[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Rules and Regulations]
[Pages 72124-72126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28141]



[[Page 72124]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0193; Directorate Identifier 2013-NM-234-AD; 
Amendment 39-18040; AD 2014-24-07]
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 adopting a new airworthiness directive (AD) for certain 
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was 
prompted by a report of a crack found in the fuselage during a fatigue 
test campaign. This AD requires repetitive rototest inspections for 
cracking; corrective actions if necessary; and modification of the 
torsion box, which would terminate the repetitive inspections. We are 
issuing this AD to prevent cracking in the side box beam flange of the 
fuselage, which could affect the structural integrity of the airplane.

DATES: This AD becomes effective January 9, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 9, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0193; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus, 
Airworthiness Office--EIAS, 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.

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 by adding an AD that would apply to certain Airbus Model A318, 
A319, A320, and A321 series airplanes. The NPRM published in the 
Federal Register on April 10, 2014 (79 FR 19846).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0261, dated October 28, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Airbus Model 
A318, A319, A320, and A321 series airplanes. The MCAI states:

    During the full scale fatigue test campaign of the A320 family 
type design, a crack was reported in the fuselage side box beam 
flange at frame (FR) 43 level, both sides.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    For the reason describe above, this [EASA] AD requires 
repetitive inspections of the fuselage side box beam flange at FR43, 
and, depending on findings, corrective action(s) [repair]. This 
[EASA] AD also requires a modification, which constitutes 
terminating action for the repetitive inspections.

The modification includes related investigative and corrective actions. 
The related investigative actions include a rotoprobe inspection of the 
holes for cracks, and a high frequency eddy current (HFEC) inspection 
for cracks. The corrective action includes repair. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0193-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 19846, April 10, 2014) and the FAA's response to each comment.

Request To Remove Requirement To Refer to This AD in Repair Approvals

    Airlines for America, Inc. (A4A), on behalf of several affected 
member airlines, requested that we revise paragraphs (h), (i), and 
(l)(2) of the NPRM (79 FR 19846, April 10, 2014) to remove the 
requirement to include the AD reference in repair approvals. The 
commenters have made this request because this proposed requirement is 
overly broad and would add significant cost and complexity to their 
operations. The commenters were concerned that this proposed 
requirement would set a precedent for how repairs are approved, and 
could negatively affect all U.S. operators of foreign-manufactured 
airplanes.
    We concur with the commenters' request to remove from this AD the 
requirement that repair approvals specifically refer to this 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 the NPRM (79 FR 19846, April 10, 2014), 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 
this 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 ``the Design Approval Holder (DAH) with a 
State of Design Authority's design organization approval (DOA)'' to 
refer to a DAH authorized to approve required repairs for the proposed 
AD.
    Comments were provided to the NPRM (79 FR 19846, April 10, 2014) 
about these proposed changes. One commenter, UPS, 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

[[Page 72125]]

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 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 that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the actions must be accomplished using a 
method approved by the FAA, 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 afforded previously 
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 AD 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.
    Other commenters pointed out that in many cases the foreign 
manufacturer's service bulletin and the foreign authority's MCAI may 
have been issued some time before the FAA AD. Therefore, the DOA may 
have provided U.S. operators with an approved repair, developed with 
full awareness of the unsafe condition, before the FAA AD is issued. 
Under these circumstances, to comply with the FAA AD, the operator 
would be required to go back to the manufacturer's DOA and obtain a new 
approval document, adding time and expense to the compliance process 
with no safety benefit.
    Based on these comments, we removed the requirement from this AD 
that the DAH-provided repair specifically refer to this AD. Before 
adopting such a requirement in the future, the FAA will coordinate with 
affected DAHs and verify they are prepared to implement means to ensure 
that their repair approvals consider the unsafe condition addressed in 
an AD. Any such requirements will be adopted through the normal AD 
rulemaking process, including notice-and-comment procedures, when 
appropriate.
    We have also decided not to include a generic reference to either 
the ``delegated agent'' or the ``DAH with State of Design Authority 
design organization approval,'' but instead we will provide the 
specific delegation approval granted by the State of Design Authority 
for the DAH.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 19846, April 10, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 19846, April 10, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it would take about 178 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work hour. Required parts would cost about 
$31,334 per product. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $39,540,864, or $46,464 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0193; 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 Operations office (telephone

[[Page 72126]]

800-647-5527) is in the ADDRESSES section.

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:

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):

2014-24-07 Airbus: Amendment 39-18040. Docket No. FAA-2014-0193; 
Directorate Identifier 2013-NM-234-AD.

(a) Effective Date

    This AD becomes effective January 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-111, -112, -121, and -122 
airplanes; 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 on which Airbus Modification 21202 has 
been embodied in production, except those on which Modification 
152569 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 a crack found in the side 
box beam flange of the fuselage at the frame (FR) 43 level during a 
fatigue test campaign. We are issuing this AD to prevent cracking in 
the side box beam flange of the fuselage, which could affect the 
structural integrity of the airplane.

(f) Compliance

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

(g) Inspection

    At the time specified in paragraph (g)(1) or (g)(2) of this AD, 
whichever occurs later: Do a rototest inspection for cracking of the 
beam flange of the stiffener 15 side box on the left- and right-hand 
sides in the FR43 area, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1258, dated October 
18, 2012. Repeat the inspection thereafter at intervals not to 
exceed 7,500 flight cycles or 15,000 flight hours, whichever occurs 
first.
    (1) Before exceeding 24,000 flight cycles or 48,000 flight 
hours, whichever occurs first since the airplane's first flight.
    (2) Within 3,000 flight cycles or 6,000 flight hours, whichever 
occurs first after the effective date of this AD.

(h) Corrective Action

    If any crack is found during any inspection required by 
paragraph (g) of 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).

(i) Modification

    Before exceeding 48,000 flight cycles or 96,000 flight hours, 
whichever occurs first since the airplane's first flight: Modify the 
fittings on the left- and right-hand sides of the torsion box, 
including doing all applicable related investigative and corrective 
actions, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-53-1251, Revision 01, dated October 18, 
2013; except where Airbus Service Bulletin A320-53-1251, Revision 
01, dated October 18, 2013, specifies to contact Airbus for repair, 
before further flight, repair using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or EASA; or Airbus's EASA DOA.

(j) Terminating Action

    Modification of the airplane as required by paragraph (i) of 
this AD constitutes terminating action for the repetitive 
inspections required by paragraph (g) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Service Bulletin A320-53-1251, dated 
November 16, 2012, which is not incorporated by reference in this 
AD.

(l) 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) 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 EASA; or 
Airbus's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0261, dated October 28, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0193-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-53-1251, Revision 01, dated 
October 18, 2013.
    (ii) Airbus Service Bulletin A320-53-1258, dated October 18, 
2012.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 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.
    (4) 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.
    (5) 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 November 19, 2014.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28141 Filed 12-4-14; 8:45 am]
BILLING CODE 4910-13-P