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[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Proposed Rules]
[Pages 42716-42718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0455; Directorate Identifier 2014-NM-006-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 all 
Airbus Model A319 series airplanes, Model A320-211, -212, -214, -231, -
232, and -233 airplanes, and A321 series airplanes. This proposed AD 
was prompted by reports that 67during a full scale fatigue test, 
several broken frames in certain areas of the cargo compartment have 
been found, especially on the cargo floor support fittings and open 
tack holes on the left-hand side. This proposed AD would require a 
rototest inspection of the open tack holes and rivet holes at the cargo 
floor support fittings of the fuselage, modification of the fuselage, 
including doing all applicable related investigative actions, and 
repair if necessary. We are proposing this AD to detect and correct 
cracking in the open tack holes and rivet holes at the cargo floor 
support fittings of the fuselage, which could affect the structural 
integrity of the airplane.

DATES: We must receive comments on this proposed AD by September 8, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     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 account.airworth-eas@airbus.com; 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 by searching for and locating Docket No. FAA-2014-
0455; 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; telephone 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-2014-0455; 
Directorate Identifier 2014-NM-006-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 2013-0310, dated December 20, 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 a full scale fatigue test, several broken frames in the 
cargo compartment area between Frame (FR) 50 and FR 63, have been 
found, especially on the cargo floor support fittings and open tack 
holes on [the] left hand side.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the frames in the cargo compartment area 
and of the cargo floor support fittings and open tack holes on the 
left hand (LH) side, and depending on findings the accomplishment of 
applicable corrective action(s). This [EASA] AD also requires a 
modification, which constitutes terminating action for the 
repetitive inspections required by this [EASA] AD.

    The actions in this AD include a rototest inspection for cracking 
of the open tack holes and rivet holes at the cargo floor support 
fittings of the fuselage, modification of the fuselage, including doing 
all applicable related investigative actions, and repair if necessary. 
Related investigative actions include rotating probe inspections for 
cracking of the holes. You may examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2014-0455.

Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1257, dated December 21, 
2012, and Service Bulletin A320-53-1261, dated December 21, 2012. The

[[Page 42717]]

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 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 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 847 airplanes of U.S. 
registry.
    We also estimate that it would take about 471 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts (for the 
modification) would cost about $6,570 per product. Based on these 
figures, we estimate the cost of this proposed AD on U.S. operators to 
be $39,474,435, or $46,605 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.

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 proposed 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;

[[Page 42718]]

    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-2014-0455; Directorate Identifier 2014-NM-
006-AD.

(a) Comments Due Date

    We must receive comments by September 8, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; Model A320-211, -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 53, Fuselage.

(e) Reason

    This AD was prompted by reports that during a full scale fatigue 
test, several broken frames in certain areas of the cargo 
compartment have been found, especially on the cargo floor support 
fittings and open tack holes on the left-hand side. We are issuing 
this AD to detect and correct cracking in the open tack holes and 
rivet holes at the cargo floor support fittings 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 applicable compliance times specified in paragraphs 
(g)(1) through (g)(3) of this AD: Do a rototest inspection for 
cracking of the open tack holes and rivet holes at the cargo floor 
support fittings of the fuselage between frame (FR) 50 and FR 63 (LH 
side only) for Model A320-211, -212, -214, -231, -232, and -233 
airplanes, and A321 airplanes; and between FR 53 and FR 63 (LH side 
only) for Model A319 airplanes; in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1257, 
dated December 21, 2012. Repeat the inspection thereafter at 
intervals not to exceed 5,000 flight cycles or 10,000 flight hours, 
whichever occurs first.
    (1) For airplanes that have equal to or more than 45,000 total 
flight cycles or 90,000 total flight hours as of the effective date 
of this AD: Do the inspection in paragraph (g) of this AD within 
1,000 flight cycles or 2,000 flight hours after the effective date 
of this AD, whichever occurs first.
    (2) For airplanes that have equal to or more than 36,200 total 
flight cycles or 72,400 total flight hours, but less than 45,000 
total flight cycles and 90,000 total flight hours as of the 
effective date of this AD: Do the inspection in paragraph (g) of 
this AD within 2,000 flight cycles or 4,000 flight hours after the 
effective date of this AD, whichever occurs first, but no later than 
before the accumulation of 46,000 total flight cycles or 92,000 
total flight hours, whichever occurs first.
    (3) For airplanes that have less than 36,200 total flight cycles 
and 72,400 total flight hours as of the effective date of this AD: 
Do the inspection in paragraph (g) of this AD before exceeding 
38,200 total flight cycles or 76,400 total flight hours, whichever 
occurs first.

(h) Modification

    Before exceeding 48,000 total flight cycles or 96,000 total 
flight hours, whichever occurs first: Modify the fuselage, including 
doing all applicable related investigative actions, in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-53-1261, dated December 21, 2012. Do all related investigative 
actions before exceeding 48,000 total flight cycles or 96,000 total 
flight hours, whichever occurs first. Modification of the fuselage 
as required by this paragraph constitutes as a terminating action 
for the repetitive inspections required by paragraph (g) of this AD.

(i) 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.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 2013-0310, dated December 20, 
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 Docket No. FAA-2014-0455.
    (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 account.airworth-eas@airbus.com; 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 16, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17318 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P
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