[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1182-1184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-283]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18771; Directorate Identifier 2002-NM-313-AD; 
Amendment 39-13890; AD 2004-25-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Airbus Model A320 series airplanes. That 
AD currently requires repetitive inspections to detect fatigue cracking 
in certain areas of the fuselage, and corrective action if necessary. 
That AD also provides for an optional terminating action for the 
repetitive inspections. This new AD revises the compliance threshold 
and repetitive intervals for the inspections required by the existing 
AD. This AD is prompted by a full-scale fatigue survey on the Model 
A320 fleet. We are issuing this AD to detect and correct fatigue 
cracking of the fuselage, which could result in reduced structural 
integrity of the airplane.

DATES: This AD becomes effective February 10, 2005.
    The incorporation by reference of Airbus Service Bulletin A320-53-
1034, Revision 02, dated December 4, 2001, as listed in the AD, is 
approved by the Director of the Federal Register as of February 10, 
2005.
    On February 12, 1999 (64 FR 1118, January 8, 1999), the Director of 
the Federal Register approved the incorporation by reference of Airbus 
Service Bulletin A320-53-1034, dated March 30, 1992.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You 
can examine this information 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.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-18771; the directorate 
identifier for this docket is 2002-NM-313-AD.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR Part 39) with an AD to supersede 
AD 99-01-17, amendment 39-10985 (64 FR 1118, January 8, 1999). The 
existing AD applies to certain Airbus Model A320 series airplanes. The 
proposed AD was published in the Federal Register on August 5, 2004 (69 
FR 47393), to require reducing the compliance threshold and repetitive 
intervals for the inspections required by the existing AD. The proposed 
AD also provides for an optional terminating action for the repetitive 
inspections.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment submitted on the 
proposed AD. The commenter supports the proposed AD.

Clarification of Certain Wording in Preamble of Proposed AD

    For clarification, we are explaining an inadvertent error in 
certain wording in the preamble of the proposed AD, which differed from 
the AD requirements for the optional terminating action specified in 
paragraph (h) of the proposed AD. In the Summary, Relevant Service 
Information, and FAA's Determination and Requirements of the proposed 
AD sections, we specify that the proposed AD would add an allowable 
time for the optional terminating action (provided by the existing AD). 
However, in paragraph (h) of the proposed AD we did not include that 
``allowable time'' for accomplishing the optional terminating action. 
This decision was based on the fact that the French airworthiness 
directive referenced in the proposed AD did not specify an allowable 
time for the optional terminating action, so it was not necessary to 
state that time in the proposed AD. In light of the above, we have 
removed the wording ``* * * would add an allowable time for the 
optional terminating action * * *'' from the new actions in the Summary 
section. The Relevant Service Information and FAA's Determination and 
Requirements of the proposed AD sections are not restated in the final 
rule.
    In addition, certain other wording in the preamble specifies that 
the new AD reduces the compliance threshold, but it also extends the 
compliance threshold for certain airplanes. Therefore, we have changed 
the wording to specify that the new AD revises the compliance 
threshold.

Clarification of Paragraph (f)(2) of Proposed AD

    For clarification, we are explaining an inadvertent error in 
paragraph (f)(2) of the proposed AD. Paragraph (f)(2) of the proposed 
AD specified doing the inspection at the later of the times specified 
in paragraph (f)(1)(i) and (f)(1)(ii) of the AD; the correct citation 
is paragraphs (f)(2)(i) and (f)(2)(ii) of the AD.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 269 airplanes of U.S. registry.
    The ultrasonic inspection that is required by AD 99-01-17 and 
retained in this AD takes about 6 work hours per airplane, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the currently required ultrasonic inspection is $390 
per airplane, per inspection cycle.
    The optional terminating action specified in Airbus Service 
Bulletin

[[Page 1183]]

A320-53-1033, if done, takes about 5 work hours to do, at an average 
labor rate of $65 per work hour. The cost of required parts is about 
$75 per airplane. Based on these figures, the cost impact of the 
optional terminating action is $400 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2004-25-03 Airbus: Amendment 39-13890. Docket No. FAA-2004-18771; 
Directorate Identifier 2002-NM-313-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
10, 2005.

Affected ADs

    (b) This AD supersedes AD 99-01-17, amendment 39-10985.

Applicability

    (c) This AD applies to Airbus Model A320-111, -211, -212, and -
231 series airplanes on which Airbus Modification 21202 has not been 
done, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a full-scale fatigue survey on the 
Model A320 fleet. We are issuing this AD to detect and correct 
fatigue cracking of the fuselage, which could result in reduced 
structural integrity of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD: Do an ultrasonic inspection to detect cracking in 
the bottom panels of the keel beam (both left and right), in the 
area of the frame 46 and stringer 37 intersection at the pressure 
bulkhead, using Airbus Service Bulletin A320-53-1034, Revision 02, 
dated December 4, 2001. Thereafter, repeat the ultrasonic inspection 
at intervals not to exceed 5,200 flight cycles or 10,400 flight 
hours, whichever is first. Accomplishment of the inspection required 
by this paragraph ends the requirements of AD 99-01-17.
    (1) For airplanes on which the inspection specified in Airbus 
Service Bulletin A320-53-1034, dated March 30, 1992; or Revision 02, 
dated December 4, 2001; has been done as of the effective date of 
this AD: Do the next inspection within 5,200 flight cycles after 
accomplishment of the last inspection, or within 800 flight cycles 
after the effective date of this AD, whichever is later.
    (2) For airplanes on which no inspection specified in Airbus 
Service Bulletin A320-53-1034, dated March 30, 1992; or Revision 02, 
dated December 4, 2001; has been done as of the effective date of 
this AD: Do the inspection at the later of the times specified in 
paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
    (i) Before the accumulation of 24,200 total flight cycles or 
48,400 total flight hours, whichever is first.
    (ii) Before the accumulation of 30,000 total flight cycles, or 
within 3,500 flight cycles after the effective date of this AD, 
whichever is first.

Corrective Action

    (g) If any crack is found during any inspection required by 
paragraph (f) of this AD, before further flight, repair using Airbus 
Service Bulletin A320-53-1034, dated March 30, 1992; or Revision 02, 
dated December 4, 2001. Accomplishment of a repair using the service 
bulletin ends the repetitive inspection requirements for the area 
repaired. If any crack is found during any inspection required by 
this AD, and the service bulletin specifies to contact Airbus for 
appropriate action: Before further flight, repair using a method 
approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate.

Optional Terminating Action

    (h) Accomplishment of Airbus Modification 21202 using Airbus 
Service Bulletin A320-53-1033, Revision 03, dated July 4, 1994; or 
Revision 04, dated December 4, 2001; constitutes terminating action 
for the repetitive inspection requirements of this AD.
    (i) Accomplishment of the optional terminating action specified 
in AD 99-01-17 before the effective date of this AD, using Airbus 
Service Bulletin A320-53-1033, Revision 03, dated July 4, 1994; or 
Revision 04, dated December 4, 2001; is considered acceptable for 
compliance with paragraph (h) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.

Related Information

    (k) French airworthiness directive 2002-260(B), dated May 15, 
2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A320-53-1034, dated 
March 30, 1992; or Airbus Service Bulletin A320-53-1034, Revision 
02, dated December 4, 2001; to perform the actions that are required 
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus Service Bulletin A320-53-1034, 
Revision 02, dated December 4, 2001, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) On February 12, 1999 (64 FR 1118, January 8, 1999), the 
Director of the Federal Register approved the incorporation by 
reference of Airbus Service Bulletin A320-53-1034, dated March 30, 
1992.
    (3) For copies of the service information, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. For

[[Page 1184]]

information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on December 29, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-283 Filed 1-5-05; 8:45 am]
BILLING CODE 4910-13-P