[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41398-41401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15372]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-177-AD; Amendment 39-13718; AD 2004-14-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320-111, -211, -212, and 
-231 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 A320-111, -211, -212, and -231 
series airplanes, that currently requires repetitive inspections to 
detect fatigue cracking of the lower surface panel on the wing center 
box, and repair if necessary. That AD also requires modification of the 
lower surface panel on the wing center box, which constitutes 
terminating action for the repetitive inspections. This amendment 
reduces the compliance times for the inspections required by the 
existing AD. The actions specified by this AD are intended to prevent 
fatigue cracking of the lower surface panel on the wing center box, 
which could result in reduced structural integrity of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective August 13, 2004.
    The incorporation by reference of Airbus Service Bulletin A320-57-
1082, Revision 03, dated April 30, 2002; and Airbus Service Bulletin 
A320-57-1043, Revision 05, dated April 30, 2002; as listed in the 
regulations; is approved by the Director of the Federal Register as of 
August 13, 2004.
    The incorporation by reference of Airbus Service Bulletin A320-57-
1082, Revision 01, dated December 10, 1997; and Airbus Service Bulletin 
A320-57-1043, Revision 02, dated May 14, 1997; as listed in the 
regulations; was approved previously by the Director of the Federal 
Register as of November 27, 1998 (63 FR 56542, October 22, 1998).

ADDRESSES: 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 Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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) by superseding AD 98-22-05, 
amendment 39-10851 (63 FR 56542, October 22, 1998), which is applicable 
to certain Airbus Model A320 series airplanes, was published in the 
Federal Register on February 6, 2004 (69 FR 5790). The action proposed 
to continue to require repetitive inspections to detect fatigue 
cracking of the lower surface panel on the wing center box, and repair 
if necessary. That action also proposed to continue to require 
modification of the lower surface panel on the wing center box, which 
would constitute terminating action for the repetitive inspections. 
That action also proposed to reduce the compliance times for the 
inspections required by the existing AD.

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 from a single commenter.

Request To Remove Paragraph (c)(1) of the Proposed AD

    The commenter states that paragraph (c)(1) of the proposed AD 
(Restatement of Requirements of AD 98-22-05), conflicts with paragraph 
(g) of the proposed AD (New Requirements of This AD). The commenter 
notes that paragraph (c)(1) requires accomplishment of the modification 
of the lower surface panel on the wing center box per Airbus Service 
Bulletin A320-57-1043, Revision 02 or Revision 05, if no cracking is 
found during the inspection required by paragraph (c) of the proposed 
AD, but paragraph (g) specifies repeating the inspection per Airbus 
Service Bulletin A320-57-1082, Revision 01 or Revision 03, if no 
cracking is found. The commenter adds that French airworthiness 
directive 2002-342(B), dated June 26, 2002 (referenced in the proposed 
AD), and French airworthiness directive 97-309-104(B), dated October 
27, 1997 (referenced in the existing AD), issued by the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile, which is the airworthiness 
authority for France, require accomplishment of the actions specified 
in Airbus Service Bulletin A320-57-1043, Revision 02 or Revision 05 
only, if no cracking is found. The commenter asks that paragraph (c)(1) 
be removed for the reasons stated above.
    The FAA partially agrees. Paragraph (g) of this AD requires 
repeating the inspection required by paragraph (a) or (f) of the AD if 
no cracking is found during either of those inspections. The inspection 
specified in paragraph (f) is

[[Page 41399]]

for airplanes on which the inspection required by paragraph (a) has not 
been done as of the effective date of the AD, and accomplishment of the 
inspection constitutes terminating action for the requirements of 
paragraph (a). Paragraph (c)(1) specifies that accomplishment of the 
modification per Airbus Service Bulletin A320-57-1043, Revision 02 or 
Revision 05, also constitutes terminating action for the requirements 
of paragraph (a). Therefore, if the commenter has done the modification 
required by paragraph (c)(1), the repetitive inspections required by 
paragraph (g) are not required. We have changed paragraphs (f) and (g) 
for clarification, as follows: We have changed paragraph (f) to state 
``For airplanes on which neither the inspection required by paragraph 
(a) of this AD, nor the modification required by paragraph (c)(1) of 
this AD has been done before the effective date of this AD:'' We have 
changed paragraph (g) to add ``Accomplishment of the modification 
required by paragraph (c)(1) of this AD terminates the requirements of 
this paragraph.''
    Additionally, the applicability of this AD is for Model A320 series 
airplanes on which Airbus Modification 22418 (reference Airbus Service 
Bulletin A320-57-1043) has not been done. French airworthiness 
directive 2002-342(B), does not require accomplishment of the actions 
specified in Airbus Service Bulletin A320-57-1043, but requires 
accomplishment of the actions specified in Airbus Service Bulletin 
A320-57-1082. French airworthiness directive 97-309-104(B), was 
cancelled upon issuance of French airworthiness directive 2002-342(B). 
The applicability in French airworthiness directive 2002-342(B), in 
part, excludes airplanes on which the actions specified in Service 
Bulletin A320-57-1043 have been done. No change to the AD is necessary 
in this regard.

Request To Change Compliance Time

    The commenter states that the compliance time for the inspection 
required by paragraph (f)(2) of the proposed AD specifies ``Prior to 
the accumulation of 20,000 total flight cycles, or within 3,500 flight 
cycles after the effective date of this AD, whichever is first.'' The 
commenter notes that the compliance time should be ``whichever occurs 
later.'' No justification is provided for this comment.
    We have coordinated this issue with the manufacturer and determined 
that the compliance time required by paragraph (f)(2) of this AD should 
specify ``Prior to the accumulation of 20,000 total flight cycles, or 
within 3,500 flight cycles after the effective date of this AD, 
whichever is later.'' The referenced French airworthiness directive and 
service information did not provide this criterion. We have determined 
that extending the compliance time for the inspection will continue to 
provide an acceptable level of safety for the affected fleet. Paragraph 
(f)(2) of this AD has been changed accordingly.

Request To Change Applicability

    The commenter states that the models listed in French airworthiness 
directive 2002-342(B), dated June 26, 2002 (referenced in the proposed 
AD), are Airbus Model A320-111, -211, -212, and -231 series airplanes. 
The commenter asks that the models listed in the proposed AD (Model 
A320 series airplanes) be changed to match the models listed in the 
referenced French airworthiness directive.
    We agree. French airworthiness directive 97-309-104(B), dated 
October 27, 1997 (referenced in the existing AD), listed Model A320 
series airplanes and has since been cancelled. Therefore, we have 
changed the models listed in this AD to specify Model A320-111, -211, -
212, and -231 series airplanes. This change corresponds with the models 
specified in French airworthiness directive 2002-342(B).

Conclusion

    We have carefully reviewed the available data, including the 
comments noted above, and have determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Cost Impact

    There are approximately 60 airplanes of U.S. registry that will be 
affected by this AD. This AD reduces the compliance time for the 
inspections required by AD 98-22-05, and consequently adds no 
additional costs or work. The current costs associated with that AD are 
repeated as follows for the convenience of affected operators:
    The inspections that are currently required by AD 98-22-05, and 
retained in this AD, take about 2 work hours per airplane to 
accomplish, 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 $130 per airplane, per inspection cycle.
    The modification that is currently required by AD 98-22-05, and 
retained in this AD, will take about 2 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hours. There are 
no parts necessary to accomplish the modification. Based on these 
figures, the cost impact of the modification currently required is 
estimated to be $130 per airplane.
    The cost impact figures discussed above are 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

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:

[[Page 41400]]

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 39-10851 (63 FR 
56542, October 22, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-13718, to read as follows:

2004-14-09 Airbus: Amendment 39-13718. Docket 2002-NM-177-AD. 
Supersedes AD 98-22-05, Amendment 39-10851.

    Applicability: Model A320-111, -211, -212, and -231 series 
airplanes; certificated in any category, on which Airbus 
Modification 22418 (reference Airbus Service Bulletin A320-57-1043) 
has not been done.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the lower surface panel on the 
wing center box, which could result in reduced structural integrity 
of the airplane, accomplish the following:

Restatement of Requirements of AD 98-22-05

Repetitive Inspections

    (a) Except as provided by paragraph (e) of this AD: Prior to the 
accumulation of 20,000 total flight cycles, or within 60 days after 
November 27, 1998 (the effective date of AD 98-22-05, amendment 39-
10851), whichever occurs later, perform a high frequency eddy 
current inspection to detect fatigue cracking of the lower surface 
panel on the wing center box, in accordance with Airbus Service 
Bulletin A320-57-1082, Revision 01, dated December 10, 1997; or 
Revision 03, dated April 30, 2002. Repeat the eddy current 
inspection thereafter at intervals not to exceed 7,500 flight cycles 
until the actions required by paragraph (c) of this AD are 
accomplished.

Repair

    (b) Except as provided by paragraph (d) of this AD: If any 
cracking is detected during any inspection required by paragraph (a) 
of this AD, prior to further flight, repair in accordance with 
Airbus Service Bulletin A320-57-1082, Revision 01, dated December 
10, 1997; or Revision 03, dated April 30, 2002. Accomplishment of 
the repair constitutes terminating action for the repetitive 
inspections for the repaired area only.

Inspection/Modification/Repair

    (c) Prior to the accumulation of 25,000 total flight cycles, or 
within 60 days after November 27, 1998, whichever occurs later: 
Perform a high frequency eddy current inspection to detect fatigue 
cracking of the lower surface panel on the wing center box, in 
accordance with Airbus Service Bulletin A320-57-1082, Revision 01, 
dated December 10, 1997; or Revision 03, dated April 30, 2002.
    (1) If no cracking is detected: Prior to further flight, modify 
the lower surface panel on the wing center box, in accordance with 
Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 
1997; or Revision 05, dated April 30, 2002. Accomplishment of the 
modification constitutes terminating action for the requirements of 
paragraph (a) of this AD.
    (2) Except as provided by paragraph (d) of this AD, if any 
cracking is detected: Prior to further flight, repair in accordance 
with Airbus Service Bulletin A320-57-1082, Revision 01, dated 
December 10, 1997; or Revision 03, dated April 30, 2002; and modify 
any uncracked area in accordance with Airbus Service Bulletin A320-
57-1043, Revision 02, dated May 14, 1997; or Revision 05, dated 
April 30, 2002. Accomplishment of the repair of cracked area(s) and 
modification of uncracked area(s) constitutes terminating action for 
the requirements of paragraph (a) of this AD.
    (d) If any cracking is detected during any inspection required 
by paragraph (b) or (c)(2) of this AD, and the applicable service 
bulletin specifies to contact Airbus for an appropriate action: 
Prior to further flight, repair in accordance with a method approved 
by either the Manager, International Branch, AMN-116, FAA, Transport 
Airplane Directorate; or the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (or its delegated agent).
    (e) The actions required by paragraph (a) of this AD are not 
required to be accomplished if the requirements of paragraph (c) of 
this AD are accomplished at the time specified in paragraph (a) of 
this AD.

New Requirements of this AD

Initial Inspection

    (f) For airplanes on which neither the inspection required by 
paragraph (a) of this AD, nor the modification required by paragraph 
(c)(1) of this AD has been done before the effective date of this 
AD: Perform a high frequency eddy current inspection to detect 
fatigue cracking of the lower surface panel on the wing center box, 
in accordance with Airbus Service Bulletin A320-57-1082, Revision 
01, dated December 10, 1997; or Revision 03, dated April 30, 2002; 
at the later of the times specified in paragraphs (f)(1) and (f)(2) 
of this AD. Accomplishment of the inspection required by this 
paragraph terminates the requirements of paragraph (a) of this AD.
    (1) Prior to the accumulation of 13,200 total flight cycles or 
39,700 total flight hours after the effective date of this AD, 
whichever is first.
    (2) Prior to the accumulation of 20,000 total flight cycles, or 
within 3,500 flight cycles after the effective date of this AD, 
whichever is later.

Repetitive Inspections

    (g) If no cracking is detected during the inspection required by 
paragraph (a) or (f) of this AD: Repeat the inspection at the 
applicable time specified in paragraph (g)(1) or (g)(2) of this AD. 
Accomplishment of the modification required by paragraph (c)(1) of 
this AD terminates the requirements of this paragraph.
    (1) For airplanes on which the inspections required by paragraph 
(a) of this AD have been done before the effective date of this AD: 
Do the next inspection within 5,700 flight cycles after 
accomplishment of the last inspection, or within 1,800 flight cycles 
after the effective date of this AD, whichever is later. Repeat the 
inspection thereafter at intervals not to exceed 5,700 flight 
cycles.
    (2) For airplanes on which no inspection required by paragraph 
(a) of this AD has been done before the effective date of this AD: 
Do the next inspection within 5,700 flight cycles after 
accomplishment of the inspection required by paragraph (f) of this 
AD. Repeat the inspection thereafter at intervals not to exceed 
5,700 flight cycles.

Repair/Modification

    (h) If any cracking is detected during any inspection required 
by paragraph (f) or (g) of this AD, prior to further flight, repair 
in accordance with Airbus Service Bulletin A320-57-1082, Revision 
01, dated December 10, 1997; or Revision 03, dated April 30, 2002; 
and modify any uncracked area in accordance with Airbus Service 
Bulletin A320-57-1043, Revision 02, dated May 14, 1997; or Revision 
05, dated April 30, 2002. Where Airbus Service Bulletin A320-57-1082 
specifies to contact Airbus for an appropriate repair action: Prior 
to further flight, repair in accordance with a method approved by 
either the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate; or the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) (or its delegated agent). Accomplishment of 
the repair of cracked area(s) and modification of uncracked area(s) 
constitutes terminating action for the requirements of this AD.

Actions Done per Previous Issues of Service Bulletins

    (i) Accomplishment of inspections and repairs before the 
effective date of this AD in accordance with Airbus Service Bulletin 
A320-57-1082, Revision 02, dated July 26, 1999; and accomplishment 
of the modification before the effective date of this AD in 
accordance with Airbus Service Bulletin Airbus Service Bulletin 
A320-57-1043, dated February 16, 1993; Revision 01, dated June 14, 
1996; Revision 03, dated October 24, 1997; or Revision 04, dated 
March 15, 1999; are considered acceptable for compliance with the 
applicable actions specified in this AD.

Alternative Methods of Compliance

    (j) 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

    (k) Unless otherwise provided in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A320-57-1082, 
Revision 01, dated December 10, 1997; Airbus Service Bulletin A320-
57-1082, Revision 03, dated April 30, 2002; Airbus Service Bulletin 
A320-57-1043, Revision 02, dated May 14, 1997; and Airbus Service 
Bulletin A320-57-1043, Revision 05, dated April 30, 2002; as 
applicable.
    (1) The incorporation by reference of Airbus Service Bulletin 
A320-57-1082,

[[Page 41401]]

Revision 03, dated April 30, 2002; and Airbus Service Bulletin A320-
57-1043, Revision 05, dated April 30, 2002; 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 
A320-57-1082, Revision 01, dated December 10, 1997; and Airbus 
Service Bulletin A320-57-1043, Revision 02, dated May 14, 1997; was 
approved previously by the Director of the Federal Register as of 
November 27, 1998 (63 FR 56542, October 22, 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 National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2002-342(B), dated June 26, 2002.

Effective Date

    (l) This amendment becomes effective on August 13, 2004.

    Issued in Renton, Washington, on June 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-15372 Filed 7-8-04; 8:45 am]
BILLING CODE 4910-13-P