[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Pages 4063-4066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-970]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29170; Directorate Identifier 2007-NM-075-AD; 
Amendment 39-15345; AD 2008-02-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Some taperlocks used in the wing-to-fuselage junction at rib 1 
were found to be non-compliant with the applicable specification, 
resulting in a loss of pre-tension in the fasteners. In such 
conditions, the structural integrity of the aircraft could be 
affected.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 28, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 13, 2007 
(72 FR 52309). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Some taperlocks used in the wing-to-fuselage junction at rib 1 
were found to be non-compliant with the applicable specification, 
resulting in a loss of pre-tension in the fasteners. In such 
conditions, the structural integrity of the aircraft could be 
affected.
    This Airworthiness Directive mandates a repetitive internal 
inspection of the lower stiffeners, and a repetitive external 
inspection of the lower panels in center and outer wing box at level 
of rib 1 junction.

The corrective action includes contacting Airbus for repair 
instructions and repair if any crack is found. You may obtain further 
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Refer to Revised Service Information

    The Air Transport Association (ATA), on behalf of one of its 
members, United Airlines, and Airbus ask that we refer to Airbus 
Service Bulletins A320-57-1129 and A320-57-1130, both Revision 02, both 
dated July 17, 2007, for accomplishing the specified actions.
    We agree with the requests to refer to Revision 02 of Airbus 
Service Bulletins A320-57-1129 and A320-57-1130. In the NPRM, we 
referred to Airbus Service Bulletins A320-57-1129, and A320-57-1130, 
both Revision 01, both dated July 28, 2006, as the appropriate sources 
of service information for accomplishing the required actions. Revision 
02 of the service bulletins updates the operator and aircraft 
effectivity to show the latest information. No additional work is 
required by these revisions of the service bulletins. We have changed 
paragraphs (f)(1) and (f)(2) of this AD to refer to Revision 02 of the 
service bulletins. We have also changed paragraphs (f)(1) and (f)(2) to 
give credit to operators that have done the actions previously in 
accordance with Revision 01 of the service bulletins. We have also 
revised the sentence giving credit for an earlier service bulletin in 
paragraph (f)(2) of this AD for clarity.

Request To Allow Installation of a Pin and Sleeve Fastener

    ATA, on behalf of one of its members, Northwest Airlines (NWA), 
states that installation of a pin-and-sleeve fastener, instead of the 
taperlok fastener, should be allowed due to the practical difficulties 
in accomplishing the NPRM

[[Page 4064]]

as currently written. NWA notes that installation of the taperlok 
fasteners requires precision drilling and reaming of the tapered hole 
and countersink, and adds that industry data show that the installation 
of a MIL-B-85667 pin-and-sleeve fastener can be installed by 
conventional manual drilling and reaming of a standard hole with 
relative simplicity and still maintain the fatigue strength capability 
of the taperlok fastener. NWA adds that the fastener capability 
properties of the MIL-B-85667 pin-and-sleeve fastener (titanium tapered 
pin and aluminum sleeve) meet or exceed those of the Airbus taperlok 
fasteners for tensile, shear, and fatigue strength. NWA provided a 
table that identifies the fastener properties.
    We do not agree with the commenters' request. The commenters have 
not provided sufficient data to demonstrate that this installation 
would adequately address the identified unsafe condition. Although the 
MIL-B-85667 pin-and-sleeve fastener material properties may be equal to 
or better than the taperlok fasteners, there are other considerations 
in selection of fasteners that must be addressed, in addition to proper 
drilling and reaming of the tapered hole and countersink. Therefore, we 
have not changed the AD in this regard. However, any operator may 
request an alternative method of compliance (AMOC) in accordance with 
the procedures in paragraph (g) of the AD, provided that sufficient 
data are submitted to substantiate that the proposed AMOC would provide 
an acceptable level of safety.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. This change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 583 products of U.S. registry. 
We also estimate that it would take about between 16 and 77 work-hours 
per product to comply with the basic requirements of this AD. The 
average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of the AD on U.S. operators to be between $746,240 
and $3,591,280, or between $1,280 and $6,160 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA 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 
rulemaking action.

Regulatory Findings

    We 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 this AD:
    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. 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 and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 AD:

2008-02-15 Airbus: Amendment 39-15345. Docket No. FAA-2007-29170; 
Directorate Identifier 2007-NM-075-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319 and A320 series 
airplanes, certificated in any category, all certified models, all 
serial numbers (MSN); except airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD. Model A320 series airplanes MSN 2164 
through MSN 2688 that have partially received Airbus Modification 
33421 in production are affected by the requirements of this AD.
    (1) Model A319 series airplanes that have received Airbus 
Modifications 28238, 28162, and 28342 in production, or Airbus 
Modification 33421 in production.
    (2) Model A320 series airplanes that have received Airbus 
Modification 33421 fully embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

[[Page 4065]]

    Some taperlocks used in the wing-to-fuselage junction at rib 1 
were found to be non-compliant with the applicable specification, 
resulting in a loss of pre-tension in the fasteners. In such 
conditions, the structural integrity of the aircraft could be 
affected.
    This Airworthiness Directive mandates a repetitive internal 
inspection of the lower stiffeners, and a repetitive external 
inspection of the lower panels in center and outer wing box at level 
of rib 1 junction.

The corrective action includes contacting Airbus for repair 
instructions and repair if any crack is found.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For A320-200 aircraft: Before the defined threshold or 
within the defined grace period after the effective date of this AD, 
whichever occurs later, as listed in paragraph 1.E., ``Compliance,'' 
of Airbus Service Bulletin A320-57-1129, Revision 02, dated July 17, 
2007, and following the instructions given in the service bulletin, 
perform an internal ultrasonic inspection of the lower stiffeners in 
the center and outer wing box at the level of the rib 1 junction to 
detect cracks, and if any crack is found, before further flight 
contact Airbus for repair instructions and repair. Repeat this 
inspection at the intervals defined in paragraph 1.E., 
``Compliance,'' of the service bulletin. Actions done before the 
effective date of this AD in accordance with Airbus Service Bulletin 
A320-57-1129, Revision 01, dated July 28, 2006, are acceptable for 
compliance with the corresponding actions of this paragraph.
    (2) For all aircraft: Before the defined threshold or within the 
defined grace period after the effective date of this AD, whichever 
occurs later, as listed in paragraph 1.E., ``Compliance,'' of Airbus 
Service Bulletin A320-57-1130, Revision 02, dated July 17, 2007, and 
following the instructions given in the service bulletin, perform an 
external ultrasonic inspection of the lower stiffeners in the center 
and outer wing box at the level of the rib 1 junction to detect 
cracks, and if any crack is found, before further flight contact 
Airbus for repair instructions and repair. Repeat this inspection at 
the intervals defined in paragraph 1.E., ``Compliance,'' of the 
service bulletin. Actions done before the effective date of this AD 
in accordance with Airbus Service Bulletin A320-57-1130, dated 
September 10, 2004; or Revision 01, dated July 28, 2006; are 
acceptable for compliance with the corresponding actions of this 
paragraph.
    (3) Modification of the aircraft in accordance with the 
instructions contained in Airbus Service Bulletins A320-57-1131, 
A320-57-1137, or A320-57-1140, all dated November 21, 2006; 
terminates the repetitive inspection requirements of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI or service information does not specify a 
compliance time for corrective action (repair of cracks), paragraphs 
(f)(1) and (f)(2) of this AD require that the corrective action be 
done before further flight.

    (2) Although the MCAI and/or service information specify a 
compliance time for accomplishing the inspections after the 
effective date of the MCAI, this AD requires compliance within the 
specified compliance time after the effective date of this AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2141; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0067R1, 
dated June 7, 2007; and Airbus Service Bulletins A320-57-1129 and 
A320-57-1130, both Revision 02, both dated July 17, 2007; for 
related information.

Material Incorporated by Reference

    (i) You must use the Airbus service information specified in 
Table 1 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies 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/cfr/ibr-locations.html.

                                  Table 1.--Material Incorporated by Reference
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        Airbus service bulletin                       Revision                               Date
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A320-57-1129, including Appendix 01...  02.................................  July 17, 2007.
A320-57-1130, including Appendix 01...  02.................................  July 17, 2007.
A320-57-1131, including Appendix 01     Original...........................  November 21, 2006.
 and excluding Appendix 02.
A320-57-1137, including Appendix 01     Original...........................  November 21, 2006.
 and excluding Appendix 02.
A320-57-1140, including Appendix 01     Original...........................  November 21, 2006.
 and excluding Appendix 02.
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[[Page 4066]]

    Issued in Renton, Washington, on January 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-970 Filed 1-23-08; 8:45 am]
BILLING CODE 4910-13-P