[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Rules and Regulations]
[Pages 50506-50508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25149]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-20-AD; Amendment 39-10792; AD 98-20-26]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320-111, -211, and -231 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320-111, -211, and -231 series 
airplanes, that requires repetitive inspections to detect missing or 
cracked bolts and fittings of the frame-to-pressure-floor connection; 
and corrective actions, if necessary. This amendment also provides for 
optional terminating action for the repetitive inspections of the 
affected fittings. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this AD are intended to detect and 
correct fatigue cracking in the bolts and fittings of the frame-to-
pressure-floor connection, which could result in reduced structural 
integrity of the airplane.

DATES: Effective October 27, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 27, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation

[[Page 50507]]

Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A320-111, -
211, and -231 series airplanes was published in the Federal Register on 
April 14, 1998 (63 FR 18153). That action proposed to require 
repetitive inspections to detect missing or cracked bolts and fittings 
of the frame-to-pressure-floor connection; and corrective actions, if 
necessary. That action also proposed to provide for optional 
terminating action for the repetitive inspections of the affected 
fittings.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule.

Request To Allow Flight With Known Cracks

    One commenter requests that the FAA allow flight of the airplane 
with known cracks. The commenter states that the structure of Airbus 
Model A320 series airplanes is classified as damage tolerant. The 
commenter also states that it has defined a certain number of flights 
that allows continued operation with a cracked or broken part, 
depending on the measured crack length and number of cracked bolts 
detected.
    The FAA does not concur with the commenter's request to allow 
flight of an airplane with known cracks. It is the FAA's policy to 
require repair of known cracks prior to further flight, except in 
certain cases of unusual need (discussed below). This policy is based 
on the fact that such damaged airplanes do not conform to the FAA 
certificated type design, and therefore, are not airworthy until a 
properly approved repair is incorporated. While recognizing that repair 
deferrals may be necessary at times, the FAA's policy is intended to 
minimize adverse human factors relating to the lack of reliability of 
long-term repetitive inspections, which may reduce the safety of the 
type certificated design if such repair deferrals are practiced 
routinely.
    Additionally, the FAA's policy applies to airplanes certificated to 
damage tolerance evaluation regulations as well as those not so 
certificated. The FAA finds that the commenter's statement that ``the 
Airbus Model A320 airplane structure is classified as damage tolerant'' 
is not relevant to the application of the FAA's policy in this regard.
    The FAA's policy regarding flight with known cracks does allow 
deferral of repairs in certain cases, if there is an unusual need for a 
temporary deferral. Unusual needs include, among other things, such 
circumstances as legitimate difficulty in acquiring parts to accomplish 
repairs. Under such conditions, the FAA may allow temporary deferral of 
the repair, subject to a stringent inspection program acceptable to the 
FAA. However, since the FAA is not aware of any unusual need for repair 
deferral in regard to this AD, the FAA finds that the compliance times 
specified in the final rule are adequate to allow operators to acquire 
parts to have on hand in the event that a crack is detected during an 
inspection. Therefore, the FAA has determined that, due to safety 
implications and consequences associated with such cracking, any 
subject bolt or fitting that is found to be cracked or broken must be 
repaired or modified prior to further flight. No change to the final 
rule is necessary.

Request To Reference Earlier Airbus Service Bulletins as 
Terminating Action

    One commenter requests that the proposed AD be revised to reference 
Airbus Service Bulletin A320-53-1015, dated December 12, 1995, and 
Revision 1, dated July 25, 1995, as additional sources of service 
information for accomplishment of the optional terminating action. The 
FAA concurs. The FAA finds that the procedures specified in the earlier 
revisions of the subject service bulletin are essentially identical to 
those specified in Revision 02 of the service bulletin (which was 
referenced in the NPRM as the appropriate source of service information 
for accomplishment of the optional terminating action). Therefore, the 
FAA has revised the final rule to include a new NOTE to specify that 
reinforcement of the fitting prior to the effective date of this AD, in 
accordance with the earlier revisions of the subject service bulletin, 
is considered acceptable for compliance with the reinforcement 
specified in paragraphs (a)(2) and (b) of this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 5 Model A320-111, -211, and -231 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 9 work hours per airplane to accomplish the required 
inspection, and that the average labor rate is $60 per work hour. Based 
on these figures, the cost impact of the inspection required by this AD 
on U.S. operators is estimated to be $2,700, or $540 per airplane, per 
inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    Should an operator elect to accomplish the optional terminating 
action that is provided by this AD action, it would take approximately 
119 work hours to accomplish it, at an average labor rate of $60 per 
work hour. The cost of required parts would be approximately $12,920 
per airplane. Based on these figures, the cost impact of the optional 
terminating action would be $20,060 per airplane.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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

[[Page 50508]]

Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-20-26  Airbus Industrie: Amendment 39-10792. Docket 98-NM-20-AD.

    Applicability: Model A320-111, -211, and -231 series airplanes; 
as listed in Airbus Service Bulletin A320-53-1083, Revision 2, dated 
August 28, 1997; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking in the bolts and fittings 
of the frame-to-pressure-floor connection, which could result in 
reduced structural integrity of the airplane, accomplish the 
following:
    (a) Prior to the accumulation of 20,000 total flight cycles, or 
within 60 days after the effective date of this AD, whichever occurs 
later, perform a detailed visual inspection to detect cracked or 
missing bolts and fittings of the frame-to-pressure-floor connection 
at frames 43 and 44, in accordance with Airbus Service Bulletin 
A320-53-1083, Revision 2, dated August 28, 1997. If no crack is 
detected, repeat the detailed visual inspection thereafter at 
intervals not to exceed 5,100 flight cycles.
    (1) If any bolt is found to be cracked or missing during any 
inspection required by paragraph (a) of this AD, prior to further 
flight, replace the bolt with a new bolt in accordance with the 
service bulletin. Repeat the detailed visual inspection thereafter 
at intervals not to exceed 5,100 flight cycles.
    (2) If any fitting is found to be cracked during any inspection 
required by paragraph (a) of this AD, prior to further flight, 
accomplish the actions specified in paragraph (b) of this AD for the 
cracked fitting and its corresponding bolts and fuselage frame, in 
accordance with Airbus Service Bulletin A320-53-1015, Revision 02, 
dated July 17, 1997.
    (b) Reinforcement of the fitting in accordance with Airbus 
Service Bulletin A320-53-1015, Revision 02, dated July 17, 1997, 
constitutes terminating action for the requirements of this AD for 
the affected fitting.

    Note 2: Reinforcement of the fitting accomplished prior to the 
effective date of this AD in accordance with Airbus Service Bulletin 
A320-53-1015, dated December 12, 1995, or Revision 1, dated July 25, 
1995, is considered acceptable for compliance with the reinforcement 
specified in paragraphs (a)(2) and (b) of this AD.

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
International Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) The inspections shall be done in accordance with Airbus 
Service Bulletin A320-53-1083, Revision 2, dated August 28, 1997. 
The reinforcement, if accomplished, shall be done in accordance with 
Airbus Service Bulletin A320-53-1015, Revision 02, dated July 17, 
1997. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 4: The subject of this AD is addressed in French 
airworthiness directive 97-316-110(B), dated October 22, 1997.

    (f) This amendment becomes effective on October 27, 1998.

    Issued in Renton, Washington, on September 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-25149 Filed 9-21-98; 8:45 am]
BILLING CODE 4910-13-U