[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Rules and Regulations]
[Pages 56748-56750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-256-AD; Amendment 39-12873; AD 2002-18-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 and A321 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 and A321 series airplanes, that 
requires an inspection to detect trapped water in the elevator sandwich 
structure, reprotection of the elevator, and corrective actions if 
necessary. This action is necessary to prevent damage caused by water 
ingress into the elevator, which could lead to debonding of the 
elevator skins and degradation of the initial protection, and 
consequent reduced structural integrity of the airplane. This action is 
intended to address the identified unsafe condition.

[[Page 56749]]


DATES: Effective October 10, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 10, 2002.

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 and A321 
series airplanes was published in the Federal Register on February 22, 
2002 (67 FR 8212). That action proposed to require an inspection to 
detect trapped water in the elevator sandwich structure, reprotection 
of the elevator, and corrective actions if necessary.

Comments

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

Request To Extend Compliance Time

    One commenter requests that the proposed AD be revised to extend 
the compliance time threshold for the inspection from the proposed 18 
months to 24 months. The commenter states that the proposed compliance 
time is not adequate to support a fleet campaign without operators 
requiring additional spare units at a cost of approximately $360,000 
per set. The commenter estimates a total turnaround time for obtaining 
each elevator set at an average of 35 days. The commenter notes that 
the current requirements of the Maintenance Review Board Report (MRBR) 
for elevators are general visual inspections every 24 months and 
special detailed inspections every 60 months. The commenter concludes 
that a compliance time of 24 months would accommodate its fleet during 
scheduled maintenance visits without additional spares expense and 
would be within the safety guidelines of the MRBR.
    The FAA does not agree with the commenter's request. In developing 
an appropriate compliance time for this AD, we considered not only the 
safety implications, but the manufacturer's recommendations, the French 
airworthiness authority's recommendations, the availability of spare 
parts, and the practical aspect of accomplishing the inspection within 
an interval of time that parallels normal scheduled maintenance for 
affected operators. In consideration of all of these factors, we have 
determined that the compliance time, as proposed, represents an 
appropriate interval in which the inspection can be accomplished in a 
timely manner within the fleet and still maintain an adequate level of 
safety. However, under the provisions of paragraph (c) of the final 
rule, we may approve requests for adjustments to the compliance time if 
data are submitted to substantiate that such an adjustment would 
provide an acceptable level of safety. No change to the final rule is 
necessary in this regard.

Request to Revise Cost Impact Estimate

    One commenter states that the cost estimate presented in the 
preamble to the proposed AD is understated and does not include the 
cost of repairs for unit shop visits. The commenter also states the 
cost of these repairs would increase the per airplane estimate to 
approximately $75,000.
    From this comment, we infer that the commenter is requesting that 
the cost impact estimate be revised. We do not agree. The economic 
analysis of the AD is limited only to the cost of actions actually 
required by the rule. It does not consider the costs of ``on 
condition'' actions, such as repairing a crack if one is detected 
during a required inspection (``repair, if necessary''). Such ``on-
condition'' repairs actions would be required to be accomplished--
regardless of AD direction--in order to correct an unsafe condition 
identified in an airplane and to ensure operation of that airplane in 
an airworthy condition, as required by the Federal Aviation 
Regulations. Therefore, no change to the final rule is necessary in the 
regard.

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

    The FAA estimates that 91 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 52 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $283,920, or $3,120 per 
airplane.
    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

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:

[[Page 56750]]

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:

2002-18-01 Airbus: Amendment 39-12873. Docket 2001-NM-256-AD.

    Applicability: Model A320 and A321 series airplanes, 
certificated in any category; having elevator part and serial 
numbers listed in Airbus Service Bulletin A320-55-1024, dated 
January 13, 1999; excluding those modified per Airbus Modification 
23558.

    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 (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 prevent damage caused by water ingress into the elevator, 
which could lead to debonding of the elevator skins and degradation 
of the initial protection and consequent reduced structural 
integrity of the airplane, accomplish the following:

Inspection and Follow-on/Corrective Actions

    (a) Within 18 months after the effective date of this AD, or 
within 10 years after the date of manufacture of the airplane, 
whichever occurs later: Perform a thermographic inspection to detect 
trapped water in the elevator sandwich structure, in accordance with 
Airbus Service Bulletin A320-55-1024, dated January 13, 1999.
    (1) If no water is detected: Before further flight, reprotect 
the elevator in accordance with the service bulletin.
    (2) If any water is detected: Before further flight, evaluate 
the damage, perform applicable repair of any damaged area, and 
reprotect the elevator, in accordance with the service bulletin. If 
any damage is detected for which the service bulletin specifies to 
contact Airbus for appropriate action: Before further flight, repair 
in accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (or its delegated 
agent).

    Note 2: Airbus Service Bulletin A320-55-1024 refers to Airbus 
Service Bulletin A320-55-1022, Revision 01, dated March 30, 2001, as 
an additional source of service information for enlarging the 
drainage holes in the elevator.

Spares

    (b) As of the effective date of this AD, no person may install 
on any airplane an elevator having a part number and serial number 
listed in Airbus Service Bulletin A320-55-1024, dated January 13, 
1999, unless the requirements of this AD have been accomplished on 
that elevator.

Alternative Methods of Compliance

    (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. 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.

Special Flight Permits

    (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.

Incorporation by Reference

    (e) Unless otherwise indicated in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A320-55-1024, dated 
January 13, 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 4: The subject of this AD is addressed in French 
airworthiness directive 2001-062(B), dated February 21, 2001.

Effective Date

    (f) This amendment becomes effective on October 10, 2002.

    Issued in Renton, Washington, on August 26, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-22175 Filed 9-4-02; 8:45 am]
BILLING CODE 4910-13-P