[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1118-1120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-179]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-08-AD; Amendment 39-10985; AD 99-01-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320 series airplanes, that requires 
repetitive inspections to detect fatigue cracking in certain areas of 
the fuselage; and corrective action, if necessary. This amendment also 
provides for an optional terminating action for the repetitive 
inspections. 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 of the fuselage, which could result in reduced 
structural integrity of the airplane.

DATES: Effective February 12, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 12, 1999.

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 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 all Airbus Model A320 series 
airplanes was published in the Federal Register on April 14, 1998 (63 
FR 18164). That action proposed to require repetitive inspections to 
detect fatigue cracking in certain areas of the fuselage; and 
corrective action, if necessary. That action also proposed to provide 
for an optional terminating action for the repetitive inspections.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Requests To Issue Separate Rulemaking Actions

    Two commenters support the intent of the proposed AD, but request 
that the FAA issue separate rulemaking actions for each inspection 
service bulletin referenced in the proposed AD and its associated 
modification service bulletin. One commenter states that it is 
concerned with the combination of three unrelated service bulletins 
being mandated by a single rulemaking action. The commenter states 
that, as the proposed AD is currently written, operators could 
erroneously determine the applicability and compliance times of the 
proposed AD. The commenter points out that the effectivity listing, 
repetitive inspection intervals, and affected areas are different in 
each of these service bulletins.
    The FAA concurs with the commenters' request to issue separate 
rulemaking actions. The FAA has determined to separate the required 
actions as follows:
    1. Rules Docket 98-NM-08-AD will address the actions associated 
with Airbus Service Bulletin A320-53-1034 and Airbus Service Bulletin 
A320-53-1033.
    2. Rules Docket 98-NM-356-AD will address the actions associated 
with Airbus Service Bulletin A320-53-1057

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and Airbus Service Bulletin A320-53-1056.
    3. Rules Docket 98-NM-357-AD will address the actions associated 
with Airbus Service Bulletin A320-53-1032 and Airbus Service Bulletin 
A320-53-1031.
    Because the public has already been given notice of the subject 
ments in Rules Docket No. 98-NM-08-AD, the FAA has determined that 
there is no need to issue notices of propose rulemaking (NPRM) for 
Rules Docket No.'s 98-NM-356-AD and 98-NM-357-AD. These two new 
rulemaking actions will be issued as final rules.

Request To Cite the Manufacturer's Serial Numbers in the 
Applicability Statement

    One commenter suggests that the FAA revise the applicability 
statement of the proposed AD to include the manufacturer's serial 
numbers (MSN) of the affected airplanes. Without the MSN's listed in 
the applicability, the commenter contends that operators, leasing 
groups, or other non-technical groups have difficulty evaluating any 
pending or applicable rulings against a specific aircraft serial 
number. The commenter states that such a revision would clearly 
identify the affected airplanes and would avoid any questions regarding 
the applicability of the rule.
    The FAA concurs partially with the commenter's request to include 
the MSN's. The FAA finds that listing the MSN's in the applicability 
statement of AD's may not be appropriate in all cases. In certain cases 
where a terminating modification is available, the applicability of an 
AD may be more accurately determined if operators check their 
maintenance records to verify if that particular modification has been 
accomplished. Such a check will better ensure that all airplanes 
subject to the identified unsafe condition of an AD have been correctly 
identified by operators. However, as discussed previously, the FAA has 
decided to issue three separate rulemaking actions. As a result, the 
FAA has revised the applicability statement of each of these final 
rules to accurately reflect what is specified in the appropriate French 
airworthiness directive, which in one case (Rules Docket No. 98-NM-356-
AD) necessitates listing MSN's.

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 24 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 6 work hours per airplane to accomplish 
the required ultrasonic inspection, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the ultrasonic 
inspection required by this AD on U.S. operators is estimated to be 
$8,640, or $360 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 specified in Airbus Service Bulletin A320-53-1033 that is 
provided by this AD action, it would take approximately 5 work hours to 
accomplish it, at an average labor rate of $60 per work hour. The cost 
of required parts would be approximately $72 per airplane. Based on 
these figures, the cost impact of that optional terminating action 
would be $372 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 
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:
99-01-17  Airbus Industrie: Amendment 39-10985. Docket 98-NM-08-AD.

    Applicability: Model A320 series airplanes on which Airbus 
Modification 21202 (reference Airbus Service Bulletin A320-53-1033, 
Revision 3, dated July 4, 1994) has not been accomplished, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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 of the fuselage, which 
could result in reduced structural integrity of the airplane, 
accomplish the following:
    (a) Prior to the accumulation of 30,000 total flight cycles, or 
within 6 months after the effective date of this AD, whichever 
occurs later, perform an ultrasonic inspection to detect cracking in 
the bottom panels of the keel beam (both left and right), in the 
area of the frame 46 and stringer 37 intersection at the pressure 
bulkhead, in accordance with Airbus Service Bulletin A320-53-1034, 
dated March 30, 1992. Thereafter, repeat the ultrasonic inspection 
at intervals not to exceed 6,000 flight cycles. If any crack is 
found, prior to further flight, repair in accordance with the 
service bulletin, except as provided by paragraph (b) of this AD.
    (b) If any crack is found during any inspection required by 
paragraph (a) of this AD, and the service bulletin specifies to

[[Page 1120]]

contact Airbus for appropriate action: Prior to further flight, 
repair in accordance with a method approved by the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate.
    (c) Accomplishment of Airbus Modification 21202 in accordance 
with Airbus Service Bulletin A320-53-1033, Revision 3, dated July 4, 
1994, constitutes terminating action for the repetitive inspection 
requirement of paragraph (a) of this AD.
    (d) 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, International Branch, ANM-116. 
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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (e) 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.
    (f) Except as provided by paragraph (b) of this AD, the 
inspections and repairs shall be done in accordance with Airbus 
Service Bulletin A320-53-1034, dated March 30, 1992. 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 3: The subject of this AD is addressed in French 
airworthiness directive 97-314-108(B), dated October 22, 1997.

    (g) This amendment becomes effective on February 12, 1999.

    Issued in Renton, Washington, on December 30, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-179 Filed 1-7-99; 8:45 am]
BILLING CODE 4910-13-U