[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Rules and Regulations]
[Pages 37272-37274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14791]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-95-AD; Amendment 39-11782; AD 2000-12-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, and A321 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Airbus Model A320 series airplanes, that 
currently requires an initial inspection of fastener holes on certain 
outer frames of the fuselage to detect fatigue cracking, and 
modification of the area by cold expanding the holes and installing 
oversized fasteners. This amendment requires revising the applicability 
to include additional airplanes; a high frequency eddy current 
inspection to detect fatigue cracking in the frames and frame feet at 
fuselage frames FR37 through FR41; and follow-on actions. This 
amendment also provides for an optional terminating action for the 
follow-on 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 prevent fatigue cracking of the fuselage frames and frame 
feet, and consequent reduced structural integrity of the fuselage.

DATES: Effective July 19, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 19, 2000.

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

[[Page 37273]]

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) by superseding AD 97-11-01, 
amendment 39-10030 (62 FR 28324, May 23, 1997), which is applicable to 
certain Airbus Model A320 series airplanes, was published in the 
Federal Register on April 5, 2000 (65 FR 17824). The action proposed to 
require an HFEC inspection to detect fatigue cracking in the frames and 
frame feet of left and right fuselage frames FR37 through FR41; and 
follow-on actions. The action proposed to revise the applicability to 
include additional airplanes. The action also proposed to allow for an 
optional terminating action for the follow-on repetitive inspections.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposal

    One commenter concurs with the content of the proposed AD. Another 
commenter is not affected by the proposed AD and thus has no objection 
to its issuance.

Request To Allow Flight With Known Cracks

    One commenter, an operator, requests that the proposed AD be 
revised to allow continued service with cracks of the frame footing or 
frame segment for 500 flight cycles, as allowed in Airbus Service 
Bulletin A320-53-1141, Revision 01, dated October 4, 1999. The 
commenter states that the proposed AD does not allow such relief, and 
this added restriction may impact its operations.
    The FAA does not concur. It is the FAA's policy to require repair 
of known cracks prior to further flight (the FAA may make exceptions to 
this policy in certain cases of unusual need). 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 the FAA recognizes that 
repair deferrals may be necessary at times, the FAA 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. Exceptions may be made to this policy in certain cases, if 
there is an unusual need for a temporary deferral, such as legitimate 
difficulty in acquiring parts to accomplish repairs. However, since the 
FAA is not aware of any unusual need for repair deferral in regard to 
this AD, no change is made to the final rule.

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 as proposed.

Cost Impact

    There are approximately 198 airplanes of U.S. registry that will be 
affected by this AD.
    The new HFEC inspection that is required by this new AD will take 
approximately 2 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the requirements of this AD on U.S. operators is estimated to 
be $23,760, or $120 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 rather than continue the repetitive inspections, it would take 
between 297 and 316 work hours per airplane to accomplish the 
inspection and modification, at an average labor rate of $60 per work 
hour. Required parts would cost between $40 and $5,290 per airplane. 
Based on these figures, the cost impact of this optional terminating 
action is estimated to be between $17,860 and $24,250 per airplane.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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 removing amendment 39-10030 (62 FR 
28324, May 23, 1997), and by adding a new airworthiness directive (AD), 
amendment 39-11782, to read as follows:

2000-12-04  Airbus Industrie: Amendment 39-11782. Docket 99-NM-95-
AD. Supersedes AD 97-11-01, Amendment 39-10030.

    Applicability: Model A319, A320, and A321 series airplanes, 
certificated in any category; except those on which Airbus 
Modification 25896, 25592, or 25593, or Airbus Service Bulletin 
A320-53-1128, Revision 01, dated October 4, 1999, has been 
accomplished.

    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 (g) 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 prevent fatigue cracking of the fuselage frames and frame 
feet, and consequent reduced structural integrity of the fuselage, 
accomplish the following:


[[Page 37274]]



Inspection

    (a) Perform a high frequency eddy current (HFEC) inspection to 
detect fatigue cracks in the frames and frame feet at fuselage 
frames FR37 through FR41, adjacent to stringer 23, at the time 
specified in paragraph (a)(1), (a)(2), or (a)(3), as applicable; in 
accordance with Airbus Service Bulletin A320-53-1141, Revision 01, 
dated October 4, 1999.
    (1) For Configuration 01 airplanes, as identified in Airbus 
Service Bulletin A320-53-1141: Within 3,500 flight cycles after the 
effective date of this AD.
    (2) For Configuration 02 airplanes, as identified in Airbus 
Service Bulletin A320-53-1141: Within 16,000 flight cycles after 
accomplishment of Airbus Service Bulletin A320-53-1025, Revision 1, 
dated November 24, 1994, or within 3,500 flight cycles after the 
effective date of this AD, whichever occurs later.
    (3) For Configurations 03, 04, and 05 airplanes, as identified 
in Airbus Service Bulletin A320-53-1141: Prior to the accumulation 
of 20,000 total flight cycles, or within 3,500 flight cycles after 
the effective date of this AD, whichever occurs later.

Repetitive Inspections or Corrective Action(s)

    (b) For Configuration 01 airplanes: If no crack is detected 
during the HFEC inspection required by paragraph (a) of this AD, 
accomplish the action specified in either paragraph (b)(1) or (b)(2) 
of this AD.
    (1) Repeat the HFEC inspection required by paragraph (a) of this 
AD thereafter at intervals not to exceed 3,500 flight cycles until 
accomplishment of paragraph (f) of this AD. Or
    (2) Prior to further flight, modify each fastener hole of the 
outer frame flanges of left and right fuselage frames FR37 through 
FR41, adjacent to stringer 23, in accordance with Airbus Service 
Bulletin A320-53-1141, Revision 01, dated October 4, 1999. Within 
16,000 flight cycles after accomplishment of this modification, and 
thereafter at intervals not to exceed 3,500 flight cycles, repeat 
the HFEC inspection required by paragraph (a) of this AD until 
accomplishment of paragraph (f) of this AD.


    Note 2: Airbus Service Bulletin A320-53-1141, Revision 01, dated 
October 4, 1999, references Airbus Service Bulletin A320-53-1025, 
Revision 1, dated November 24, 1994, as an additional source of 
information for accomplishing the modification required by paragraph 
(b)(2) of this AD.


    Note 3: Accomplishment of the modification in accordance with 
Airbus Service Bulletin A320-53-1125, dated August 5, 1994, prior to 
the effective date of this AD, is considered acceptable for 
compliance with the modification requirements of paragraph (b)(2) of 
this AD.

    (c) For Configurations 02, 03, 04, and 05 airplanes: If no crack 
is detected during the inspection required by paragraph (a) of this 
AD, repeat the HFEC inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 3,500 flight cycles until 
accomplishment of paragraph (f) of this AD.
    (d) If any crack less than 0.20 inches (5.0 mm) in length is 
detected during any HFEC inspection required by this AD, prior to 
further flight, accomplish the actions specified in either paragraph 
(d)(1) or (d)(2) of this AD.
    (1) Repair in accordance with Airbus Service Bulletin A320-53-
1141, Revision 01, dated October 4, 1999. Repeat the HFEC inspection 
required by paragraph (a) of this AD thereafter at intervals not to 
exceed 3,500 flight cycles. Or
    (2) Accomplish the actions specified in paragraph (f) of this 
AD.
    (e) If any crack is 0.20 inches (5.0 mm) or greater in length, 
or if more than one crack per frame side is detected during any HFEC 
inspection required by this AD, prior to further flight, 
simultaneously accomplish the actions specified in paragraphs (e)(1) 
and (e)(2) of this AD.
    (1) Replace the frame segment and/or frame foot with a new frame 
segment or frame foot in accordance with Airbus Service Bulletin 
A320-53-1141, Revision 01, dated October 4, 1999. And
    (2) Accomplish the actions specified in paragraph (f) of this 
AD.

Optional Terminating Action

    (f) Modification of the frames and frame feet area at fuselage 
frames FR37 through FR41 (including the rotating probe eddy current 
inspection to detect cracks, fastener hole repair, installation of 
doublers on each frame, cold working of specified fastener holes, 
installation of new fasteners in the cold-worked holes, and 
installation of new modified system brackets), as applicable, in 
accordance with Airbus Service Bulletin A320-53-1128, Revision 01, 
including Appendix 01, dated October 4, 1999, constitutes 
terminating action for the requirements of this AD.

    Note 4: Accomplishment of the modification in accordance with 
Airbus Service Bulletin A320-53-1128, including Appendix 01, dated 
October 3, 1997, prior to the effective date of this AD, is 
considered acceptable for compliance with the modification 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance

    (g) 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, 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 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (h) 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.

Incorporation by Reference

    (i) The actions shall be done in accordance with Airbus Service 
Bulletin A320-53-1141, Revision 01, dated October 4, 1999. 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 6: The subject of this AD is addressed in French 
airworthiness directive 98-509-123(B), dated December 16, 1998.

    (j) This amendment becomes effective on July 19, 2000.

    Issued in Renton, Washington, on June 6, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-14791 Filed 6-13-00; 8:45 am]
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