Airworthiness Directives; Airbus Airplanes, 58110-58113 [2017-26260]
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0622; Product
Identifier 2016–NM–192–AD; Amendment
39–19120; AD 2017–25–06]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A318 and A319 series
airplanes; Model A320–211, –212, –214,
–231, –232, and –233 airplanes; and
Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
This AD was prompted by reports of a
vertical strut penetrating through the
cabin floor during an emergency water
landing and on airframe ground contact
at certain speeds/accelerations. This AD
requires modification of the fuselage
structure at a certain frame. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 16,
2018.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of January 16, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Airbus, Airworthiness Office–EIAS, 1
Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone: +33 5
61 93 36 96; fax: +33 5 61 93 44 51;
email: 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.
It is also available on the Internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0622.
SUMMARY:
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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–
0622; 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
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contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone: 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone: 425–227–1405; fax: 425–
227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus Model A318 and
A319 series airplanes; Model A320–211,
–212, –214, –231, –232, and –233
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. The NPRM published in the
Federal Register on June 23, 2017 (82
FR 28596) (‘‘the NPRM’’). The NPRM
was prompted by reports of a vertical
strut penetrating through the cabin floor
during an emergency water landing and
on airframe ground contact at certain
speeds/accelerations. The NPRM
proposed to require modification of the
fuselage structure at frame (FR) 65. We
are issuing this AD to prevent the
central vertical strut at FR65 from
penetrating through the cabin floor in
certain conditions, which could lead to
injury of occupants and delays during
an emergency evacuation.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0212,
dated October 25, 2016 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Airbus Model A318 and
A319 series airplanes; Model A320–211,
–212, –214, –231, –232, and –233
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, and –232
airplanes. The MCAI states:
In service occurrences were reported
where, as a consequence [during an
emergency water landing and] of an airframe
ground contact above certified vertical speed/
vertical acceleration, the vertical strut at
Frame (FR) 65 penetrated through the cabin
floor.
This condition, if not corrected, could lead
to injury of occupants and/or delays during
emergency evacuation.
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To address this potential unsafe condition,
Airbus developed mod 153724, a structural
change which prevents the central vertical
strut at FR65 to pass through the cabin floor,
and issued Service Bulletin (SB) A320–53–
1262 to provide instructions for installation
of this modification on aeroplanes in service.
After SB A320–53–1262 was issued, incorrect
MSN [manufacturer serial number]
allocations and configuration definitions
were identified in it. Consequently Airbus
revised that SB, and in addition issued SB
A320–53–1333 and SB A320–53–1334.
For the reason described above, this
[EASA] AD requires modification of the
fuselage structure at FR65.
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–
0622.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request for Different Method of
Compliance for Foam Tape
United Airlines (UAL) requested that
we include an exception to allow the
use of a different foam tape that better
meets the needs of its fleet. UAL
mentioned that the purpose of the tape
is to reduce vibration and prevent
chafing from the floor panels, and that
the location is considered a ‘‘wet’’ area
of the aft cabin that is susceptible to
corrosion. UAL also stated that the tape
specified does not meet its corrosion
prevention and control program (CPCP)
standards, and that the tape can retain
moisture and may not adequately seal
between the floor panel and floor
support structure. UAL indicated that
protecting the floor beams from
moisture ingress has been an ongoing
effort on its fleet through the CPCP
committee and that due to corrosion
reports UAL uses a different foam tape
on all floor support structure in the
cabin ‘‘wet’’ areas. UAL pointed out that
it has benefited from superior corrosion
protection due to using the different
foam tape and stressed its continual
commitment to monitoring and
evaluating new products and
procedures for the aft cabin ‘‘wet’’ areas.
UAL also requested that we provide
an exception to the ‘‘RC’’ (Required for
Compliance) specification associated
with installation of the foam tape.
We agree to include an exception for
the reasons provided. We have added
paragraph (h), ‘‘Service Information
Exceptions,’’ to this AD and
redesignated subsequent paragraphs
accordingly. In paragraph (h)(1) of this
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AD, we added an exception for using an
alternative foam tape, in accordance
with a method approved by the
Manager, International Section,
Transport Standards Branch, FAA; or
EASA; or Airbus’s EASA Design
Organization Approval (DOA).
Request for Exception for Placard
Installation at FR65
UAL also requested that we provide
an exception to the ‘‘RC’’ specification
associated with installation of the
placard. UAL concurred with marking
of modification areas to prevent demodification, but uses a different
method (marking AD areas when there
is high risk of de-modification, and
denoting the applicable Engineering
Authorization and/or AD). UAL stated
that marking the modification area in
accordance with the service information
does not bring awareness to technicians
and that the service information may
not be readily available for reference.
Additionally, UAL pointed out that
because the modification is a complex
alteration which cannot be easily
returned to the original configuration, it
considers the modification to be low
risk of de-modification. UAL also
pointed out that Airbus has identified
illustrated parts catalog (IPC) and
structural repair manual (SRM)
publications affected in the specified
service information and that the IPC
changes will identify the proper
configuration between pre- and postmodification accomplishment. UAL
mentioned that excepting the placard
marking on FR65 from the ‘‘RC’’
requirement will allow operators (if they
choose) to mark their applicable
Engineering Authorization and/or AD
instead and that applying the placard
does not affect the technical intent of
the modification.
We agree to include an exception for
the reasons provided. In paragraph
(h)(2) of this AD, we added an exception
to specify that the referenced placard
installation is not required by this AD.
Request To Refer to Later Revisions of
the Service Information
American Airlines (AAL) requested
that we delay issuance of the final rule
until the manufacturer can release
Revision 02 (we referred to Revision 01
in the NPRM) of Airbus Service Bulletin
A320–53–1262. AAL pointed out that
Revision 02 of Airbus Service Bulletin
A320–53–1262 is expected to address
certain discrepancies found during
validation of the service information.
UAL also requested that we verify that
the required service information
specified in the NPRM is at the latest
revision level to prevent alternative
method of compliance (AMOC) requests
immediately following publication of
the final rule.
We have verified that the required
service information specified in this AD
is at the latest revision level. We do not
consider that delaying this action until
release of the planned service
information is warranted, since Revision
02 of Airbus Service Bulletin A320–53–
1262 is not yet approved and we cannot
allow future revisions of service
information in this AD. Additionally,
AAL did not provide any further details
associated with the discrepancies
discovered during validation. We have
determined that using Revision 01 of
Airbus Service Bulletin A320–53–1262
adequately addresses the identified
unsafe condition. However, under the
provisions of paragraph (i)(1) of this AD,
we will consider requests for approval
of an AMOC to allow the use of
Revision 02 of Airbus Service Bulletin
A320–53–1262 after issuance of the
updated service information. We have
not changed this AD in this regard.
Conclusion
We reviewed the relevant data,
considered the comments received, and
58111
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Related Service Information Under 1
CFR Part 51
Airbus has issued the following
Airbus service information:
• Airbus Service Bulletin A320–53–
1262, excluding Appendix 01 and
including Appendix 02, Revision 01,
dated July 29, 2016;
• Airbus Service Bulletin A320–53–
1333, excluding Appendix 01 and
including Appendix 02, dated July 29,
2016; and
• Airbus Service Bulletin A320–53–
1334, excluding Appendix 01 and
including Appendixes 02 and 03, dated
July 29, 2016.
The service information describes
procedures for modifying the fuselage
structure at FR65. These documents are
distinct since they apply to different
airplane configurations. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 1,123
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Modification ............................
18 work-hours × $85 per hour = $1,530 ................................
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
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Parts cost
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
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$16,600
Cost per
product
$18,130
Cost on U.S.
operators
$20,359,990
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
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of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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 adding
the following new airworthiness
directive (AD):
■
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2017–25–06 Airbus: Amendment 39–19120;
Docket No. FAA–2017–0622; Product
Identifier 2016–NM–192–AD.
(a) Effective Date
This AD is effective January 16, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified
in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4)
of this AD, certificated in any category, all
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manufacturer serial numbers, except those on
which Airbus Modification 153724 was
embodied in production.
(1) Airbus Model A318–111, –112, –121,
and –122 airplanes.
(2) Airbus Model A319–111, –112, –113,
–114, –115, –131, –132, and –133 airplanes.
(3) Airbus Model A320–211, –212, –214,
–231, –232, and –233 airplanes.
(4) Airbus Model A321–111, –112, –131,
–211, –212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of a
vertical strut penetrating through the cabin
floor during an emergency water landing and
on airframe ground contact at certain speeds/
accelerations. We are issuing this AD to
prevent the central vertical strut at frame (FR)
65 from penetrating through the cabin floor
in certain conditions, which could lead to
injury of occupants and delays during an
emergency evacuation.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Modification
Except as provided by paragraphs (h)(1)
and (h)(2) of this AD: Within 72 months after
the effective date of this AD, modify the
fuselage structure at FR65, in accordance
with the Accomplishment Instructions of the
applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD.
(1) For Model A318 and A319 series
airplanes; Model A320–211, –212, –214,
–231, –232, and –233 airplanes; and Model
A321–111, –112, –131, –211, –212, –213,
–231, and –232 airplanes, as identified in
Airbus Service Bulletin A320–53–1262,
Revision 01, dated July 29, 2016: Airbus
Service Bulletin A320–53–1262, excluding
Appendix 01 and including Appendix 02,
Revision 01, dated July 29, 2016.
(2) For Model A320–211, –212, –214, –232,
and –233 airplanes, as identified in Airbus
Service Bulletin A320–53–1333, dated July
29, 2016: Airbus Service Bulletin A320–53–
1333, excluding Appendix 01 and including
Appendix 02, dated July 29, 2016.
(3) For Model A321–211, –213, and –231
airplanes as identified in Airbus Service
Bulletin A320–53–1334, dated July 29, 2016:
Airbus Service Bulletin A320–53–1334,
excluding Appendix 01 and including
Appendixes 02 and 03, dated July 29, 2016.
(h) Service Information Exceptions
(1) Where the service bulletin specified in
paragraphs (g)(1), (g)(2), or (g)(3) of this AD
specifies to use ABS5006 foam tape on the
new floor support beam, this AD allows the
installation of an alternative foam tape, in
accordance with a method approved by the
Manager, International Section, Transport
Standards Branch, FAA; or the European
Aviation Safety Agency (EASA); or Airbus’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
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(2) Where the service bulletin specified in
paragraphs (g)(1), (g)(2), or (g)(3) of this AD
specifies to install a placard at FR65, that
placard installation is not required by this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (j)(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: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus’s EASA DOA. If approved by the
DOA, the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): Except
as specified in paragraph (h) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2016–0212, dated October 25, 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–2017–0622.
(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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
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(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A320–53–1262,
excluding Appendix 01 and including
Appendix 02, Revision 01, dated July 29,
2016.
(ii) Airbus Service Bulletin A320–53–1333,
excluding Appendix 01 and including
Appendix 02, dated July 29, 2016.
(iii) Airbus Service Bulletin A320–53–
1334, excluding Appendix 01 and including
Appendixes 02 and 03, dated July 29, 2016.
(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.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
November 16, 2017.
Chris Spangenberg,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–26260 Filed 12–8–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–1072]
Drawbridge Operation Regulation;
Columbia River, Vancouver, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe (BNSF) Railway
Bridge across the Columbia River, mile
105.6, at Vancouver, WA. The deviation
is necessary to accommodate
replacement gears, shafts and bearings.
This deviation allows the bridge to
remain in the closed-to-navigation
position during maintenance activities.
DATES: This deviation is effective from
7 a.m. on December 19, 2017 to 7 p.m.
on December 21, 2017.
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SUMMARY:
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Jkt 244001
The docket for this
deviation, USCG–2017–1072 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
BNSF
requested that the BNSF Swing Bridge
across the Columbia River, mile 105.6,
remain closed to marine vessel traffic to
install new swing gears, shafts and
bearings. During this installation period,
the swing span of the bridge will be in
the closed-to-navigation position;
however, the span may be opened for
maritime emergencies, when an hour’s
notice has been given, but any
emergency opening will necessitate a
time extension to the approved dates.
The BNSF Swing Bridge, mile 105.6,
provides 39 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position.
The subject bridge operates in
accordance with 33 CFR 117.5. This
deviation allows the swing span of the
BNSF Railway Bridge across the
Columbia River, mile 105.6, to remain
in the closed-to-navigation position, and
need not open for maritime traffic from
7 a.m. to 7 p.m. on December 19, 2017,
and 7 a.m. to 7 p.m. on December 21,
2017. The bridge shall operate in
accordance to 33 CFR 117.5 at all other
times. Waterway usage on this part of
the Columbia River includes vessels
ranging from large ships to commercial
tug and tow vessels to recreational
pleasure craft including cabin cruisers
and sailing vessels. Vessels able to pass
through the bridge in the closed-tonavigation position may do so at
anytime. The bridge will be able to open
for emergencies, if an hour’s notice is
given, and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
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58113
Dated: December 4, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–26573 Filed 12–8–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0986]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
New Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Lower
Mississippi River above Head of Passes
between mile marker (MM) 94.0 and
MM 95.0. This safety zone is needed to
protect personnel, vessels and the
marine environment from potential
hazards associated with a fireworks
display on January 6, 2018. This
rulemaking will prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Sector New Orleans (COTP) or a
designated representative.
DATES: This rule is effective from 8:30
p.m. through 9:30 p.m. on January 6,
2018.
SUMMARY:
Documents mentioned in
this preamble are part of docket USCG–
2017–0986. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Commander (LCDR) Howard K. Vacco,
Sector New Orleans, Waterways
Management Division Chief, U.S. Coast
Guard; telephone 504–365–2281, email
Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58110-58113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26260]
[[Page 58110]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0622; Product Identifier 2016-NM-192-AD; Amendment
39-19120; AD 2017-25-06]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. This AD was prompted by
reports of a vertical strut penetrating through the cabin floor during
an emergency water landing and on airframe ground contact at certain
speeds/accelerations. This AD requires modification of the fuselage
structure at a certain frame. We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 16, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 16,
2018.
ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email: [email protected];
Internet: 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. It is also available on the Internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2017-0622.
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-
0622; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone:
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1405; fax: 425-
227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A318
and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and
-233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. The NPRM published in the Federal Register on June
23, 2017 (82 FR 28596) (``the NPRM''). The NPRM was prompted by reports
of a vertical strut penetrating through the cabin floor during an
emergency water landing and on airframe ground contact at certain
speeds/accelerations. The NPRM proposed to require modification of the
fuselage structure at frame (FR) 65. We are issuing this AD to prevent
the central vertical strut at FR65 from penetrating through the cabin
floor in certain conditions, which could lead to injury of occupants
and delays during an emergency evacuation.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0212, dated October 25, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus Model A318 and A319
series airplanes; Model A320-211, -212, -214, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. The MCAI states:
In service occurrences were reported where, as a consequence
[during an emergency water landing and] of an airframe ground
contact above certified vertical speed/vertical acceleration, the
vertical strut at Frame (FR) 65 penetrated through the cabin floor.
This condition, if not corrected, could lead to injury of
occupants and/or delays during emergency evacuation.
To address this potential unsafe condition, Airbus developed mod
153724, a structural change which prevents the central vertical
strut at FR65 to pass through the cabin floor, and issued Service
Bulletin (SB) A320-53-1262 to provide instructions for installation
of this modification on aeroplanes in service. After SB A320-53-1262
was issued, incorrect MSN [manufacturer serial number] allocations
and configuration definitions were identified in it. Consequently
Airbus revised that SB, and in addition issued SB A320-53-1333 and
SB A320-53-1334.
For the reason described above, this [EASA] AD requires
modification of the fuselage structure at FR65.
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-
0622.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request for Different Method of Compliance for Foam Tape
United Airlines (UAL) requested that we include an exception to
allow the use of a different foam tape that better meets the needs of
its fleet. UAL mentioned that the purpose of the tape is to reduce
vibration and prevent chafing from the floor panels, and that the
location is considered a ``wet'' area of the aft cabin that is
susceptible to corrosion. UAL also stated that the tape specified does
not meet its corrosion prevention and control program (CPCP) standards,
and that the tape can retain moisture and may not adequately seal
between the floor panel and floor support structure. UAL indicated that
protecting the floor beams from moisture ingress has been an ongoing
effort on its fleet through the CPCP committee and that due to
corrosion reports UAL uses a different foam tape on all floor support
structure in the cabin ``wet'' areas. UAL pointed out that it has
benefited from superior corrosion protection due to using the different
foam tape and stressed its continual commitment to monitoring and
evaluating new products and procedures for the aft cabin ``wet'' areas.
UAL also requested that we provide an exception to the ``RC''
(Required for Compliance) specification associated with installation of
the foam tape.
We agree to include an exception for the reasons provided. We have
added paragraph (h), ``Service Information Exceptions,'' to this AD and
redesignated subsequent paragraphs accordingly. In paragraph (h)(1) of
this
[[Page 58111]]
AD, we added an exception for using an alternative foam tape, in
accordance with a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
Design Organization Approval (DOA).
Request for Exception for Placard Installation at FR65
UAL also requested that we provide an exception to the ``RC''
specification associated with installation of the placard. UAL
concurred with marking of modification areas to prevent de-
modification, but uses a different method (marking AD areas when there
is high risk of de-modification, and denoting the applicable
Engineering Authorization and/or AD). UAL stated that marking the
modification area in accordance with the service information does not
bring awareness to technicians and that the service information may not
be readily available for reference. Additionally, UAL pointed out that
because the modification is a complex alteration which cannot be easily
returned to the original configuration, it considers the modification
to be low risk of de-modification. UAL also pointed out that Airbus has
identified illustrated parts catalog (IPC) and structural repair manual
(SRM) publications affected in the specified service information and
that the IPC changes will identify the proper configuration between
pre- and post-modification accomplishment. UAL mentioned that excepting
the placard marking on FR65 from the ``RC'' requirement will allow
operators (if they choose) to mark their applicable Engineering
Authorization and/or AD instead and that applying the placard does not
affect the technical intent of the modification.
We agree to include an exception for the reasons provided. In
paragraph (h)(2) of this AD, we added an exception to specify that the
referenced placard installation is not required by this AD.
Request To Refer to Later Revisions of the Service Information
American Airlines (AAL) requested that we delay issuance of the
final rule until the manufacturer can release Revision 02 (we referred
to Revision 01 in the NPRM) of Airbus Service Bulletin A320-53-1262.
AAL pointed out that Revision 02 of Airbus Service Bulletin A320-53-
1262 is expected to address certain discrepancies found during
validation of the service information. UAL also requested that we
verify that the required service information specified in the NPRM is
at the latest revision level to prevent alternative method of
compliance (AMOC) requests immediately following publication of the
final rule.
We have verified that the required service information specified in
this AD is at the latest revision level. We do not consider that
delaying this action until release of the planned service information
is warranted, since Revision 02 of Airbus Service Bulletin A320-53-1262
is not yet approved and we cannot allow future revisions of service
information in this AD. Additionally, AAL did not provide any further
details associated with the discrepancies discovered during validation.
We have determined that using Revision 01 of Airbus Service Bulletin
A320-53-1262 adequately addresses the identified unsafe condition.
However, under the provisions of paragraph (i)(1) of this AD, we will
consider requests for approval of an AMOC to allow the use of Revision
02 of Airbus Service Bulletin A320-53-1262 after issuance of the
updated service information. We have not changed this AD in this
regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
Airbus has issued the following Airbus service information:
Airbus Service Bulletin A320-53-1262, excluding Appendix
01 and including Appendix 02, Revision 01, dated July 29, 2016;
Airbus Service Bulletin A320-53-1333, excluding Appendix
01 and including Appendix 02, dated July 29, 2016; and
Airbus Service Bulletin A320-53-1334, excluding Appendix
01 and including Appendixes 02 and 03, dated July 29, 2016.
The service information describes procedures for modifying the
fuselage structure at FR65. These documents are distinct since they
apply to different airplane configurations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 1,123 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Modification.......................... 18 work-hours x $85 per $16,600 $18,130 $20,359,990
hour = $1,530.
----------------------------------------------------------------------------------------------------------------
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
[[Page 58112]]
of ADs is normally a function of the Compliance and Airworthiness
Division, but during this transition period, the Executive Director has
delegated the authority to issue ADs applicable to transport category
airplanes to the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2017-25-06 Airbus: Amendment 39-19120; Docket No. FAA-2017-0622;
Product Identifier 2016-NM-192-AD.
(a) Effective Date
This AD is effective January 16, 2018.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any
category, all manufacturer serial numbers, except those on which
Airbus Modification 153724 was embodied in production.
(1) Airbus Model A318-111, -112, -121, and -122 airplanes.
(2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
(3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
(4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of a vertical strut penetrating
through the cabin floor during an emergency water landing and on
airframe ground contact at certain speeds/accelerations. We are
issuing this AD to prevent the central vertical strut at frame (FR)
65 from penetrating through the cabin floor in certain conditions,
which could lead to injury of occupants and delays during an
emergency evacuation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification
Except as provided by paragraphs (h)(1) and (h)(2) of this AD:
Within 72 months after the effective date of this AD, modify the
fuselage structure at FR65, in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD.
(1) For Model A318 and A319 series airplanes; Model A320-211, -
212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112,
-131, -211, -212, -213, -231, and -232 airplanes, as identified in
Airbus Service Bulletin A320-53-1262, Revision 01, dated July 29,
2016: Airbus Service Bulletin A320-53-1262, excluding Appendix 01
and including Appendix 02, Revision 01, dated July 29, 2016.
(2) For Model A320-211, -212, -214, -232, and -233 airplanes, as
identified in Airbus Service Bulletin A320-53-1333, dated July 29,
2016: Airbus Service Bulletin A320-53-1333, excluding Appendix 01
and including Appendix 02, dated July 29, 2016.
(3) For Model A321-211, -213, and -231 airplanes as identified
in Airbus Service Bulletin A320-53-1334, dated July 29, 2016: Airbus
Service Bulletin A320-53-1334, excluding Appendix 01 and including
Appendixes 02 and 03, dated July 29, 2016.
(h) Service Information Exceptions
(1) Where the service bulletin specified in paragraphs (g)(1),
(g)(2), or (g)(3) of this AD specifies to use ABS5006 foam tape on
the new floor support beam, this AD allows the installation of an
alternative foam tape, in accordance with a method approved by the
Manager, International Section, Transport Standards Branch, FAA; or
the European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(2) Where the service bulletin specified in paragraphs (g)(1),
(g)(2), or (g)(3) of this AD specifies to install a placard at FR65,
that placard installation is not required by this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(3) Required for Compliance (RC): Except as specified in
paragraph (h) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0212, dated October 25, 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-2017-0622.
(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.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
[[Page 58113]]
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A320-53-1262, excluding Appendix 01
and including Appendix 02, Revision 01, dated July 29, 2016.
(ii) Airbus Service Bulletin A320-53-1333, excluding Appendix 01
and including Appendix 02, dated July 29, 2016.
(iii) Airbus Service Bulletin A320-53-1334, excluding Appendix
01 and including Appendixes 02 and 03, dated July 29, 2016.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33
5 61 93 44 51; email: [email protected]; Internet:
https://www.airbus.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on November 16, 2017.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-26260 Filed 12-8-17; 8:45 am]
BILLING CODE 4910-13-P
