72124 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 

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. 

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 account.airwortheas@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. 

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 


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Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 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 FAAapproved. 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 


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72126 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Rules and Regulations 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 leftand 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: 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 

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 account.airwortheas@

airbus.com; 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/ibrlocations.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 


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