[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Rules and Regulations]
[Pages 75878-75882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29457]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0670; Directorate Identifier 2007-NM-339-AD; 
Amendment 39-16526; AD 2010-24-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-111 and A318-112 
Airplanes and Model A319, A320, and A321 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:

    Damage to the lower lateral fittings of the 80VU rack, typically 
elongated holes, migrated bushes [bushings], and/or missing bolts 
have been reported in-service. In addition damage to the lower 
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU 
fittings in combination with a high load factor or strong vibration 
could lead to failure of the rack structure and/or computers or 
rupture/disconnection of the cable harnesses to one or more 
computers located in the 80VU. This rack contains computers for 
Flight Controls, Communication and Radio-navigation. These functions 
are duplicated across other racks but during critical phases of 
flight the multiple system failures/re-configuration may constitute 
an unsafe condition.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 11, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 11, 
2011.

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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products.

[[Page 75879]]

That supplemental NPRM was published in the Federal Register on August 
4, 2010 (75 FR 46873). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    Damage to the lower lateral fittings of the 80VU rack, typically 
elongated holes, migrated bushes [bushings], and/or missing bolts 
have been reported in-service. In addition damage to the lower 
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU 
fittings in combination with a high load factor or strong vibration 
could lead to failure of the rack structure and/or computers or 
rupture/disconnection of the cable harnesses to one or more 
computers located in the 80VU. This rack contains computers for 
Flight Controls, Communication and Radio-navigation. These functions 
are duplicated across other racks but during critical phases of 
flight the multiple system failures/re-configuration may constitute 
an unsafe condition.
    For the reasons described above, EASA AD 2007-0276 was issued to 
require repetitive [detailed] inspection of the lower lateral 80VU 
fittings for damage and [repetitive detailed] inspection of the 
lower central 80VU support for damage and cracking, and the 
accomplishment of associated corrective actions, depending on 
findings.
    Since AD 2007-0276 was issued, Airbus introduced a new 
reinforced lower central support for the 80VU.
    This [EASA] AD has been revised to introduce the new reinforced 
lower central support as an optional terminating action to the 
repetitive inspections.
* * * * *
The associated corrective actions include repair or replacement of the 
lower lateral fittings and/or replacement of the lower central support. 
Modifying the 80VU lower lateral fittings (the modification includes 
replacing the 80VU lower lateral fittings) eliminates the need for the 
repetitive inspection of the lower lateral fittings. Replacing the 80VU 
lower central support (i.e., replacing the pyramid fitting on the 80VU 
rack with a new, reinforced fitting) eliminates the need for the 
repetitive inspection of the lower central support. 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 Allow Credit for Actions Done per Previous Service Bulletin

    Lufthansa stated that paragraph (g) of the NPRM specifies that 
doing a modification in accordance with Airbus Service Bulletin A320-
25-1557, Revision 02, dated November 5, 2008, terminates the 
inspections of the lateral fittings. The commenter stated this is not 
correct because any revision of the service bulletin terminates the 
inspections.
    We infer that Lufthansa requests that we revise paragraph (g) of 
the final rule to allow credit for actions done in accordance with 
previous issues of Airbus Service Bulletin A320-25-1557. We agree that 
previous issues are acceptable; however, it is not necessary to revise 
paragraph (g) of the final rule. We give credit for doing actions in 
accordance with previous revisions of the service information in 
paragraph (l) of the final rule. We have not changed this AD in this 
regard.

Request To Defer Corrective Actions

    Lufthansa requested that we allow operators to defer doing the 
replacement specified in paragraph (j) of the NPRM. The commenter noted 
that Airbus Service Bulletin A320-53-1215, dated November 5, 2008, and 
EASA AD 2007-0276R1, dated March 18, 2010, both allow deferring the 
replacement. The commenter also noted that exhaustive data on cracks 
and crack growth are available on request.
    We disagree with the request to allow deferring the replacement 
required by paragraph (j) of the final rule. Our policy specifies the 
requirement to repair known cracks before further flight (though we 
might make exceptions to this policy in certain cases of unusual need). 
This policy is based on the fact that such damaged airplanes do not 
conform to the FAA-certificated type design and, therefore, are not 
airworthy until a properly approved repair is made. We consider the 
compliance times in this AD to be adequate to allow operators to 
acquire parts to have on hand in the event that a crack is detected 
during inspection. Therefore, we have determined that, due to the 
safety implications and consequences associated with such cracking, any 
subject 80VU rack lower central support that is found to be cracked 
must have associated corrective actions done before further flight. 
However, under the provisions of paragraph (m) of the final rule, we 
will consider requests for approval of an extension of the compliance 
time if sufficient data are submitted to substantiate that the new 
compliance time would provide an acceptable level of safety. We have 
not changed the AD in this regard.

Request To Allow Alternate Actions in Lieu of the Replacement in 
Paragraph (j) of the NPRM

    Lufthansa further requested that we allow alternative actions other 
than doing a replacement in accordance with Airbus Service Bulletin 
A320-53-1215, dated November 5, 2008, as specified in paragraph (j) of 
the NPRM. The commenter stated that Airbus Service Bulletin A320-53-
1215, dated November 5, 2008, and EASA AD 2007-0276R1, dated March 18, 
2010, both specify repairing or replacing the pyramid fitting in 
accordance with Airbus Service Bulletin A320-25A1555, dated June 14, 
2007; or Airbus Service Bulletin A320-25-1557, dated June 14, 2007; as 
applicable. The commenter stated that allowing only the replacement in 
accordance with Airbus Service Bulletin A320-53-1215, dated November 5, 
2008, is more restrictive to operators than necessary for continued 
flight safety.
    We disagree with the request to allow actions other than the 
replacement required by paragraph (j) of this AD. Doing the repair or 
replacement of the pyramid fitting in accordance with Airbus Service 
Bulletin A320-25A1555, dated June 14, 2007; or Airbus Service Bulletin 
A320-25-1557, dated June 14, 2007; as applicable; would require also 
doing repetitive inspections. We can better ensure long-term continued 
operational safety by design changes to remove the source of the 
problem, rather than by repetitive inspections. Long-term inspections 
might not provide the degree of safety necessary for the transport 
airplane fleet. This determination, along with a better understanding 
of the human factors associated with numerous continual inspections, 
has led us to consider placing less emphasis on inspections and more 
emphasis on design improvements. The replacement required by paragraph 
(j) of the final rule is consistent with these conditions. However, 
under the provisions of paragraph (m) of the final rule, we will 
consider requests for alternative methods of compliance if sufficient 
data are submitted to substantiate that the alternative actions would 
provide an acceptable level of safety. We have not changed this AD in 
this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

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

[[Page 75880]]

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 affects 678 products of U.S. registry. We 
also estimate that takes about 82 work-hours per product to comply with 
the basic requirements of this AD. The average labor rate is $85 per 
work-hour. Required parts cost about $2,592 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$6,483,036, or $9,562 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:

2010-24-07 Airbus: Amendment 39-16526. Docket No. FAA-2008-0670; 
Directorate Identifier 2007-NM-339-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
11, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132, 
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212, 
A321-213, A321-231, and A321-232 airplanes, certificated in any 
category, all manufacturer serial numbers, except airplanes on which 
Airbus Modification 34804 has been embodied in production or on 
which Airbus Service Bulletins A320-25-1557 and A320-53-1215 have 
been done in service.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings, and Code 53: Fuselage.

Reason

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

    Damage to the lower lateral fittings of the 80VU rack, typically 
elongated holes, migrated bushes [bushings], and/or missing bolts 
have been reported in-service. In addition damage to the lower 
central support fitting (including cracking) has been reported.
    In the worst case scenario a complete failure of the 80VU 
fittings in combination with a high load factor or strong vibration 
could lead to failure of the rack structure and/or computers or 
rupture/disconnection of the cable harnesses to one or more 
computers located in the 80VU. This rack contains computers for 
Flight Controls, Communication and Radio-navigation. These functions 
are duplicated across other racks but during critical phases of 
flight the multiple system failures/re-configuration may constitute 
an unsafe condition.
* * * * *

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 of the 80V Rack Lower Lateral Fittings

    (g) Prior to the accumulation of 24,000 total flight cycles, or 
within 500 flight cycles after the effective date of this AD, 
whichever occurs later: Do a special detailed inspection of the 80VU 
rack lower lateral fittings for damage (e.g., broken fitting, 
missing bolts, migrated bushings, material burr, or rack in contact 
with the fitting) of the 80VU rack lower lateral fittings, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A320-25A1555, Revision 02, dated November 5, 2008. 
Repeat the inspection thereafter at the interval specified in 
paragraph (g)(1) or (g)(2) of this AD, as applicable. Modifying the 
80VU lower lateral fittings, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-25-1557, Revision 02, 
dated November 5, 2008, terminates the inspection requirements of 
this paragraph.
    (1) For airplanes on which the 80VU rack lower lateral fittings 
have not been replaced in accordance with the Airbus Mandatory 
Service Bulletin A320-25A1555: Repeat the inspection thereafter at 
intervals not to exceed 4,500 flight cycles.
    (2) For airplanes on which the 80VU rack lower lateral fittings 
have been replaced in accordance with Airbus Mandatory Service 
Bulletin A320-25A1555: Do the next inspection within 24,000 flight 
cycles after doing the replacement and repeat the

[[Page 75881]]

inspection thereafter at intervals not to exceed 4,500 flight 
cycles.
    (h) If any damage is found during any inspection required by 
paragraph (g) of this AD, do all applicable corrective actions 
(inspection and/or repair) in accordance with the Accomplishment 
Instructions and timeframes given in Airbus Mandatory Service 
Bulletin A320-25A1555, Revision 02, dated November 5, 2008.

Repetitive Inspections of the 80V Rack Lower Central Support

    (i) Prior to the accumulation of 24,000 total flight cycles, or 
within 500 flight cycles after the effective date of this AD, 
whichever occurs later: Do a special detailed inspection of the 80VU 
rack lower central support for cracking, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-25A1555, Revision 02, dated November 5, 2008. Repeat the 
inspection thereafter at the interval specified in paragraph (i)(1) 
or (i)(2) of this AD, as applicable. Replacing the pyramid fitting 
on the 80VU rack with a new, reinforced fitting, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-53-
1215, dated November 5, 2008, terminates the inspection requirements 
of this paragraph.
    (1) For airplanes on which the 80VU rack lower central support 
has not been repaired or replaced in accordance with Airbus 
Mandatory Service Bulletin A320-25A1555 or Airbus Service Bulletin 
A320-25-1557: Repeat the inspection thereafter at the interval 
specified in paragraph (i)(1)(i) or (i)(1)(ii) of this AD, as 
applicable.
    (i) For airplanes on which the lower central support has 
accumulated 30,000 total flight cycles or more: At intervals not to 
exceed 500 flight cycles.
    (ii) For airplanes on which the lower central support has 
accumulated less than 30,000 total flight cycles: At intervals not 
to exceed 4,500 flight cycles, without exceeding 30,750 total flight 
cycles on the support for the first repetitive inspection.
    (2) For airplanes on which the 80VU rack lower central support 
has been repaired or replaced in accordance with Airbus Mandatory 
Service Bulletin A320-25A1555 or Airbus Service Bulletin A320-25-
1557: Do the next inspection within 24,000 flight cycles after the 
repair or replacement and thereafter repeat the inspection at the 
interval specified in paragraph (i)(1)(i) or (i)(1)(ii) of this AD, 
as applicable.
    (j) If any crack is found during any inspection required by 
paragraph (i) of this AD, before further flight, replace the pyramid 
fitting on the 80VU rack with a new, reinforced fitting, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1215, dated November 5, 2008. Doing this 
replacement terminates the inspection requirements of paragraph (i) 
of this AD.

Optional Terminating Action

    (k) Doing the actions specified in paragraphs (k)(1) and (k)(2) 
of this AD terminates the requirements of paragraphs (g) and (i) of 
this AD.
    (1) Replacing the pyramid fitting on the 80VU rack with a new, 
reinforced fitting, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1215, dated November 
5, 2008.
    (2) Modifying the 80VU lower lateral fittings, in accordance 
with Airbus Service Bulletin A320-25-1557, Revision 02, dated 
November 5, 2008.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (l) Actions done before the effective date of this AD in 
accordance with the service information identified in Table 1 of 
this AD are acceptable for compliance with the corresponding 
requirements of this AD.

                               Table 1--Previous Revisions of Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                   Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A320-   01.........................  February 18, 2008.
 25A1555.
Airbus Service Bulletin A320-25A1555....  Original...................  June 14, 2007.
Airbus Service Bulletin A320-25-1557....  Original...................  June 14, 2007.
Airbus Service Bulletin A320-25-1557....  01.........................  February 7, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI or service information allows further 
flight after cracks are found during compliance with the required 
action, paragraph (j) of this AD requires that you do a corrective 
action before further flight.
    (2) Although the MCAI specifies doing a repair or replacement 
and repetitive inspections after the repair or replacement is done 
if cracking is found in the 80VU rack lower central support, 
paragraph (j) of this AD requires that you perform a replacement, 
which eliminates the need for further repetitive inspections of the 
part.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, 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 
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. 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. The AMOC 
approval letter must specifically reference this AD.
    (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: A Federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (n) Refer to MCAI EASA Airworthiness Directive 2007-0276R1, 
dated March 18, 2010, (corrected April 12, 2010), and the service 
information identified in Table 2 of this AD, for related 
information.

                                      Table 2--Related Service Information
----------------------------------------------------------------------------------------------------------------
           Service information                   Revision level                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A320-   02.........................  November 5, 2008.
 25A1555.

[[Page 75882]]

 
Airbus Service Bulletin A320-25-1557....  02.........................  November 5, 2008.
Airbus Service Bulletin A320-53-1215....  Original...................  November 5, 2008.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (o) You must use the service information specified in paragraphs 
(o)(1) and (o)(2) of this AD, as applicable, unless the AD specifies 
otherwise.
    (1) For the actions required by this AD: Airbus Mandatory 
Service Bulletin A320-25A1555, excluding Appendix 1, Revision 02, 
dated November 5, 2008; and Airbus Service Bulletin A320-53-1215, 
dated November 5, 2008.
    (2) For the optional actions specified by this AD: Airbus 
Service Bulletin A320-25-1557, Revision 02, dated November 5, 2008; 
and Airbus Service Bulletin A320-53-1215, dated November 5, 2008.
    (3) 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.
    (4) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; e-mail [email protected]; Internet http://www.airbus.com.
    (5) You may review copies of the service information 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.
    (6) You may also review copies of the service information that 
is incorporated by reference 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 November 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-29457 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-13-P