[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22175-22178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08570]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1036; Directorate Identifier 2011-NM-122-AD; 
Amendment 39-17408; AD 2013-07-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain Airbus Model A319, A320, and A321 series airplanes. That AD 
currently requires installing spacer assemblies at the attachment 
points of the YZ-latches of the cargo loading system (CLS) in the 
forward and aft cargo compartments, as applicable. This new AD also 
requires modifying the attachment points of fixed YZ-latches of the CLS 
lower deck cargo holds on those airplanes on which one or both lower 
deck cargo holds have not been modified, which terminates the existing 
requirements. This AD was prompted by results from tests that have 
shown that the attachment points of the YZ-latches of the cargo loading 
system (CLS) fail under maximum loads and reports that installation has 
been applied only on one of the lower deck cargo holds, instead of on 
both forward and aft cargo holds, and that some airplanes could have 
installed the affected YZ-latches through the instructions of the cargo 
conversion manual. We are issuing this AD to prevent failure of the 
attachment points of the YZ-latches, which could result in unrestrained 
cargo causing damage to the fire protection system, hydraulic system, 
electrical wiring, or other equipment located in the forward and aft 
cargo compartments. This damage could adversely affect the continued 
safe flight of the airplane.

DATES: This AD becomes effective May 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 20, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of April 
12, 2007 (72 FR 10348, March 8, 2007).

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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405; 
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 October 4, 2012 (77 
FR 60653), and proposed to supersede AD 2007-05-13, Amendment 39-14974 
(72 FR 10348, March 8, 2007). That NPRM proposed to correct an unsafe 
condition for the specified products. The Mandatory Continuing 
Airworthiness Information (MCAI) states:

    Investigation has revealed that the installed Tie Down Points of 
YZ latches on the Cargo Loading System (CLS) of Airbus A319, A320 
and A321 aeroplanes do not withstand the

[[Page 22176]]

maximum loads in accordance with the certification requirements (CS 
25.787 ``Stowage compartments'').
    In case of failure of Tie Down Points, unrestrained cargo parts 
could cause damage in the Forward (FWD) and AFT lower deck cargo 
holds (e.g. air conditioning, fire protection system, hydraulic 
system, electrical wiring, etc.), and therefore could have an impact 
on the safety of the flight.
    EASA AD 2006-0184 [ which corresponds to FAA AD 2007-05-13, 
Amendment 39-14974 (72 FR 10348, March 8, 2007)] was issued to 
require the modification of the attachment points of fixed YZ 
latches of the CLS in both FWD and AFT lower deck cargo holds, as 
applicable to aeroplane configuration, in accordance with Airbus SB 
A320-25-1294 Revision 01.
    It has recently been identified that for some aeroplanes, Airbus 
SB A320-25-1294 Revision 01 has been applied only on one of the 
lower deck cargo holds (FWD or AFT) while both cargo compartments 
were concerned by the modification, and that some aeroplanes could 
have installed the affected YZ [latches] through the instructions of 
the Cargo Conversion Manual.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA AD 2006-0184, requires modification of the 
attachment points of fixed YZ latches of the CLS lower deck cargo 
holds on those aeroplanes on which one or both lower deck cargo 
holds have not been modified.
    This [EASA] AD also prohibits installation of the affected YZ 
latches, identified by Part Number (P/N) in Table 1 of Appendix 1 of 
this [EASA] AD, on any aeroplane as replacement parts, unless all 
the attachment points of the YZ latch have been modified.

    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 Clarify Terminating Action

    Airbus requested that we clarify the paragraph identifier specified 
in the last sentence of paragraph (g) of the NPRM (77 FR 60653, October 
4, 2012). Airbus suggested that the correct identifier should be 
paragraph (h) instead of paragraph (i) of the NPRM.
    We agree with the commenter and have revised paragraph (g) of this 
AD accordingly.

Request To Revise Airbus Contact Information

    Airbus requested that we revise the contact information reference 
to the Airbus office of airworthiness from EAW to EIAS.
    We agree and have revised the contact information specified in 
paragraph (l)(2) of this AD.

Additional Change Made to This AD

    We have removed table 1 to paragraph (h) from this AD. Instead, we 
have listed the subject part numbers in paragraphs (h)(1) through 
(h)(7) of this AD. This change does not affect the intent of that 
paragraph.

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 changes described previously--and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 60653, October 4, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 60653, October 4, 2012).

Costs of Compliance

    We estimate that this AD will affect about 740 products of U.S. 
registry.
    The actions that are required by AD 2007-05-13, Amendment 39-14974 
(72 FR 10348, March 8, 2007), and retained in this AD take about 4 
work-hours per product, at an average labor rate of $85 per work-hour. 
Required parts cost about $2,049 per product. Based on these figures, 
the estimated cost of the currently required actions is $2,389 per 
product.
    We estimate that it will take about 15 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost up to $2,656 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 up to $2,908,940, or $3,931 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (77 FR 60653, October 4, 
2012), 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

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 22177]]

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 removing airworthiness directive (AD) 
2007-05-13, Amendment 39-14974 (72 FR 10348, March 8, 2007), and adding 
the following new AD:

2013-07-04 Airbus: Amendment 39-17408. Docket No. FAA-2012-1036; 
Directorate Identifier 2011-NM-122-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 20, 
2013.

(b) Affected ADs

    This AD supersedes AD 2007-05-13, Amendment 39-14974 (72 FR 
10348, March 8, 2007).

(c) Applicability

    This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, 
-211, -212, -213, -231, and -232 airplanes; certificated in any 
category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by results from tests that have shown that 
the attachment points of the YZ-latches of the cargo loading system 
(CLS) fail under maximum loads and reports that installation has 
been applied only on one of the lower deck cargo holds, instead of 
on both forward and aft cargo holds, and that some airplanes could 
have installed the affected YZ-latches through the instructions of 
the cargo conversion manual. We are issuing this AD to prevent 
failure of the attachment points of the YZ-latches, which could 
result in unrestrained cargo causing damage to the fire protection 
system, hydraulic system, electrical wiring, or other equipment 
located in the forward and aft cargo compartments. This damage could 
adversely affect the continued safe flight of the airplane.

(f) Compliance

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

(g) Retained Spacer Assembly Installation

    This paragraph restates the requirements of paragraph (f) of AD 
2007-05-13, Amendment 39-14974 (72 FR 10348, March 8, 2007). For 
Airbus Model A319, A320, and A321 series airplanes identified in 
paragraphs (g)(1) and (g)(2) of this AD: Within 36 months after 
April 12, 2007 (the effective date of AD 2007-05-13), install spacer 
assemblies at the attachment points of the YZ-latches of the CLS in 
the forward and aft cargo compartments, as applicable, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-25-1294, Revision 02, dated September 5, 2006. Accomplishing 
the actions in paragraph (h) of this AD terminates the requirements 
of paragraph (g) of this AD.
    (1) Airplanes on which one of the following has been 
incorporated in production: Airbus Modification 20065, 20040, 24495, 
24848, 24496, 21895, 21896, 25905, 25907, 22601, 22602, 27187, 
28319, 28322, 28330, 28335, or 31797.
    (2) Airplanes on which one of the following has been 
incorporated in service: Airbus Service Bulletin A320-25-1132, A320-
25-1133, A320-25-1145, A320-25-1175, A320-25-1177, A320-25-1276, 
A320-25-1278, A320-28-1134, or A320-28-1141.

(h) New Modification

    Except for Model A319, A320, and A321 series airplanes on which 
both Airbus Modifications 32244 and 32245, or both Airbus 
Modifications 32316 and 32317, have been incorporated in production, 
and on which no YZ-latch replacements have been made since first 
flight: Within 20 months after the effective date of this AD, modify 
the attachment points of fixed YZ-latches of the CLS, having a part 
number (P/N) listed in paragraphs (h)(1) through (h)(7) of this AD, 
in both forward and aft lower deck cargo holds by adding spacer 
assemblies having P/N D2557232700000, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A320-25-1294, Revision 06, dated July 23, 2010. Accomplishing the 
actions specified in paragraph (h) of this AD terminates the 
requirements of paragraph (g) of this AD.
    (1) P/N D 255 7 2380 000.
    (2) P/N D 255 7 2380 002.
    (3) P/N D 255 7 2380 006.
    (4) P/N D 255 7 2380 008.
    (5) P/N D 255 7 2350 002.
    (6) P/N D 255 7 2350 004.
    (7) P/N D 255 7 2350 006.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
the CLS of any airplane, a YZ-latch having a part number listed in 
paragraphs (h)(1) through paragraph (h)(7) of this AD, unless it has 
been modified in accordance with the requirements of paragraph (h) 
of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the installation required 
by paragraph (g) of this AD, if the installation was performed 
before April 12, 2007 (the effective date of AD 2007-05-13, 
Amendment 39-14974 (72 FR 10348, March 8, 2007), using Airbus 
Service Bulletin A320-25-1294, dated March 14, 2003; or Revision 01, 
dated March 27, 2006. Neither service bulletin is incorporated by 
reference in this AD.
    (2) This paragraph provides credit for the modification required 
by paragraph (h) of this AD, if the modification was performed 
before the effective date of this AD using any of the following 
service information, and the additional work is done in accordance 
with the applicable instructions referenced as ``ADDITIONAL WORK'' 
in the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A320-25-1294, Revision 06, dated July 23, 2010.
    (i) Airbus Service Bulletin A320-25-1294, dated March 14, 2003.
    (ii) Airbus Service Bulletin A320-25-1294, Revision 01, dated 
March 27, 2006.
    (iii) Airbus Service Bulletin A320-25-1294, Revision 02, dated 
September 5, 2006.
    (iv) Airbus Mandatory Service Bulletin A320-25-1294, Revision 
03, dated January 22, 2007.
    (v) Airbus Mandatory Service Bulletin A320-25-1294, Revision 04, 
dated March 13, 2008.
    (vi) Airbus Mandatory Service Bulletin A320-25-1294, Revision 
05, dated January 22, 2009.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Sanjay 
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone (425) 227-1405; fax (425) 227-1149. Information may 
be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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.

(l) Related Information

    (1) Refer to MCAI European Aviation Safety Agency AD 2011-0077, 
dated May 5, 2011; and the following service information; for 
related information.
    (i) Airbus Mandatory Service Bulletin A320-25-1294, Revision 06, 
dated July 23, 2010.
    (ii) Airbus Service Bulletin A320-25-1294, Revision 02, dated 
September 5, 2006.
    (2) For service information identified in this AD, contact 
Airbus SAS--EIAS (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email account.airworth-

[[Page 22178]]

[email protected]; Internet http://www.airbus.com.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
May 20, 2013.
    (i) Airbus Mandatory Service Bulletin A320-25-1294, Revision 06, 
dated July 23, 2010.
    (ii) Reserved.
    (4) The following service information was approved for IBR on of 
April 12, 2007 (72 FR 10348, March 8, 2007).
    (i) Airbus Service Bulletin A320-25-1294, Revision 02, dated 
September 5, 2006.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Airbus SAS--EIAS (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email [email protected]; 
Internet http://www.airbus.com.
    (6) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08570 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P