[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Proposed Rules]
[Pages 11558-11560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5457]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-70-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to all Airbus Model A319, A320, and A321 
series airplanes, that would have required operators to revise the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness to incorporate service life limits for certain 
items and inspections to detect fatigue cracking, accidental damage, or 
corrosion in certain structures. This new action would require 
operators to revise the ALS of the Instructions for Continued 
Airworthiness to incorporate new and more restrictive service life 
limits for certain items, and new and more restrictive inspections to 
detect fatigue cracking, accidental damage, or corrosion in certain 
structures. The actions specified by this new proposed AD are intended 
to ensure the continued structural integrity of these airplanes. This 
action is intended to address the identified unsafe condition.

DATES: Comments must be received by April 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-70-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-70-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:

     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-70-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate,

[[Page 11559]]

ANM-114, Attention: Rules Docket No. 2000-NM-70-AD, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to all 
Airbus Model A319, A320, and A321 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on 
November 3, 2000 (65 FR 66197). That NPRM would have required operators 
to revise the Airworthiness Limitations section (ALS) of the 
Instructions for Continued Airworthiness to incorporate service life 
limits for certain items and inspections to detect fatigue cracking, 
accidental damage, or corrosion in certain structures. That NPRM was 
prompted by issuance of Revision 1 to section 9-1 (Life Limited/
Monitored Parts) of the Airbus Industrie A319/A320/A321 Maintenance 
Planning Document, which specifies new or more restrictive life limits. 
That NPRM was also prompted by issuance of Issue 3 of the Airbus 
Industrie Airworthiness Limitations Items (ALI) document AI/SE-M4/
95A.0252/96, dated May 27, 1999, which specifies new or more 
restrictive compliance times for structural inspection. Fatigue 
cracking, accidental damage, or corrosion in certain structure, if not 
corrected, could result in reduced structural integrity of the 
airplanes.

Actions Since Issuance of Previous Proposal

    Since issuance of the previous proposal, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has issued French airworthiness 
directives F-2004-018, dated February 4, 2004; and F-2004-032, dated 
February 18, 2004. These French ADs mandate Revision 6 the ALS of the 
Instructions for Continued Airworthiness, which introduces new and more 
restrictive life limits, and new and more restrictive inspections and 
inspection intervals.

Explanation of Relevant Service Information

    Airbus has issued Section 9-1, ``Life Limits/Monitored Parts,'' 
Revision 06, dated June 13, 2003, of Airbus A318/A319/A320/A321 
Maintenance Planning Document (MPD), which specifies new and more 
restrictive life limits for certain items. Airbus has also issued 
Section 9-2, ``Airworthiness Limitation Items,'' Revision 06, dated 
June 13, 2003, of the A318/A319/A320/A321 MPD; and Airbus A318/A319/
A320/A321 ALI document, AI/SE-M4/95A.0252/96, Issue 6, dated May 15, 
2003; which specify new and more restrictive inspections for 
significant structural items (SSIs). Accomplishment of the actions 
specified in these documents is intended to adequately address the 
identified unsafe condition.

Conclusion

    Since this proposed AD would mandate adherence to the new and more 
restrictive life limits, and new and more restrictive inspections; this 
proposed action would expand the scope of the earlier proposed AD. 
Therefore, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment.

Explanation of Change to Compliance Time

    We have changed the compliance time for revising the ALS of the 
Instructions for Continued Airworthiness from 30 days to 2 months. This 
change reflects the compliance time listed in French airworthiness 
directive F-2004-18, dated February 4, 2004, and in French 
airworthiness directive F-2004-032, dated February 18, 2004.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes (Sec.  25.1529 
of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section), all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
     Mandatory replacement times for structural 
components,
     Structural inspection intervals, and
     Related approved structural inspection 
procedures necessary to show compliance with the damage-tolerance 
requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to ADs that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD. Therefore, 
paragraph (d) and Note 1 of the original NPRM are not included in this 
supplemental NPRM, and paragraph (c) of the original NPRM has been 
revised and is included as paragraph (d) of this supplemental NPRM.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

[[Page 11560]]

Cost Impact

    There are approximately 605 airplanes of U.S. registry that would 
be affected by this proposed AD. It would take approximately 1 work 
hour per airplane to accomplish the proposed revision to the ALS, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$39,325, or $65 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Airbus: Docket 2000-NM-70-AD.

    Applicability: All Model A319, A320, and A321 series airplanes; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) For all airplanes: Within 2 months after the effective date 
of this AD, revise the Airworthiness Limitations Section (ALS) of 
the Instructions for Continued Airworthiness by incorporating into 
the ALS sub-Section 9-1-2, ``Life Limits/Monitored Parts,'' and sub-
Section 9-1-3, ``Demonstrated Fatigue Life Parts,'' both Revision 
06, dated June 13, 2003, of the Airbus A318/A319/A320/A321 
Maintenance Planning Document.
    (b) For all airplanes except Model A319 series airplanes on 
which Airbus Modification 28238, 28162, and 28342 was incorporated 
during production: Within 2 months after the effective date of this 
AD, revise the ALS of the Instructions for Continued Airworthiness 
by incorporating into the ALS sub-Section 9-2, ``Airworthiness 
Limitation Items,'' Revision 6, dated June 13, 2003, or the Airbus 
A318/A319/A320/A321 Maintenance Planning Document (MPD); and Airbus 
A318/A319/A320/A321 Airworthiness Limitation Items AI/SE-M4/
95A.0252/96, Issue 6, dated May 15, 2003 (approved by the Direction 
Generale de l'Aviation Civile (DGAC) on July 15, 2003).
    (c) Except as provided by paragraph (d) of this AD: After the 
actions specified in paragraphs (a) and (b) of this AD have been 
accomplished, no alternative life limits, inspections, or inspection 
intervals may be approved for the structural elements specified in 
the documents listed in paragraphs (a) and (b) of this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive F-2004-018, dated February 4, 2004; and in 
French airworthiness directive F-2004-032, dated February 18, 2004.


    Issued in Renton, Washington, on March 2, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5457 Filed 3-10-04; 8:45 am]
BILLING CODE 4910-13-P