[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Pages 5790-5792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2481]



[[Page 5790]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-177-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A320 
series airplanes, that currently requires repetitive inspections to 
detect fatigue cracking of the lower surface panel on the wing center 
box; and repair if necessary. That AD also requires modification of the 
lower surface panel on the wing center box, which constitutes 
terminating action for the repetitive inspections. This action would 
reduce the compliance times for the inspections required by the 
existing AD. The actions specified by the proposed AD are intended to 
prevent fatigue cracking of the lower surface panel on the wing center 
box, which could result in reduced structural integrity of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-177-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#477e6a26292a6a2937352a24282a2a2229330721262669202831"><span class="__cf_email__" data-cfemail="1d24307c737030736d6f707e7270707873695d7b7c7c337a726b">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-177-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet<ls-thn-eq> Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
    <bullet<ls-thn-eq> For each issue, state what specific change to 
the proposed AD is being requested.
    <bullet<ls-thn-eq> Include justification (e.g., reasons or data) 
for each request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-177-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-177-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On August 19, 1998, the FAA issued AD 98-22-05, amendment 39-10851 
(63 FR 56542, October 22, 1998), applicable to certain Airbus Model 
A320 series airplanes, to require repetitive inspections to detect 
fatigue cracking of the lower surface panel on the wing center box; and 
repair if necessary. That AD also requires modification of the lower 
surface panel on the wing center box, which constitutes terminating 
action for the repetitive inspections. That action was prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The requirements of that AD are intended 
to prevent fatigue cracking of the lower surface panel on the wing 
center box, which could result in reduced structural integrity of the 
airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 98-22-05, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A320 series airplanes. The 
DGAC advises that a full-scale fatigue survey on the Model A320 fleet 
revealed that the weight of fuel at landing and the average flight 
duration are higher than those defined for the analysis of fatigue-
related tasks. This has led to an adjustment of the fatigue mission for 
the A320 fleet, in that the DGAC has required compliance thresholds and 
repetitive intervals for accomplishment of the inspections for fatigue 
cracking shorter than those required by AD 98-22-05. Fatigue-related 
cracking of the lower surface panel on the wing center box could result 
in reduced structural integrity of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1082, Revision 03, dated 
April 30, 2002. The procedures specified in Revision 03 are essentially 
the same as those in Revision 01 of the service bulletin, which was 
referenced in the existing AD for accomplishment of the inspections and 
corrective action. However, Revision 03 has a change that recommends a 
reduction in the compliance thresholds and repetitive intervals 
specified in Revision 01.
    Airbus also has issued Service Bulletin A320-57-1043, Revision 05, 
dated April 30, 2002. The procedures in Revision 05 are essentially the 
same as those in Revision 02 of the service bulletin, which was 
referenced in the

[[Page 5791]]

existing AD for accomplishment of the modification. Revision 05 
recommends a reduction in the compliance thresholds specified in 
Revision 03, and contains editorial changes.
    The DGAC classified these service bulletins as mandatory and issued 
French airworthiness directive 2002-342(B), dated June 26, 2002, to 
ensure the continued airworthiness of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept us informed of the 
situation described above. We have examined the findings of the DGAC, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would supersede AD 98-22-05 to 
continue to require repetitive inspections to detect fatigue cracking 
of the lower surface panel on the wing center box; and repair if 
necessary. The proposed AD also would continue to require modification 
of the lower surface panel on the wing center box, which constitutes 
terminating action for the repetitive inspections. This new action 
would reduce both the threshold and repetitive intervals for the 
inspections for fatigue cracking of the same area. The actions would be 
required to be accomplished in accordance with the service bulletins 
described previously, except as discussed below.

Differences Between Proposed AD and Service Information

    Although Airbus Service Bulletin A320-57-1082, Revision 03, 
specifies that the manufacturer may be contacted for disposition of 
certain repair conditions, this proposed AD would require the repair of 
those conditions to be accomplished in accordance with a method 
approved by either us or the DGAC (or its delegated agent). In light of 
the type of repair that would be required to address the identified 
unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, we have determined that a repair approved by 
either us or the DGAC (or its delegated agent) would be acceptable for 
compliance with this proposed AD.
    Unlike the procedures described in Service Bulletin A320-57-1082, 
this proposed AD would not permit further flight if fatigue cracks are 
detected on the lower surface panel of the wing center box. We have 
determined that, because of the safety implications and consequences 
associated with such fatigue cracking, any subject lower surface panel 
that is found to be cracked must be repaired prior to further flight in 
accordance with a method approved by either us or the DGAC (or its 
delegated agent).
    Service Bulletin A320-57-1082 describes procedures for completing 
and submitting a sheet recording compliance with the service bulletin. 
This proposed AD would not require those actions; we do not need this 
information from operators.

Work Hour Rate Increase

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 60 airplanes of U.S. registry that would be 
affected by this proposed AD. This proposed AD would reduce the 
compliance time for the inspections required by AD 98-22-05, and 
consequently adds no additional costs or work. The current costs 
associated with that AD are repeated as follows for the convenience of 
affected operators:
    The inspections that are currently required by AD 98-22-05, and 
retained in this proposed AD, take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of the currently required 
inspections is estimated to be $130 per airplane, per inspection cycle.
    The modification that is currently required by AD 98-22-05, and 
retained in this proposed AD, would take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hours. 
There are no parts necessary to accomplish the modification. Based on 
these figures, the cost impact of the modification currently required 
is estimated to be $130 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 5792]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment AD 39-10851 (63 
FR 56542, October 22, 1998), and by adding a new airworthiness 
directive (AD), to read as follows:

Airbus: Docket 2002-NM-177-AD. Supersedes AD 98-22-05, Amendment 39-
10851.

    Applicability: Model A320 series airplanes, certificated in any 
category, on which Airbus Modification 22418 (reference Airbus 
Service Bulletin A320-57-1043) has not been done.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracking of the lower surface panel on the 
wing center box, which could result in reduced structural integrity 
of the airplane, accomplish the following:

Restatement of Requirements of AD 98-22-05

Repetitive Inspections

    (a) Except as provided by paragraph (e) of this AD: Prior to the 
accumulation of 20,000 total flight cycles, or within 60 days after 
November 27, 1998 (the effective date of AD 98-22-05, amendment 39-
10851), whichever occurs later, perform a high frequency eddy 
current inspection to detect fatigue cracking of the lower surface 
panel on the wing center box, in accordance with Airbus Service 
Bulletin A320-57-1082, Revision 01, dated December 10, 1997, or 
Revision 03, dated April 30, 2002. Repeat the eddy current 
inspection thereafter at intervals not to exceed 7,500 flight cycles 
until the actions required by paragraph (c) of this AD are 
accomplished.

Repair

    (b) Except as provided by paragraph (d) of this AD: If any 
cracking is detected during any inspection required by paragraph (a) 
of this AD, prior to further flight, repair in accordance with 
Airbus Service Bulletin A320-57-1082, Revision 01, dated December 
10, 1997, or Revision 03, dated April 30, 2002. Accomplishment of 
the repair constitutes terminating action for the repetitive 
inspections for the repaired area only.

Inspection/Modification/Repair

    (c) Prior to the accumulation of 25,000 total flight cycles, or 
within 60 days after November 27, 1998, whichever occurs later: 
Perform a high frequency eddy current inspection to detect fatigue 
cracking of the lower surface panel on the wing center box, in 
accordance with Airbus Service Bulletin A320-57-1082, Revision 01, 
dated December 10, 1997, or Revision 03, dated April 30, 2002.
    (1) If no cracking is detected: Prior to further flight, modify 
the lower surface panel on the wing center box, in accordance with 
Airbus Service Bulletin A320-57-1043, Revision 02, dated May 14, 
1997, or Revision 05, dated April 30, 2002. Accomplishment of the 
modification constitutes terminating action for the requirements of 
paragraph (a) of this AD.
    (2) Except as provided by paragraph (d) of this AD, if any 
cracking is detected: Prior to further flight, repair in accordance 
with Airbus Service Bulletin A320-57-1082, Revision 01, dated 
December 10, 1997, or Revision 03, dated April 30, 2002; and modify 
any uncracked area in accordance with Airbus Service Bulletin A320-
57-1043, Revision 02, dated May 14, 1997, or Revision 05, dated 
April 30, 2002. Accomplishment of the repair of cracked area(s) and 
modification of uncracked area(s) constitutes terminating action for 
the requirements of paragraph (a) of this AD.
    (d) If any cracking is detected during any inspection required 
by paragraph (b) or (c)(2) of this AD, and the applicable service 
bulletin specifies to contact Airbus for an appropriate action: 
Prior to further flight, repair in accordance with a method approved 
by either the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate; or the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (or its delegated agent).
    (e) The actions required by paragraph (a) of this AD are not 
required to be accomplished if the requirements of paragraph (c) of 
this AD are accomplished at the time specified in paragraph (a) of 
this AD.

New Requirements of This AD

Initial Inspection

    (f) For airplanes on which the inspection required by paragraph 
(a) of this AD has not been done before the effective date of this 
AD: Perform a high frequency eddy current inspection to detect 
fatigue cracking of the lower surface panel on the wing center box, 
in accordance with Airbus Service Bulletin A320-57-1082, Revision 
01, dated December 10, 1997; or Revision 03, dated April 30, 2002; 
at the later of the times specified in paragraphs (f)(1) and (f)(2) 
of this AD. Accomplishment of the inspections required by this 
paragraph terminates the requirements of paragraph (a) of this AD.
    (1) Prior to the accumulation of 13,200 total flight cycles or 
39,700 total flight hours, whichever is first.
    (2) Prior to the accumulation of 20,000 total flight cycles, or 
within 3,500 flight cycles after the effective date of this AD, 
whichever is first.

Repetitive Inspections

    (g) If no cracking is detected during the inspection required by 
paragraph (a) or (f) of this AD: Repeat the inspection at the 
applicable time specified in paragraph (g)(1) or (g)(2) of this AD.
    (1) For airplanes on which the inspections required by paragraph 
(a) of this AD have been done before the effective date of this AD: 
Do the next inspection within 5,700 flight cycles after 
accomplishment of the last inspection, or within 1,800 flight cycles 
after the effective date of this AD, whichever is later. Repeat the 
inspection thereafter at intervals not to exceed 5,700 flight 
cycles.
    (2) For airplanes on which no inspection required by paragraph 
(a) of this AD has been done before the effective date of this AD: 
Do the next inspection within 5,700 flight cycles after 
accomplishment of the inspection required by paragraph (f) of this 
AD. Repeat the inspection thereafter at intervals not to exceed 
5,700 flight cycles.

Repair/Modification

    (h) If any cracking is detected during any inspection required 
by paragraph (f) or (g) of this AD, prior to further flight, repair 
in accordance with Airbus Service Bulletin A320-57-1082, Revision 
01, dated December 10, 1997; or Revision 03, dated April 30, 2002; 
and modify any uncracked area in accordance with Airbus Service 
Bulletin A320-57-1043, Revision 02, dated May 14, 1997; or Revision 
05, dated April 30, 2002. Where Service Bulletin A320-57-1082 
specifies to contact Airbus for an appropriate repair action: Prior 
to further flight, repair in accordance with a method approved by 
either the Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate; or the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) (or its delegated agent). Accomplishment of 
the repair of cracked area(s) and modification of uncracked area(s) 
constitutes terminating action for the requirements of this AD.

Actions Done per Previous Issues of Service Bulletins

    (i) Accomplishment of inspections and repairs before the 
effective date of this AD in accordance with Airbus Service Bulletin 
A320-57-1082, Revision 02, dated July 26, 1999; and accomplishment 
of the modification before the effective date of this AD in 
accordance with Airbus Service Bulletin Airbus Service Bulletin 
A320-57-1043, dated February 16, 1993; Revision 01, dated June 14, 
1996; Revision 03, dated October 24, 1997; or Revision 04, dated 
March 15, 1999; are considered acceptable for compliance with the 
applicable actions specified in this AD.

Alternative Methods of Compliance

    (j) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, is authorized to approve alternative methods of 
compliance for this AD.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2002-342(B), dated June 26, 2002.


    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2481 Filed 2-5-04; 8:45 am]
BILLING CODE 4910-13-P


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