[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1114-1116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-182]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-357-AD; Amendment 39-10987; AD 99-01-19]
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 (Rules Docket No. 98-NM-08-AD) 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
[[Page 1115]]
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 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
requirements in Rules Docket No. 98-NM-08-AD, the FAA has determined
that there is no need to issue notices of proposed 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 31 airplanes of U.S. registry will be
affected by this AD.
It will take approximately 19 work hours per airplane to accomplish
the required visual inspection on the outboard flanges, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the visual inspection required by this AD on U.S. operators
is estimated to be $35,340, or $1,140 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 A320-53-1031 that is
provided by this AD action, it would take approximately 1 work hour
(excluding access and closeup) per fastener hole to accomplish it, at
an average labor rate of $60 per work hour. The cost of required parts
would be approximately $4,047 (for one modification kit). Based on
these figures, the cost impact of that optional terminating action
would be a minimum of $4,107 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:
99-01-19 Airbus Industrie: Amendment 39-10987. Docket 98-NM-357-AD.
Applicability: Model A320 series airplanes on which Airbus
Modification 21346 (reference Airbus Service Bulletin A320-53-1031,
dated December 9, 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
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.
[[Page 1116]]
To detect and correct fatigue cracking of the fuselage, which
could result in reduced structural integrity of the airplane,
accomplish the following:
(a) For airplanes that have accumulated 20,000 or more total
flight cycles as of the effective date of this AD: 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 a
visual inspection to detect cracking on the outboard flanges around
the fastener holes of frames 38 to 41, between stringers 12 and 21,
in accordance with Airbus Service Bulletin A320-53-1032, Revision 1,
dated January 15, 1998. Thereafter, repeat the visual 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.
Accomplishment of a repair in accordance with the service bulletin
terminates the repetitive inspection requirements for the area
repaired.
(b) If any crack is found during any inspection required by
paragraph (a) of this AD, and the service bulletin specifies to
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 21346 in accordance
with Airbus Service Bulletin A320-53-1031, dated December 9, 1994,
prior to the accumulation of 20,000 total flight cycles 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 A320-53-1032, Revision 1, dated January 15, 1998.
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 97-313-107(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. 99-182 Filed 1-7-99; 8:45 am]
BILLING CODE 4910-13-P