[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11006-11009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5009]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0215; Directorate Identifier 2007-NM-278-AD; 
Amendment 39-15850; AD 2009-06-13]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321-131 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A321-131 airplanes. This AD requires repetitive 
ultrasonic inspections to detect cracks in the wing inner rear spars at 
the attachment holes of the Main Landing Gear (MLG) forward pintle 
fitting, the actuator cylinder anchorage fitting, and rib 5 fitting; 
and repair of the sealant or repair of any crack. This AD results from 
a finding that certain A321-131 airplanes may not reach the design life 
goal due to differences in thickness of the inner rear spars and that 
fatigue cracks may develop on inner rear spars starting from the 
fastener holes for the attachment of gear rib 5, the forward pintle 
fitting, and the actuating cylinder anchorage on these airplanes. We 
are issuing this AD to detect and correct such fatigue cracks, which 
could result in reduced structural integrity of the airplane.

DATES: This AD becomes effective March 31, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 31, 
2009.
    We must receive comments on this AD by April 15, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

[[Page 11007]]

     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 
Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; fax +33 5 61 93 44 51; e-mail: [email protected]; Internet http://www.airbus.com.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone 425-
227-2141; fax 425-227-1320.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, notified us that 
an unsafe condition may exist on certain Airbus Model A321-131 
airplanes. EASA advises that two airplanes, manufacturer serial number 
(MSN) 364 and 385, may not reach the design life goal due to 
differences in thickness of the inner rear spars and that fatigue 
cracks may develop on inner rear spars starting from the fastener holes 
for the attachment of gear rib 5, the forward pintle fitting, and the 
actuating cylinder anchorage on these airplanes. This condition, if not 
detected and corrected, could result in reduced structural integrity of 
the airplane.

Other Relevant Rulemaking

    We previously issued airworthiness directive (AD) 2006-04-11 R1, 
amendment 39-14628 (71 FR 32807, June 7, 2006), applicable to certain 
Airbus Model A321-111, -112, and -131 airplanes; MSNs 364 and 385 were 
specifically excluded. That AD requires repetitive inspections to 
detect fatigue cracking in the area surrounding certain attachment 
holes of the forward pintle fittings of the main landing gear and the 
actuating cylinder anchorage fittings on the inner rear spars; and 
repair, if necessary. That AD also provides for optional terminating 
action for the repetitive inspections, adds inspections of three 
additional mounting holes, and revises the inspection thresholds 
required by an earlier AD.

Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1126, dated August 8, 
2003. The service bulletin describes procedures for doing repetitive 
ultrasonic inspections to detect cracks in the wing inner rear spars at 
the attachment holes of the MLG forward pintle fitting, the actuator 
cylinder anchorage fitting, and rib 5 fitting; and repairing of the 
sealant if no cracks are found or contacting Airbus for repair 
instructions if any cracks are found.
    The EASA mandated the service information and issued airworthiness 
directive 2007-0162, dated June 12, 2007 (referred to after this as 
``the MCAI''), to ensure the continued airworthiness of these airplanes 
in the European Union. The EASA airworthiness directive also includes 
requirements for other Model A321 airplanes; however, FAA AD 2006-04-11 
R1, described previously, adequately addresses these other requirements 
(as specified in paragraph 1 of the MCAI).

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Therefore, we are issuing this AD to detect and correct fatigue 
cracks on the wing inner rear spars. This AD requires accomplishing the 
actions specified in the service information described previously, 
except as discussed under ``Difference Between the AD and Service 
Bulletin.''

Difference Between the AD and Service Bulletin

    The service bulletin specifies to contact the manufacturer for 
instructions on how to repair certain conditions, but this AD requires 
repairing those conditions using a method approved by the FAA or EASA 
(or its delegated agent). In light of the type of repair that is 
required to address the unsafe condition, and consistent with existing 
bilateral airworthiness agreements, we have determined that, for this 
AD, a repair approved by the FAA or EASA (or its delegated agent) would 
be acceptable for compliance with this AD.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                                     Estimated Costs
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                                                            Average labor
                 Action                      Work hours     rate per hour           Parts cost                          Cost per airplane
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Inspection, per inspection cycle........               46              $80  None......................  $3,680 per inspection cycle.
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[[Page 11008]]

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0215; Directorate Identifier 2007-NM-278-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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 the 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. 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. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2009-06-13 Airbus: Amendment 39-15850. Docket No. FAA-2009-0215; 
Directorate Identifier 2007-NM-278-AD.

Effective Date

    (a) This AD becomes effective March 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A321-131 airplanes, 
certificated in any category, manufacturer serial numbers (MSNs) 364 
and 385.

Subject

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

Unsafe Condition

    (e) This AD results from a finding that certain A321-131 
airplanes may not reach the design life goal due to differences in 
thickness of the inner rear spars and that fatigue cracks may 
develop on inner rear spars starting from the fastener holes for the 
attachment of gear rib 5, the forward pintle fitting, and the 
actuating cylinder anchorage on these airplanes. We are issuing this 
AD to detect and correct fatigue cracks on the wing inner rear 
spars, which could result in reduced structural integrity of the 
airplane.

Compliance

    (f) 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

    (g) At the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD, do an ultrasonic inspection to detect cracks of 
the left-hand and right-hand wing inner rear spars at the attachment 
holes of the main landing gear (MLG) forward pintle fitting, the 
actuator cylinder anchorage fitting, and gear rib 5 fitting, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-57-1126, dated August 8, 2003. Repeat the inspection 
thereafter at intervals not to exceed 3,600 flight cycles or 5,600 
flight hours, whichever occurs first.
    (1) Before the accumulation of 24,000 total flight cycles or 
39,400 total flight hours from first flight, whichever occurs first.
    (2) Within 6 months after the effective date of this AD.

Repair

    (h) If no crack is detected during any inspection required by 
paragraph (g) of this AD, before further flight, repair the sealant 
in the inspected areas in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-57-1126, dated August 
8, 2003.
    (i) If any crack is detected during any inspection required by 
paragraph (g) of this AD, before further flight, repair the crack 
using a method approved by either the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (EASA) (or its delegated agent).

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, 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, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
4056; telephone 425-227-2141; fax 425-227-1320. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office.

Related Information

    (k) EASA airworthiness directive 2007-0162, dated June 12, 2007, 
also addresses the subject of this AD.

[[Page 11009]]

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A320-57-1126, dated 
August 8, 2003, 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, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; fax +33 5 61 93 44 51; e-mail: 
[email protected]; Internet http://www.airbus.com.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service 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.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5009 Filed 3-13-09; 8:45 am]
BILLING CODE 4910-13-P