; Product Identifier 2016–NM–165–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede Airworthiness Directive (AD) 2016–02– SUMMARY: E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 01, which applies to certain Airbus Model A320–211, –212, and –231 airplanes. AD 2016–02–01 requires repetitive inspections to detect cracks of the pressurized floor fittings at a certain frame, and renewal of the zone protective finish or replacement of fittings with new fittings if necessary. AD 2016–02–01 also provides an optional modification that is terminating action for the repetitive inspections. Since we issued AD 2016– 02–01, the manufacturer conducted an additional fatigue analysis of cracking of the pressurized floor fittings and determined that the optional modification should be a required action. This proposed AD would retain the requirements of AD 2016–02–01, and would require accomplishment of the modification. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by September 29, 2017. 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 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 Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. mstockstill on DSK30JT082PROD with PROPOSALS ADDRESSES: Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 and locating Docket No. FAA–2017– 0716; 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: Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1405; fax 425–227– 1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2017–0716; Product Identifier 2016– NM–165–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on 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 proposed AD. Discussion As described in FAA Advisory Circular 120–104 (https://www.faa.gov/ documentLibrary/media/Advisory_ Circular/120-104.pdf), several programs have been developed to support initiatives that will ensure the continued airworthiness of aging airplane structure. The last element of those initiatives is the requirement to establish a LOV of the engineering data that support the structural maintenance program under 14 CFR 26.21. This proposed AD is the result of an assessment of the previously established programs by the design approval holder (DAH) during the process of establishing the LOV for the affected airplanes. The actions specified in this proposed AD are necessary to complete certain programs to ensure the continued airworthiness of aging airplane structure and to support an airplane reaching its LOV. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 38619 On January 9, 2016, we issued AD 2016–02–01, Amendment 39–18380 (81 FR 4878, January 28, 2016) (‘‘AD 2016– 02–01’’), for certain Airbus Model A320–211, –212, and –231 airplanes. AD 2016–02–01 was prompted by an extended service goal analysis by the manufacturer, which revealed that the compliance times and repetitive inspection intervals to detect and correct fatigue cracking in the pressurized floor fittings at frame (FR) 36 should be reduced to meet the original design service goal. AD 2016– 02–01 requires repetitive visual inspections to detect cracks of the pressurized floor fittings at FR 36, and renewal of the zone protective finish or replacement of fittings with new fittings if necessary. AD 2016–02–01 also provides an optional terminating action for the repetitive inspections. We issued AD 2016–02–01 to detect and correct fatigue cracking in the pressurized floor fittings at FR 36, which could result in failure of a floor fitting and subsequent depressurization of the fuselage. Since we issued AD 2016–02–01, the manufacturer conducted an additional fatigue analysis to extend the service goal of the airplane and to meet the limit of validity requirements of the widespread fatigue damage (WFD) regulations. Also, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016–0181, dated September 13, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Airbus Model A320–211, –212, and –231 airplanes. The MCAI states: During centre fuselage certification full scale fatigue testing, damage was found on the pressurized floor fittings at Frame (FR) 36, below the lower surface panel. This condition, if not detected and corrected, could affect the structural integrity of the aeroplane. To prevent such damage, Airbus developed modification 21282, which was introduced in production from MSN [manufacturer serial number] 0105, to reinforce the pressurized floor fitting lower surface by changing material. For affected in-service aeroplanes, Airbus issued Service Bulletin (SB) A320– 57–1028, introducing repetitive inspections, and SB A320–57–1029, which provides modification instructions. ´ ´ DGAC [Direction Generale de l’Aviation Civile] France issued AD 95–099–067 to require these repetitive inspections and, depending on findings, corrective action(s), while the modification was specified in that [French] AD as optional terminating action for these inspections. Following new analysis in the frame of Extended Service Goal exercise, the E:\FR\FM\15AUP1.SGM 15AUP1 38620 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules inspection thresholds and intervals were revised to meet the original Design Service Goal. Consequently, EASA issued AD 2013– 0226 [which corresponds to FAA AD 2016– 02–01 (81 FR 4878, January 28, 2016)] to retain the requirements of DGAC France AD 95–099–067, which was superseded, but required those actions within reduced compliance times. Since that [EASA] AD was issued, in the frame of Widespread Fatigue Damages analysis, the situation has been reassessed and it has been decided to reclassify the modification, still stated as ‘optional’ terminating action in EASA AD 2013–0226, to the status ‘mandatory’. For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2013–0226, which is superseded, but requires embodiment of the modification as specified in Airbus SB A320–57–1029. 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–2017– 0716. FAA’s Determination and Requirements of This Proposed AD Related Service Information Under 1 CFR Part 51 Airbus has issued Service Bulletin A320–57–1028, Revision 02, dated June 3, 2013. The service information describes procedures for an inspection to detect cracks of the pressurized floor fittings at FR 36, renewal of the zone protective finish, and replacement of fittings with new fittings. Airbus has also issued Service Bulletin A320–57–1029, Revision 02, dated June 16, 1999. The service information describes procedures for modification of the pressurized floor fittings at FR 36. 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. 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 the same type design. Costs of Compliance We estimate that this proposed AD affects 13 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Inspection ................. 11 work-hours × $85 per hour = $935 per inspection cycle. 85 work-hours × $85 per hour = $7,225 ..... Modification ............... We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. mstockstill on DSK30JT082PROD with PROPOSALS 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 VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 Parts cost Cost per product $0 5,320 $935 per inspection cycle. 12,545 ....................... 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 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Cost on U.S. operators $12,155 per inspection cycle. 163,085. 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2016–02–01, Amendment 39–18380 (81 FR 4878, January 28, 2016), and adding the following new AD: ■ Airbus: Docket No. FAA–2017–0716; Product Identifier 2016–NM–165–AD. (a) Comments Due Date We must receive comments by September 29, 2017. (b) Affected ADs This AD replaces AD 2016–02–01, Amendment 39–18380 (81 FR 4878, January 28, 2016) (‘‘AD 2016–02–01’’). E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules inspections required by paragraph (g) of this AD for the modified airplane only. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Reason This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. We are proposing this AD to prevent fatigue cracking in the pressurized floor fittings at frame 36, which could result in the reduced structural integrity of the floor fittings and subsequent depressurization of the fuselage. (f) Compliance Comply with this AD within the compliance times specified, unless already done. mstockstill on DSK30JT082PROD with PROPOSALS (g) Inspection (1) At the latest of the times specified in paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD: Do a detailed inspection of the pressurized floor fittings at FR 36, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 57–1028, Revision 02, dated June 3, 2013. Repeat the inspection thereafter at intervals not to exceed 9,300 flight cycles or 18,600 flight hours, whichever occurs first. (i) Before exceeding 20,900 flight cycles or 41,800 flight hours, whichever occurs first since first flight of the airplane. (ii) Within 9,300 flight cycles or 18,600 flight cycles since the most recent inspection accomplished in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–57–1028, Revision 02, dated June 3, 2013. (iii) Within 1,250 flight cycles or 2,500 flight hours after March 3, 2016 (the effective date of AD 2016–02–01), without exceeding 12,000 flight cycles since the most recent inspection accomplished in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–57–1028, Revision 02, dated June 3, 2013. (2) If any crack is found during any inspection required by paragraph (g)(1) of this AD: Before further flight, repair using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). (h) Modification Before exceeding 48,000 total flight cycles or 96,000 total flight hours, whichever occurs first since first flight of the airplane: Modify (replace aluminum fittings with titanium fittings) the pressurized floor fittings at FR 36, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 57–1029, Revision 02, dated June 16, 1999. Accomplishment of this modification is terminating action for the repetitive 16:14 Aug 14, 2017 Jkt 241001 For information on the availability of this material at the FAA, call 425–227–1221. (i) Credit for Previous Actions (c) Applicability This AD applies to Airbus Model A320– 211, –212, –214, and –231 airplanes, certificated in any category, manufacturer serial numbers up through 0104 inclusive. VerDate Sep<11>2014 38621 Issued in Renton, Washington, on July 28, 2017. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. (1) This paragraph provides credit for the inspection required by paragraph (g) of this AD, if that inspection was performed before the effective date of this AD using Airbus Service Bulletin A320–57–1028, dated August 12, 1991; or Revision 01, dated June 3, 2013. (2) This paragraph provides credit for the modification required by paragraph (h) of this AD, if that modification was performed before the effective date of this AD using Airbus Service Bulletin A320–57–1029, dated August 12, 1991; or Revision 01, dated November 10, 1992. [FR Doc. 2017–16569 Filed 8–14–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Staff, 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 (k)(2) of this AD. Information may be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov. 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: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the EASA; or Airbus’s DOA. If approved by the DOA, the approval must include the DOA-authorized signature. [Docket No. FAA–2017–0777; Product Identifier 2017–NM–050–AD] (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016–0181, dated September 13, 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–2017–0716. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425– 227–1405; fax 425–227–1149. (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 referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. ADDRESSES: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 RIN 2120–AA64 Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model SAAB 340B airplanes. This proposed AD was prompted by reports of natural stall events in icing conditions, without prior stall warnings. This proposed AD would require modifying the stall warning system, installing new stall warning computers, and activating the stall warning system. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by September 29, 2017. SUMMARY: 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 Saab AB, Saab ¨ Aeronautics, SE–581 88, Linkoping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; email E:\FR\FM\15AUP1.SGM 15AUP1

Agencies

[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38618-38621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16569]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0716; Product Identifier 2016-NM-165-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-02-

[[Page 38619]]

01, which applies to certain Airbus Model A320-211, -212, and -231 
airplanes. AD 2016-02-01 requires repetitive inspections to detect 
cracks of the pressurized floor fittings at a certain frame, and 
renewal of the zone protective finish or replacement of fittings with 
new fittings if necessary. AD 2016-02-01 also provides an optional 
modification that is terminating action for the repetitive inspections. 
Since we issued AD 2016-02-01, the manufacturer conducted an additional 
fatigue analysis of cracking of the pressurized floor fittings and 
determined that the optional modification should be a required action. 
This proposed AD would retain the requirements of AD 2016-02-01, and 
would require accomplishment of the modification. This proposed AD is 
intended to complete certain mandated programs intended to support the 
airplane reaching its limit of validity (LOV) of the engineering data 
that support the established structural maintenance program. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 29, 
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 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 Standards Branch, 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-2017-
0716; 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: Sanjay Ralhan, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0716; 
Product Identifier 2016-NM-165-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD based on 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 proposed AD.

Discussion

    As described in FAA Advisory Circular 120-104 (https://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs 
have been developed to support initiatives that will ensure the 
continued airworthiness of aging airplane structure. The last element 
of those initiatives is the requirement to establish a LOV of the 
engineering data that support the structural maintenance program under 
14 CFR 26.21. This proposed AD is the result of an assessment of the 
previously established programs by the design approval holder (DAH) 
during the process of establishing the LOV for the affected airplanes. 
The actions specified in this proposed AD are necessary to complete 
certain programs to ensure the continued airworthiness of aging 
airplane structure and to support an airplane reaching its LOV.
    On January 9, 2016, we issued AD 2016-02-01, Amendment 39-18380 (81 
FR 4878, January 28, 2016) (``AD 2016-02-01''), for certain Airbus 
Model A320-211, -212, and -231 airplanes. AD 2016-02-01 was prompted by 
an extended service goal analysis by the manufacturer, which revealed 
that the compliance times and repetitive inspection intervals to detect 
and correct fatigue cracking in the pressurized floor fittings at frame 
(FR) 36 should be reduced to meet the original design service goal. AD 
2016-02-01 requires repetitive visual inspections to detect cracks of 
the pressurized floor fittings at FR 36, and renewal of the zone 
protective finish or replacement of fittings with new fittings if 
necessary. AD 2016-02-01 also provides an optional terminating action 
for the repetitive inspections. We issued AD 2016-02-01 to detect and 
correct fatigue cracking in the pressurized floor fittings at FR 36, 
which could result in failure of a floor fitting and subsequent 
depressurization of the fuselage.
    Since we issued AD 2016-02-01, the manufacturer conducted an 
additional fatigue analysis to extend the service goal of the airplane 
and to meet the limit of validity requirements of the widespread 
fatigue damage (WFD) regulations. Also, the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Union, has issued EASA Airworthiness Directive 2016-0181, 
dated September 13, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Airbus Model A320-211, -212, and -231 
airplanes. The MCAI states:

    During centre fuselage certification full scale fatigue testing, 
damage was found on the pressurized floor fittings at Frame (FR) 36, 
below the lower surface panel. This condition, if not detected and 
corrected, could affect the structural integrity of the aeroplane.
    To prevent such damage, Airbus developed modification 21282, 
which was introduced in production from MSN [manufacturer serial 
number] 0105, to reinforce the pressurized floor fitting lower 
surface by changing material. For affected in-service aeroplanes, 
Airbus issued Service Bulletin (SB) A320-57-1028, introducing 
repetitive inspections, and SB A320-57-1029, which provides 
modification instructions.
    DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] 
France issued AD 95-099-067 to require these repetitive inspections 
and, depending on findings, corrective action(s), while the 
modification was specified in that [French] AD as optional 
terminating action for these inspections.
    Following new analysis in the frame of Extended Service Goal 
exercise, the

[[Page 38620]]

inspection thresholds and intervals were revised to meet the 
original Design Service Goal. Consequently, EASA issued AD 2013-0226 
[which corresponds to FAA AD 2016-02-01 (81 FR 4878, January 28, 
2016)] to retain the requirements of DGAC France AD 95-099-067, 
which was superseded, but required those actions within reduced 
compliance times.
    Since that [EASA] AD was issued, in the frame of Widespread 
Fatigue Damages analysis, the situation has been reassessed and it 
has been decided to reclassify the modification, still stated as 
`optional' terminating action in EASA AD 2013-0226, to the status 
`mandatory'.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2013-0226, which is superseded, but requires 
embodiment of the modification as specified in Airbus SB A320-57-
1029.

    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-2017-
0716.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-57-1028, Revision 02, dated 
June 3, 2013. The service information describes procedures for an 
inspection to detect cracks of the pressurized floor fittings at FR 36, 
renewal of the zone protective finish, and replacement of fittings with 
new fittings.
    Airbus has also issued Service Bulletin A320-57-1029, Revision 02, 
dated June 16, 1999. The service information describes procedures for 
modification of the pressurized floor fittings at FR 36.
    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.

FAA's Determination and Requirements of This Proposed AD

    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 the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 13 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                         Labor cost            Parts cost       Cost per product                 Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.........................  11 work-hours x $85 per                  $0  $935 per inspection     $12,155 per inspection cycle.
                                      hour = $935 per inspection                   cycle.
                                      cycle.
Modification.......................  85 work-hours x $85 per               5,320  12,545................  163,085.
                                      hour = $7,225.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
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.
    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 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) 
2016-02-01, Amendment 39-18380 (81 FR 4878, January 28, 2016), and 
adding the following new AD:

Airbus: Docket No. FAA-2017-0716; Product Identifier 2016-NM-165-AD.

(a) Comments Due Date

    We must receive comments by September 29, 2017.

(b) Affected ADs

    This AD replaces AD 2016-02-01, Amendment 39-18380 (81 FR 4878, 
January 28, 2016) (``AD 2016-02-01'').

[[Page 38621]]

(c) Applicability

    This AD applies to Airbus Model A320-211, -212, -214, and -231 
airplanes, certificated in any category, manufacturer serial numbers 
up through 0104 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This proposed AD is intended to complete certain mandated 
programs intended to support the airplane reaching its limit of 
validity (LOV) of the engineering data that support the established 
structural maintenance program. We are proposing this AD to prevent 
fatigue cracking in the pressurized floor fittings at frame 36, 
which could result in the reduced structural integrity of the floor 
fittings and subsequent depressurization of the fuselage.

(f) Compliance

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

(g) Inspection

    (1) At the latest of the times specified in paragraphs 
(g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD: Do a detailed 
inspection of the pressurized floor fittings at FR 36, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-57-1028, Revision 02, dated June 3, 2013. Repeat the inspection 
thereafter at intervals not to exceed 9,300 flight cycles or 18,600 
flight hours, whichever occurs first.
    (i) Before exceeding 20,900 flight cycles or 41,800 flight 
hours, whichever occurs first since first flight of the airplane.
    (ii) Within 9,300 flight cycles or 18,600 flight cycles since 
the most recent inspection accomplished in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1028, 
Revision 02, dated June 3, 2013.
    (iii) Within 1,250 flight cycles or 2,500 flight hours after 
March 3, 2016 (the effective date of AD 2016-02-01), without 
exceeding 12,000 flight cycles since the most recent inspection 
accomplished in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-57-1028, Revision 02, dated June 3, 
2013.
    (2) If any crack is found during any inspection required by 
paragraph (g)(1) of this AD: Before further flight, repair using a 
method approved by the Manager, International Section, Transport 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus's EASA Design Organization Approval (DOA).

(h) Modification

    Before exceeding 48,000 total flight cycles or 96,000 total 
flight hours, whichever occurs first since first flight of the 
airplane: Modify (replace aluminum fittings with titanium fittings) 
the pressurized floor fittings at FR 36, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1029, 
Revision 02, dated June 16, 1999. Accomplishment of this 
modification is terminating action for the repetitive inspections 
required by paragraph (g) of this AD for the modified airplane only.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the inspection required 
by paragraph (g) of this AD, if that inspection was performed before 
the effective date of this AD using Airbus Service Bulletin A320-57-
1028, dated August 12, 1991; or Revision 01, dated June 3, 2013.
    (2) This paragraph provides credit for the modification required 
by paragraph (h) of this AD, if that modification was performed 
before the effective date of this AD using Airbus Service Bulletin 
A320-57-1029, dated August 12, 1991; or Revision 01, dated November 
10, 1992.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Staff, 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 (k)(2) of this AD. Information 
may be emailed to 9-ANM-116-AMOC-REQUESTS@faa.gov. 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: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or the EASA; or Airbus's DOA. If approved by the DOA, 
the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0181, dated September 13, 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-2017-0716.
    (2) For more information about this AD, contact Sanjay Ralhan, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
425-227-1405; fax 425-227-1149.
    (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 referenced service information at 
the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-16569 Filed 8-14-17; 8:45 am]
 BILLING CODE 4910-13-P
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