[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Proposed Rules]
[Pages 41940-41943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16950]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0453; Directorate Identifier 2013-NM-205-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes. This proposed AD was prompted by a report of cracking at the 
splice plate of a frame butt joint crossing area found during full-
scale fatigue testing. This proposed AD would require repetitive 
inspections for cracking of both sides of the splice plate of that 
frame butt joint crossing area, and corrective action if necessary. 
This proposed AD would also provide for an optional modification, which 
would terminate the repetitive inspections. We are proposing this AD to 
detect and correct fatigue cracking of the splice plate of the frame 47 
butt joint crossing area, which could result in reduced structural 
integrity of the airplane.

DATES: We must receive comments on this proposed AD by September 2, 
2014.

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 41941]]

     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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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; email [email protected]; Internet http://www.airbus.com. You may view this referenced 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.

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 proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-1405; fax: 
425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0453; 
Directorate Identifier 2013-NM-205-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0203, dated September 6, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During the full scale fatigue test on A320-200, cracks were 
reported at the splice plate of the frame (FR) 47 butt joint 
crossing area, both sides.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    Prompted by these findings, Airbus developed Mod 31012 and 
introduced this on the production line to modify the current 2 
fastener row butt joint into a 3 fastener row butt joint to prevent 
further damage. For in-service aeroplanes, a corresponding 
modification was developed and published as Airbus Service Bulletin 
(SB) A320-53-1271.
    For the reason described above, this [EASA] AD requires 
repetitive special detailed inspections (SDI) of the splice plate of 
the FR47 butt joint crossing area and, depending on findings, 
accomplishment of applicable corrective action(s).
    This [EASA] AD also introduces an optional modification, which 
constitutes terminating action for the repetitive SDI required by 
this [EASA] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0453.

Relevant Service Information

    Airbus has issued Service Bulletins A320-53-1260, dated December 
19, 2012, and A320-53-1271, dated December 18, 2012. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed 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.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the

[[Page 41942]]

manufacturer for deviations to the requirements of the AD-mandated 
actions. The Airworthy Product paragraph only addresses the requirement 
to contact the manufacturer for corrective actions for the identified 
unsafe condition and does not cover deviations from other AD 
requirements. However, deviations to AD-required actions are addressed 
in 14 CFR 39.17, and anyone may request the approval for an alternative 
method of compliance to the AD-required actions using the procedures 
found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 229 airplanes of U.S. 
registry.
    We also estimate that it would take about 98 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $1,907,570, or 
$8,330 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    In addition, we estimate that any necessary follow-on actions would 
take about 100 work-hours and require parts costing $1,150, for a cost 
of $9,650 per product. We have no way of determining the number of 
aircraft that might need this action.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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);
    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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 (AD):

Airbus: Docket No. FAA-2014-0453; Directorate Identifier 2013-NM-
205-AD.

(a) Comments Due Date

    We must receive comments by September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A320-211, -212, -214, -231, -
232, and -233 airplanes, certificated in any category, all 
manufacturer serial numbers, except those on which Airbus 
Modification 31012 has been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of cracking at the splice plate 
of the frame (FR) 47 butt joint crossing area found during full-
scale fatigue testing. We are issuing this AD to detect and correct 
fatigue cracking of the splice plate of the FR47 butt joint crossing 
area, which could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections

    At the applicable time specified in paragraph (g)(1), (g)(2), or 
(g)(3) of this AD: Do a special detailed inspection (rototest) for 
cracking of both sides of the splice plate of the FR47 butt joint 
crossing area, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-53-1260, dated December 19, 2012. 
Repeat the inspection thereafter at intervals not to exceed 14,800 
flight cycles or 29,600 flight hours, whichever occurs first.
    (1) For airplanes that, as of the effective date of this AD, 
have accumulated 44,000 or more total flight cycles or 88,000 or 
more

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total flight hours since first flight of the airplane: Do the 
inspection within 1,500 flight cycles or 3,000 flight hours after 
the effective date of this AD, whichever occurs first.
    (2) For airplanes that, as of the effective date of this AD, 
have accumulated 27,700 or more total flight cycles or 55,400 or 
more total flight hours, but fewer than 44,000 total flight cycles 
or 88,000 total flight hours since first flight of the airplane: Do 
the inspection within 3,000 flight cycles or 6,000 flight hours 
after the effective date of this AD, without exceeding 45,500 total 
flight cycles or 91,000 total flight hours since first flight of the 
airplane, whichever occurs first.
    (3) For airplanes that, as of the effective date of this AD, 
have accumulated fewer than 27,700 total flight cycles and less than 
55,400 total flight hours since first flight of the airplane: Do the 
inspection before the accumulation of 30,700 total flight cycles or 
61,400 total flight hours since first flight of the airplane, 
whichever occurs first.

(h) Corrective Action

    If any crack is found during any inspection required by this AD: 
Before further flight, repair using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA); or 
Airbus's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.

(i) Optional Modification

    Accomplishing the modification of the splice plate of the FR47 
butt joint in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-53-1271, dated December 18, 2012, 
constitutes terminating action for the repetitive inspections 
required by paragraph (g) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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. 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; phone: 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0203, dated September 6, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating it in Docket No. FAA-2014-0453.
    (2) 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; email [email protected]; Internet http://www.airbus.com. You may view this 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.

    Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16950 Filed 7-17-14; 8:45 am]
BILLING CODE 4910-13-P