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[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65808-65810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26198]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0427; Directorate Identifier 2011-NM-202-AD; 
Amendment 39-17233; AD 2012-21-17]
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 A320-214 and -232 airplanes. This AD was prompted by 
reports that medium-head fasteners were installed in lieu of shear-head 
fasteners on a certain upper panel, which manufacturer fatigue and 
damage tolerance analyses demonstrated could have an effect on panel 
fatigue life. This AD requires repetitive inspections for cracking of 
certain fasteners, and repairs if necessary. We are issuing this AD to 
detect and correct such cracking, which could result in the loss of 
structural integrity of the airplane.

DATES: This AD becomes effective December 5, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 5, 
2012.

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 May 8, 2012 (77 FR 
26996). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    A problem was reported during the installation of upper panels 
on Frame 35 in Airbus A320 final assembly line. Investigations 
revealed that medium head fasteners, Part Number (P/N) EN6114V3, 
were installed in lieu of shear head fasteners, P/N ASNA2657V3 and 
ASNA2043V3, which were previously used. Installation of these medium 
head fasteners leads to a deeper countersink in the panel. Fatigue 
and damage tolerance analyses were performed, the results of which 
demonstrated that this installation could have a fatigue impact on 
two rows of fasteners between stringers (STGR) 5 and 6, and 
indicated the need for a specific inspection in this area.
    This condition, if not detected and corrected, could impair the 
structural integrity of the affected aeroplanes.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD requires repetitive special detailed [high 
frequency eddy current] inspections [for cracking] of the affected 
fasteners and, depending on findings, the accomplishment of 
associated corrective actions [repair].

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 have considered the comments received.

[[Page 65809]]

Support for the NPRM (77 FR 26996, May 8, 2012)

    Mr. Jason Aldrich stated that it appears from the analysis gathered 
that the repairs/modifications (proposed by the NPRM (77 FR 26996, May 
8, 2012)) could significantly reduce potential damage to the airplane, 
which would directly result in improved safety for persons.

Request To Clarify Repair Approval

    Airbus requested that we revise paragraph (h) of the NPRM (77 FR 
26996, May 8, 2012) to clarify that any Repair Approval Sheet (RAS) 
approved under authority of Airbus Design Organization Approval (DOA) 
number EASA 21J.031 is acceptable as a repair method for the EASA or 
its delegated agent.
    We disagree to change the AD because a change is not necessary. 
Paragraph (h) of the AD allows repairs approved by EASA or its 
delegated agent. We understand that Airbus has discretion to provide 
repair to their operators that meets the certification basis of the 
airplane and mitigates the unsafe condition addressed in the AD. We 
have not changed the AD in this regard.

Request for Terminating Action

    Airbus requested that we allow a repair performed according to the 
proposed requirements in paragraph (h) of the NPRM (77 FR 26996, May 8, 
2012) as terminating action, as stated in paragraph (3) of EASA 
Airworthiness Directive 2011-0176, dated September 13, 2011.
    We disagree to allow repairs as terminating action in this AD. The 
action identified by EASA in its AD is not necessarily terminating 
action. Under the provision of paragraph (i) of this AD, we will 
consider requests for approval of an alternative method of compliance 
(AMOC) if sufficient data are submitted to substantiate that a proposed 
repair meets an acceptable level of safety as terminating action for 
the repetitive inspections. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 26996, May 8, 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 26996, May 8, 2012).

Costs of Compliance

    We estimate that this AD will affect 44 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $11,220, or $255 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. We 
have no way of determining the number of products that may need these 
actions.

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 26996, May 8, 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:

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 AD:

2012-21-17 Airbus: Amendment 39-17233. Docket No. FAA-2012-0427; 
Directorate Identifier 2011-NM-202-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 5, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A320-214 and -232 airplanes; 
certificated in any category; manufacturer serial numbers 3456, 
3503, 3516, 3529, 3591, 3597, 3611, 3631, 3696, 3698, 3714, 3719, 
3775, 3777, 3780, 3782, 3786, 3797, 3805, 3812, 3870, 3907, 3909, 
3913, 3922, 3929, 3946, 3953, 3975, 3979, 3991, 4010, 4012, 4014, 
4027, 4034, 4043, 4046, 4064, 4065, 4084, 4093, 4094, and 4097.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that medium-head fasteners were 
installed in lieu of shear-head fasteners on a certain upper

[[Page 65810]]

panel, which manufacturer fatigue and damage tolerance analyses 
demonstrated could have an effect on panel fatigue life. We are 
issuing this AD to detect and correct such cracking, which could 
result in the loss of structural integrity 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) Repetitive Inspection

    Before the accumulation of 35,900 total flight cycles or 88,100 
total flight hours, whichever occurs first: Do a high frequency eddy 
current inspection for cracking of the two rows of six fasteners at 
frame 35 between stringers 5 and 6 on the left and right sides, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1244, excluding Appendix 1, dated March 17, 2011. 
Repeat the inspection thereafter at intervals not to exceed 28,100 
flight cycles or 56,300 flight hours, whichever occurs first.

(h) Corrective Action

    If any crack is detected during any inspection required by 
paragraph (g) of this AD: Before further flight, repair the crack 
using a method approved by either the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the European 
Aviation Safety Agency (EASA) or its delegated agent.

(i) 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: 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) 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.

(j) Related Information

    Refer to MCAI EASA Airworthiness Directive 2011-0176, dated 
September 13, 2011; and Airbus Service Bulletin A320-53-1244, 
excluding Appendix 1, dated March 17, 2011; for related information.

(k) 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.
    (i) Airbus Service Bulletin A320-53-1244, excluding Appendix 1, 
dated March 17, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus SAS-EAW (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-eas@airbus.com; 
Internet http://www.airbus.com.
    (4) 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.
    (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 October 16, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26198 Filed 10-30-12; 8:45 am]
BILLING CODE 4910-13-P
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