[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Rules and Regulations]
[Pages 17906-17909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7354]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-17-AD; Amendment 39-13559; AD 2004-07-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321-111, -112, and -131 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD); applicable to certain Airbus Model A321-111, -112, and -131 
series airplanes; that currently requires repetitive inspections to 
detect fatigue cracking in the area surrounding certain attachment 
holes of the forward pintle fittings of the main landing gear (MLG) and 
the actuating cylinder anchorage fittings on the inner rear spar; and 
repair, if necessary. The existing AD also provides for optional 
terminating action for the repetitive inspections. This amendment 
revises the inspection threshold and repetitive intervals for the 
currently required repetitive inspections. The actions specified in 
this AD are intended to detect and correct fatigue cracking on the 
inner rear spar of the wings, which could result in reduced structural 
integrity of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective April 21, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of April 21, 2004.
    The incorporation by reference of Airbus Service Bulletin A320-57-
1101, dated July 24, 1997, as listed in the regulations, was approved 
previously by the Director of the Federal Register as of December 18, 
1998 (63 FR 66753, December 3, 1998).
    Comments for inclusion in the Rules Docket must be received on or 
before May 6, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-17-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. 2002-NM-17-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 this AD 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; 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: On November 25, 1998, the FAA issued AD 98-
25-05, amendment 39-10928 (63 FR 66753, December 3, 1998); applicable 
to certain Airbus Model A321-111, -112, and -131 series airplanes; to 
require repetitive inspections to detect fatigue cracking in the area 
surrounding certain attachment holes of the forward pintle fittings of 
the main landing gear (MLG) and the actuating cylinder anchorage 
fittings on the inner rear spar; and repair, if necessary. That AD also 
provides for optional terminating action for the repetitive 
inspections. That action was prompted by issuance of mandatory 
continuing airworthiness information by a civil airworthiness 
authority. The actions required by that AD are intended to detect and 
correct fatigue cracking on the inner rear spar of the wings, which 
could result in reduced structural integrity of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, Airbus has carried out a survey of 
the family fleet of Model A320 airplanes (which includes Model A321 
series airplanes). The results of this survey indicate that the weight 
of fuel at landing and mean flight duration for in-service airplanes 
are higher than the figures defined for the analysis of fatigue-related 
tasks. These findings have led to an adjustment of the A320 family 
reference fatigue mission.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1101, Revision 02, dated 
October 25, 2001. (The existing AD refers to the original issue of that 
service bulletin, dated July 24, 1997, as the acceptable source of 
service information for the actions required by that AD.) The 
procedures in Revision 02 are the same as those in Revision 01. 
However, per the survey results described previously, the recommended 
inspection thresholds and intervals for the inspections have been 
revised to be expressed in terms of both flight cycles and flight 
hours. Accomplishment of the actions specified in the service bulletin 
is intended to adequately address the identified unsafe condition. The 
Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is 
the airworthiness authority for France, classified this service 
bulletin as mandatory and issued French airworthiness directive 2001-
633(B), dated December 26, 2001, to ensure the continued airworthiness 
of these airplanes in France.

FAA's Conclusions

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the

[[Page 17907]]

DGAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD supersedes AD 98-25-05 to continue to 
require repetitive inspections to detect fatigue cracking in the area 
surrounding certain attachment holes of the forward pintle fittings of 
the MLG and the actuating cylinder anchorage fittings on the inner rear 
spar; and repair, if necessary. The AD also continues to provide 
optional terminating action for the repetitive inspections. This AD 
revises the initial inspection threshold to express it in terms of both 
flight cycles and flight hours, and reduces the repetitive inspection 
intervals. The actions are required to be accomplished in accordance 
with the service bulletin described previously, except as discussed 
below.
    Operators should note that, in consonance with the findings of the 
DGAC, we have determined that the repetitive inspections required by 
this AD can be allowed to continue in lieu of accomplishment of a 
terminating action. In making this determination, we consider that, in 
this case, long-term continued operational safety will be adequately 
assured by accomplishing the repetitive inspections to detect cracking 
before it represents a hazard to the airplane.

Differences Between AD and Referenced Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of cracking 
conditions in the area surrounding certain attachment holes of the 
forward pintle fittings of the MLG, this AD requires the repair of the 
fatigue cracking to be accomplished in accordance with a method 
approved by either us or the DGAC (or its delegated agent). In light of 
the type of repair that will be required to address the identified 
unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, we have determined that, for this AD, a 
repair approved by either us or the DGAC is acceptable for compliance 
with this AD.
    Operators also should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
submitting a comment sheet related to service bulletin quality and a 
sheet recording compliance with the service bulletin, this AD does not 
require those actions. We do not need this information from operators.

Explanation of Changes to Part 39

    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 (AMOC). Because we have now included this material in part 
39, only the office authorized to approve AMOCs is identified in each 
individual AD. Therefore, paragraph (d) and Note 1 of AD 98-25-05 are 
not included in this AD, and paragraph (c) of AD 98-25-05 has been 
revised and included as paragraph (f) of this AD.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    The new requirements of this AD add no additional economic burden. 
The current costs for this AD are repeated for the convenience of 
affected operators, as follows:
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 20 work hours to 
accomplish the required actions, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of this AD would be 
$1,300 per airplane.
    Should an operator elect to accomplish the optional terminating 
action that is provided by this AD action, it would take approximately 
520 work hours to accomplish, at an average labor rate of $65 per work 
hour. The cost of required parts would be approximately $17,540 per 
airplane. Based on these figures, the cost impact of the optional 
terminating action would be $51,340 per airplane.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-17-AD.'' The postcard will be date stamped and 
returned to the commenter.

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

[[Page 17908]]

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

0
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

0
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]

0
2. Section 39.13 is amended by removing amendment 39-10928 (63 FR 
66753, December 3, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-13559, to read as follows:

2004-07-15 Airbus: Amendment 39-13559. Docket 2002-NM-17-AD. 
Supersedes AD 98-25-05, Amendment 39-10928.

    Applicability: Model A321-111, -112, and -131 series airplanes; 
except those on which Airbus Modification 24977 has been 
accomplished during production, or on which Airbus Modification 
26010 has been accomplished; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct fatigue cracking on the inner rear spar of 
the wings, which could result in reduced structural integrity of the 
airplane, accomplish the following:

Requirements of AD 98-25-05

Repetitive Inspections and Corrective Actions

    (a) Prior to the accumulation of 20,000 total flight cycles, or 
within 120 days after December 18, 1998 (the effective date of AD 
98-25-05, amendment 39-10928), whichever occurs later, perform an 
ultrasonic inspection to detect fatigue cracking in the area 
surrounding certain attachment holes of the forward pintle fittings 
of the main landing gear (MLG) and the actuating cylinder anchorage 
fittings on the inner rear spar, in accordance with Airbus Service 
Bulletin A320-57-1101, dated July 24, 1997; or Revision 02, dated 
October 25, 2001.
    (1) If no cracking is detected, prior to further flight, repair 
the sealant in the inspected areas and repeat the ultrasonic 
inspections thereafter at intervals not to exceed 7,700 flight 
cycles, until paragraph (b) or (d) of this AD is accomplished.
    (2) If any cracking is detected, prior to further flight, repair 
in accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Direction Generale de l'Aviation Civile (DGAC) (or its 
delegated agent).

Optional Terminating Action

    (b) Accomplishment of visual and eddy current inspections to 
detect cracking in the area surrounding certain attachment holes of 
the forward pintle fittings of the MLG and the actuating cylinder 
anchorage fittings on the inner rear spar; follow-on corrective 
actions, as applicable; and rework of the attachment holes; in 
accordance with Airbus Service Bulletin A320-57-1100, dated July 28, 
1997, constitutes terminating action for the repetitive inspection 
requirements of this AD. If any cracking is detected during 
accomplishment of any inspection described in the service bulletin, 
and the service bulletin specifies to contact Airbus for appropriate 
action: Prior to further flight, repair in accordance with a method 
approved by either the Manager, International Branch, ANM-116, or 
the DGAC (or its delegated agent).

New Requirements of This AD

Repetitive Inspections for Airplanes Not Previously Inspected Per 
Paragraph (a)

    (c) For airplanes on which the initial inspection required by 
paragraph (a) of this AD has not been accomplished as of the 
effective date of this AD: Accomplish the inspection required by 
paragraph (a) of this AD, at the earlier of the times specified in 
paragraphs (c)(1) and (c)(2) of this AD. If no cracking is found, 
repeat the inspection thereafter at intervals not to exceed 5,500 
flight cycles or 10,200 flight hours, whichever occurs first, until 
paragraph (b) of this AD is accomplished. Accomplishment of this 
paragraph eliminates the need to accomplish repetitive inspections 
at the intervals required by paragraph (a)(1) of this AD.
    (1) Prior to the accumulation of 20,000 total flight cycles.
    (2) Prior to the accumulation of 37,300 total flight hours, or 
within 120 days after the effective date of this AD, whichever 
occurs later.

Repetitive Inspections for Airplanes Previously Inspected Per 
Paragraph (a)

    (d) For airplanes on which the initial inspection required by 
paragraph (a) of this AD has been accomplished as of the effective 
date of this AD, and no cracking was found: Do the next inspection 
at the earlier of the times specified in paragraphs (d)(1) or (d)(2) 
of this AD, and repeat the inspection thereafter at intervals not to 
exceed 5,500 flight cycles or 10,200 flight hours, whichever occurs 
first, until paragraph (b) of this AD is accomplished. 
Accomplishment of this paragraph terminates the repetitive 
inspections required by paragraph (a)(1) of this AD.
    (1) Within 7,700 flight cycles since the most recent inspection.
    (2) At the later of the times specified in paragraph (d)(2)(i) 
or (d)(2)(ii) of this AD:
    (i) Within 5,500 flight cycles or 10,200 flight hours since the 
most recent inspection, whichever occurs first.
    (ii) Within 120 days after the effective date of this AD.

Repair

    (e) If any cracking is detected during any inspection required 
by paragraph (c) or (d) of this AD: Prior to further flight, repair 
in accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Direction Generale de l'Aviation Civile (DGAC) (or its 
delegated agent).

No Reporting Requirement

    (f) Although Airbus Service Bulletin A320-57-1101, Revision 02, 
dated October 25, 2001, specifies to submit certain information to 
the manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance

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

Incorporation by Reference

    (h) Unless otherwise provided by this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A320-57-1101, dated 
July 24, 1997; or Airbus Service Bulletin A320-57-1101, Revision 02, 
dated October 25, 2001.
    (1) The incorporation by reference of Airbus Service Bulletin 
A320-57-1101, Revision 02, dated October 25, 2001; is approved by 
the Director of the Federal Register, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Airbus Service Bulletin 
A320-57-1101, dated July 24, 1997; was approved previously by the 
Director of the Federal Register as of December 18, 1998 (63 FR 
66753, December 3, 1998).
    (3) Copies may be obtained from Airbus, 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 1: The subject of this AD is addressed in French 
airworthiness directive 2001-633(B), dated December 26, 2001.

Effective Date

    (h) This amendment becomes effective on April 21, 2004.


[[Page 17909]]


    Issued in Renton, Washington, on March 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7354 Filed 4-5-04; 8:45 am]
BILLING CODE 4910-13-P