[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Proposed Rules]
[Pages 18304-18306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7890]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-135-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320-200 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A319 
and A320-200 series airplanes, that currently requires repetitive 
inspections to detect loose, missing, or discrepant rivets in specified 
areas of the door frames of the overwing emergency exits, and 
corrective action if necessary. That AD also requires measurement of 
the grip length of all rivets in the specified areas, and corrective 
action if necessary, which terminates the repetitive inspections. This 
new action would add an inspection for correct dimensions of the 
interior countersinks of the rivet holes, and related corrective 
action. The actions specified by the proposed AD are intended to 
prevent loose, missing, or discrepant rivets, which could lead to 
reduced structural integrity of the door frames of the overwing 
emergency exits. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by May 7, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-135-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. 2003-NM-135-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: 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:

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 2003-NM-135-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, ANM-114, Attention: Rules 
Docket No. 2003-NM-135-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On February 21, 2002, the FAA issued AD 2002-04-10, amendment 39-
12667 (67 FR 9392, March 1, 2002), applicable to certain Airbus Model 
A319 and A320-200 series airplanes, to require repetitive inspections 
to detect loose or missing rivets in specified areas of the door frames 
of the overwing emergency exits, and corrective action if necessary. 
That AD also requires measurement of the grip length of all rivets in 
the specified areas, and corrective action if necessary, which 
terminates the repetitive inspections. That action was prompted by 
mandatory continuing airworthiness information from a foreign 
airworthiness authority. The requirements of that AD are intended to 
detect and correct loose, missing, or discrepant rivets, which could 
lead to reduced structural integrity of the overwing emergency exit 
door frames.

[[Page 18305]]

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2002-04-10, the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, has informed us of the cancellation of French airworthiness 
directive 2001-241(B), dated June 27, 2001, which was referenced in AD 
2002-04-10. The DGAC mandated an inspection program to detect loose, 
missing, or discrepant rivets and verify the grip length of affected 
rivets. During accomplishment of the inspection required by AD 2002-04-
10, one operator reported that some of the interior courtersinks did 
not meet design requirements, which could affect the structural 
integrity of the airplane. Therefore, the DGAC has issued French 
airworthiness directive 2003-147(B) R1, dated May 14, 2003, to require 
a supplemental inspection program to measure affected interior 
countersinks of the rivet holes.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1147, Revision 02, 
including Appendix 01, dated December 3, 2002. Revision 02 is similar 
to the original issue of the service bulletin (which was referenced in 
the existing AD for accomplishment of the specified actions), but adds 
work for airplanes which have been inspected per the original issue. 
Revision 02 describes additional procedures for a detailed visual 
inspection for correct dimensions of the interior countersinks of the 
rivet holes, and related corrective action. The related corrective 
action includes rework of any interior countersink with an incorrect 
dimension to the correct dimension, and installation of a new rivet 
with the correct grip length.
    Airbus also has issued Service Bulletin A320-53-1147, Revision 03, 
including Appendix 01, dated August 5, 2003. Revision 03 merely notes 
minor changes to French airworthiness directive 2003-147(B), dated 
April 26, 2003, by issuance of French airworthiness directive 2003-
147(B) R1, dated May 14, 2003 (which is referenced in the proposed AD, 
as specified below).
    The DGAC classified this service bulletin as mandatory and issued 
French airworthiness directive 2003-147(B) R1, dated May 14, 2003, 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 
section 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 us informed of the 
situation described above. We have examined the findings of the 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 Proposed AD

    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, the proposed AD would supersede AD 2002-04-10 to 
continue to require repetitive inspections to detect loose, missing, or 
discrepant rivets in specified areas of the door frames of the overwing 
emergency exits and corrective action if necessary. This proposed AD 
also continues to require measurement of the grip length of all rivets 
in the specified areas, and corrective action if necessary, which 
terminates the repetitive inspections. In addition, the proposed AD 
adds an inspection for correct dimensions of the interior countersinks, 
and related corrective action. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously, except as discussed below.

Difference Between Proposed Rule and Service Bulletin

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain repair conditions, this 
proposal would require operators to repair those conditions per a 
method approved by either the FAA or the DGAC (or its delegated agent). 
In light of the type of repair that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair 
approved by either the FAA or the DGAC would be acceptable for 
compliance with this proposed AD.

Explanation of Change Made to Existing Requirements

    We have changed all references to a ``detailed visual inspection'' 
in the existing AD to ``detailed inspection'' in this proposed AD. We 
also have revised Note 1 to define the detailed inspection.

Explanation of Compliance Time

    Although we normally require that any corrective action be done 
before further flight, we have determined that the potential for 
reduced structural integrity of the door frame is very low if the 
dimension of an interior countersink is incorrect. Thus, we have 
determined that the corrective action may be deferred until 1,000 
flight cycles after accomplishment of the inspection required by 
paragraph (e) of this AD, as recommended in the service bulletin. Such 
deferral will not adversely affect safety.

Work Hour Rate Increase

    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.

Cost Impact

    There are approximately 168 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The inspections that are currently required by AD 2002-04-10 take 
about 1 work hour per airplane to do, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the currently 
required inspections is estimated to be $65 per airplane, per 
inspection cycle.
    The new inspection that is proposed in this AD action would take 
about 1 work hour per airplane to do, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the new 
inspection proposed by this AD on U.S. operators is estimated to be 
$10,920, or $65 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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

[[Page 18306]]

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 removing amendment 39-12667 (67 FR 
9392, March 1, 2002), and by adding a new airworthiness directive (AD), 
to read as follows:

Airbus: Docket 2003-NM-135-AD. Supersedes AD 2002-04-10, Amendment 
39-12667.

    Applicability: Model A319 series airplanes and A320-200 series 
airplanes; certificated in any category; as listed in Airbus Service 
Bulletin A320-53-1147, dated September 22, 2000; Revision 02, dated 
December 3, 2002; or Revision 03, dated August 5, 2003.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loose, missing, or discrepant rivets in specified 
areas of the door frames of the overwing emergency exits, which 
could lead to reduced structural integrity of the door frames, 
accomplish the following:

Restatement of Requirements of AD 2002-04-10

Repetitive Inspections

    (a) Within 3,500 flight cycles after April 5, 2002 (the 
effective date of AD 2002-04-10, amendment 39-12667): Conduct a 
detailed inspection of the specified areas of the door frames of the 
overwing emergency exits for loose, missing, or discrepant rivets, 
in accordance with Part B and Figure 5 of the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1147, dated 
September 22, 2000; Revision 02, dated December 3, 2002; or Revision 
03, dated August 5, 2003. If no loose, missing, or discrepant rivets 
are found, repeat the inspection at intervals not to exceed 3,500 
flight cycles until the requirements of paragraph (d) have been 
accomplished. As of the effective date of this AD, only Revision 02 
or Revision 03 of the service bulletin may be used.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Corrective Action

    (b) If the inspection required by paragraph (a) of this AD 
reveals that there are loose, missing, or discrepant rivets: Prior 
to further flight, accomplish the requirements of either paragraph 
(b)(1) or (b)(2) of this AD, in accordance with Part C and Figure 5 
of the Accomplishment Instructions of Airbus Service Bulletin A320-
53-1147, dated September 22, 2000; Revision 02, dated December 3, 
2002; or Revision 03, dated August 5, 2003. As of the effective date 
of this AD, only Revision 02 or Revision 03 of the service bulletin 
may be used.
    (1) Measure the grip length of all rivets in the specified areas 
in which the loose, missing, or discrepant rivets were detected and 
perform corrective action (e.g., inspecting rivet holes for cracks, 
opening up rivet holes, repairing cracks at rivet holes, and 
installing new rivets) as applicable, per the service bulletin; 
except as specified in paragraph (c) of this AD. Repeat the detailed 
visual inspection required by paragraph (a) of this AD at intervals 
not to exceed 3,500 flight cycles until the requirements of 
paragraph (d) of this AD have been accomplished.
    (2) Measure the grip length of all rivets in all specified areas 
and perform corrective action (e.g., inspecting rivet holes for 
cracks, opening up rivet holes, repairing cracks at rivet holes, and 
installing new rivets) as applicable, per the service bulletin; 
except as specified in paragraph (c) of this AD.
    (c) If Airbus Service Bulletin A320-53-1147, dated September 22, 
2000; Revision 02, dated December 3, 2002; or Revision 03, dated 
August 5, 2003; recommends contacting the manufacturer for 
instructions concerning certain repairs, perform those repairs in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, or by the 
Direction Generale de l'Aviation Civile or its delegated agent.

Terminating Action

    (d) Prior to the accumulation of 24,000 total flight cycles or 
within 3,500 flight cycles after April 5, 2002, whichever occurs 
later: Accomplish the requirements of paragraph (b)(2) of this AD, 
which constitutes terminating action for the requirements specified 
in paragraphs (a) and (b) of this AD.

New Requirements of This AD

Inspection of Interior Countersinks/Corrective Action

    (e) Prior to the accumulation of 24,000 total flight cycles or 
within 3,500 flight cycles after the effective date of this AD, 
whichever occurs later: Do a detailed inspection for correct 
dimensions of the interior countersinks of the rivet holes of the 
door frames of the overwing emergency exits; and any related 
corrective action; per the Accomplishment Instructions of Airbus 
Service Bulletin A320-53-1147, Revision 02, including Appendix 01, 
dated December 3, 2002; or Revision 03, including Appendix 01, dated 
August 5, 2003. Do any related corrective action within 1,000 flight 
cycles after doing the inspection.

Alternative Methods of Compliance

    (f)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, is authorized to approve alternative 
methods of compliance for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2002-04-10, amendment 39-12667, are approved as alternative 
methods of compliance with paragraphs (a) and (b) of this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2003-147(B) R1, dated May 14, 2003.


    Issued in Renton, Washington, on March 30, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7890 Filed 4-6-04; 8:45 am]
BILLING CODE 4910-13-P