[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48485-48487]
[FR Doc No: 2021-18702]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

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

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

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

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0334.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0334; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

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

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

Comments

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

Support for the NPRM

    United Airlines indicated its support for the NPRM.

Request To Use a Certain Approval Forms

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

Conclusion

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0280 describes procedures for doing repetitive
external general visual inspections or special detailed inspections
(i.e., phased array ultrasonic technology inspections of the external
skin, or detailed inspections for primer/paint cracks and high
frequency eddy current inspections of the internal skin) at the LH and
RH sides of the fuselage skin, above stringer 6 from FR35 to FR47, for
any cracking, and repair if necessary. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

Costs of Compliance

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

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

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:

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

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

(a) Effective Date

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

(b) Affected ADs

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

(c) Applicability

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

(d) Subject

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

(e) Reason

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

(f) Compliance

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

(g) Requirements

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

(h) Exceptions to EASA AD 2020-0280

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

(i) No Reporting Requirement

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

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0280,
dated December 14, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0280, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0334.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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


[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25796-25797]
[FR Doc No: E9-12423]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From the
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR Part 236, as detailed below.
    Docket Number FRA-2009-0037.
    Applicant: Norfolk Southern Corporation, Mr. B. L. Sykes, Chief
Engineer C&S Engineering, Communications & Signal Department,

1200 Peachtree Street, N.E.--Box 123, Atlanta, Georgia 30309.
    The Norfolk Southern Corporation (NS) request a waiver pertaining
to the use of a device for automated execution of certain FRA required
tests made at interlockings and control points on the NS system.
    The reasons given for the proposed waiver is to permit NS to use
the automated test system, known as the InterTest[reg] system, for
subject testing in lieu of tests being performed manually, as well as
to permit use of electronic signature for documentation and storage of
results of tests performed during two year and in service testing.
    The InterTest[reg] system is a processor-based system that performs
testing by electronically exercising the inputs to the interlocking and
control point locking circuitry in a manner which replicates that done
by humans during a manual test. The interlocking tester consists of
three subsystems that are tied together by a central control computer.
    NS proposes to use the automated tester to make the following FRA
required 2-year tests: 49 CFR 236.378--Time Locking; 49 CFR 236.379--
Route Locking; 49 CFR 236.380--Indication Locking;
    NS proposes to use the automated tester to make the following in
service tests: 49 CFR 236.201--Track circuit control of signals; 49 CFR
236.202--Signal governing movements over hand- operated switch; 49 CFR
236.204--Track signaled for movements in both directions, requirements;
49 CFR 236.402--Signals controlled by track circuits and control
operator; 49 CFR 236.403--Signals at control point; 49 CFR 236.404--
Signal at adjacent control points; 49 CFR 236.405--Track signaled for
movements in both directions, change of direction of traffic; 49 CFR
236.107--Ground Tests; and to create and maintain records of tests
according to 49 CFR 236.110--Results of tests.
    Any interested party desiring to protest the granting of an
application shall set forth specifically the grounds upon which the
protest is made, and include a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral
hearing. However, if a specific request for an oral hearing is
accompanied by a showing that the party is unable to adequately present
his or her position by written statements, an application may be set
for public hearing.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0037) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.--5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC; on May 22, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-12423 Filed 5-28-09; 8:45 am]
BILLING CODE 4910-06-P