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[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Proposed Rules]
[Pages 31057-31061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12613]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0291; Directorate Identifier 2013-NM-137-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 supersede Airworthiness Directive (AD) 2004-03-
19, which applies to certain Airbus Model A320-111, -211, and -231 
series airplanes. AD 2004-03-19 requires repetitive inspections for 
cracking in the transition and pick-up angles in the lower part of the 
center fuselage area, and corrective action if necessary. AD 2004-03-19 
also provides for an optional terminating modification for the 
repetitive inspection requirements. Since we issued AD 2004-03-19, we 
have determined that the modification must be accomplished in order to 
address the unsafe condition. This proposed AD would also require that 
modification by installing washers between the transition pick-up angle 
and the pin nuts, and doing related investigative and corrective 
actions if necessary. This proposed AD would also add airplanes to the 
applicability. We are proposing this AD to prevent fatigue cracking in 
the transition and pick-up angles of the lower part of the center 
fuselage, which could result in reduced structural integrity of the 
wing-fuselage support and fuselage pressure vessel.

DATES: We must receive comments on this proposed AD by July 14, 2014.

ADDRESSES: You may send comments 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--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.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-
0291; 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 
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-2014-0291; 
Directorate Identifier 2013-NM-137-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

[[Page 31058]]

substantive verbal contact we receive about this proposed AD.

Discussion

    On January 30, 2004, we issued AD 2004-03-19, Amendment 39-13463 
(69 FR 5922, February 9, 2004). AD 2004-03-19 requires actions intended 
to address an unsafe condition on certain Airbus Model A320-111, -211, 
and -231 series airplanes. (AD 2004-03-19 superseded AD 98-12-18, 
Amendment 39-10573 (63 FR 31345, June 9, 1998)).
    Since we issued AD 2004-03-19, Amendment 39-13463 (69 FR 5922, 
February 9, 2004), we have determined that the optional modification 
specified in AD 2004-03-19 must be accomplished in order to address the 
identified unsafe condition.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0137, dated July 9, 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 the A320 fatigue test campaign, it has been determined 
that fatigue damage could appear on the transition and pick-up angle 
between Frame (FR) 35 and FR36.
    This condition, if not detected and corrected, could affect the 
structural integrity of the aeroplane.
    To address this potential unsafe condition, DGAC [Direction 
G[eacute]n[eacute]rale de l'Aviation Civile] France issued AD 2002-
183 [related to FAA AD 2004-03-19, Amendment 39-13463 (69 FR 5922, 
February 9, 2004)], to require repetitive inspections of the center 
fuselage pick-up angle between FR35 and FR36, below stringer 30, 
left hand (LH) and right hand (RH) sides, and, depending on 
findings, accomplishment of applicable corrective action(s).
    Since that [DGAC] AD [2002-183] was issued, a modification was 
developed, which has been published through Airbus Service Bulletin 
(SB) A320-53-1027 for in-service application, introducing additional 
washers below the riveting, which constitutes terminating action for 
the repetitive inspections.
    For the reasons described above, this [EASA] AD retains the 
requirements of DGAC France AD 2002-183, which is superseded, and 
requires modification of the transition and pick-up angle between 
FR35 and FR36.

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-
0291.

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.

Change to Applicability

    We have added Airbus Model A320-212 airplanes to the applicability, 
(paragraph (c) of this NPRM) because these airplanes are subject to the 
same unsafe condition identified on Airbus Model A320-111, A320-211, 
and A320-231 airplanes. We have also revised the applicability language 
used in AD 2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 
2004). This proposed AD applies to Airbus Model A320-111, -211, -212, 
and -231 airplanes, all manufacturer serial numbers. We have added new 
paragraph (n) in this proposed AD to specify that accomplishing Airbus 
Modification 21202 in production terminates the requirements of this 
AD.

Clarification of Modification Actions

    The optional modification specified in paragraph (e) of AD 2004-03-
19, Amendment 39-13463 (69 FR 5922, February 9, 2004), is proposed to 
be required in paragraph (m) of this NPRM. The modification includes 
rotating probe inspections for cracking of certain fastener holes and, 
if any cracking is found, replacement or repair of certain parts. We 
have included these inspections, as well as the replacement of 
transition angles if cracking is found in the transition angles and 
repair if cracking is found in the pick-up angles, in the description 
of the modification in paragraph (m) of this NPRM.

Repair Approvals

    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which could result in the unsafe 
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, certain requirements of this proposed 
AD would require that the repair approval specifically refer to the FAA 
AD. This change is 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 use the phrase ``its delegated agent, or the DAH with 
State of Design Authority design organization approval, as applicable'' 
in this proposed AD to refer to a DAH authorized to approve certain 
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 482 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 31059]]

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained action from   9 work-hours x $85               $0  $765 per inspection  $18,360 per
 AD 2004-03-19, Amendment 39-       per hour = $765                      cycle.               inspection cycle
 13463 (69 FR 5922, February 9,     per inspection                                            (24 airplanes).
 2004)].                            cycle.
Inspection for Model A320-212      9 work-hours x $85                0  $765 per inspection  $32,130 per
 airplanes [new proposed action].   per hour = $765                      cycle.               inspection cycle
                                    per inspection                                            (42 airplanes).
                                    cycle.
Terminating modification [new      28 work-hours x $85           1,837  $4,217.............  $2,032,594.
 proposed action].                  per hour = $2,380.
----------------------------------------------------------------------------------------------------------------

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 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;
    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. Amend Sec.  39.13 by removing airworthiness directive (AD) 2004-03-
19, Amendment 39-13463 (69 FR 5922, February 9, 2004), and adding the 
following new AD:

Airbus: Docket No. FAA-2014-0291; Directorate Identifier 2013-NM-
137-AD.

(a) Comments Due Date

    We must receive comments by July 14, 2014.

(b) Affected ADs

    This AD supersedes AD 2004-03-19, Amendment 39-13463 (69 FR 
5922, February 9, 2004).

(c) Applicability

    This AD applies to Airbus Model A320-111, -211, -212, and -231 
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 the determination that the modification 
must be accomplished in order to address the unsafe condition. We 
are issuing this AD to prevent fatigue cracking in the transition 
and pick-up angles of the lower part of the center fuselage, which 
could result in reduced structural integrity of the wing-fuselage 
support and fuselage pressure vessel.

(f) Compliance

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

(g) Retained Detailed and Rotating Probe Inspections

    This paragraph restates the requirements of paragraph (b) of AD 
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004). For 
Model A320-111, -211, and -231 airplanes on which the modification 
specified in AD 98-12-18, Amendment 39-10573 (63 FR 31345, June 9, 
1998), has not been done: Do the applicable inspections specified in 
paragraphs (g)(1) and (g)(2) of this AD, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1028, 
Revision 01, dated February 12, 2002.
    (1) For airplanes on which the inspections required by AD 98-12-
18, Amendment 39-10573 (63 FR 31345, June 9, 1998), have been done: 
Within 12,000 flight cycles after accomplishment of the last 
inspection required by AD 98-12-18, do a detailed inspection of the 
transition angle and a rotating probe inspection of the pick-up 
angle in the lower part of the center fuselage area for cracking.
    (2) For airplanes on which the inspections required by AD 98-12-
18, Amendment 39-10573 (63 FR 31345, June 9, 1998), have not been 
done: At the later of the times specified in paragraph (g)(2)(i) or 
(g)(2)(ii) of this AD, do a detailed inspection of the transition 
angle and a rotating probe inspection of the pick-up angle in the 
lower part of the center fuselage area for cracking.
    (i) Before the accumulation of 10,400 total flight cycles, or 
24,600 total flight hours, whichever is first.
    (ii) Before the accumulation of 16,000 total flight cycles, or 
within 3,500 flight cycles after March 15, 2004 (the effective date 
of AD 2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004), 
whichever is first.

(h) Retained Repetitive Inspections

    This paragraph restates the requirements of paragraph (c) of AD 
2004-03-19, Amendment 39-13463 (69 FR 5922, February 9, 2004). For 
Model A320-111, -211, and -231 airplanes: Repeat the detailed and 
rotating probe inspections specified in paragraphs (g)(1) and (g)(2) 
of this AD at intervals not to exceed 10,400 flight cycles or 24,600 
flight hours, whichever is first, until the modification specified 
in paragraph (m) of this AD has been done.

(i) Retained Corrective Action for Paragraphs (g) and (h) of This AD

    This paragraph restates the requirements of paragraph (d) of AD 
2004-03-19,

[[Page 31060]]

Amendment 39-13463 (69 FR 5922, February 9, 2004). For Model A320-
111, -211, and -231 airplanes: If any cracking is found during any 
inspection required by paragraph (g) or (h) of this AD, prior to 
further flight, either repair the cracking per the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1028, Revision 01, 
dated February 12, 2002; or do the modification specified in 
paragraph (m) of this AD. Where Airbus Service Bulletin A320-53-
1028, Revision 01, dated February 12, 2002, specifies to contact the 
manufacturer for repair instructions, prior to further flight, 
repair the cracking in accordance with a method approved by the 
Manager, International Branch, ANM-116 Transport Airplane 
Directorate, FAA; or European Aviation Safety Agency (EASA) or the 
Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its 
delegated agent). If the cracking is repaired, repeat the 
inspections as required by paragraph (h) of this AD.

(j) New Detailed and Rotating Probe Inspections for Model A320-212 
Airplanes

    For Model A320-212 airplanes on which the modification specified 
in Airbus Service Bulletin A320-53-1027, has not been done as of the 
effective date of this AD: Do the applicable inspections specified 
in paragraph (j)(1) or (j)(2) of this AD, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-53-1028, 
Revision 01, dated February 12, 2002.
    (1) For airplanes on which the inspections specified in Airbus 
Service Bulletin A320-53-1028 have been done as of the effective 
date of this AD: At the later of the times specified in paragraph 
(j)(1)(i) or (j)(1)(ii) of this AD, do a detailed inspection of the 
transition angle and a rotating probe inspection of the pick-up 
angle in the lower part of the center fuselage area for cracking.
    (i) Within 10,400 flight cycles or 24,600 flight hours, 
whichever occurs first after accomplishing the most recent 
inspection specified in Airbus Service Bulletin A320-53-1028.
    (ii) Within 90 days after the effective date of this AD.
    (2) For airplanes on which the inspections specified in Airbus 
Service Bulletin A320-53-1028 have not been done as of the effective 
date of this AD: At the later of the times specified in paragraphs 
(j)(2)(i) and (j)(2)(ii) of this AD, do a detailed inspection of the 
transition angle and a rotating probe inspection of the pick-up 
angle in the lower part of the center fuselage area for cracking.
    (i) Before the accumulation of 10,400 total flight cycles, or 
24,600 total flight hours, whichever occurs first.
    (ii) Within 90 days after the effective date of this AD.

(k) New Repetitive Inspections for Model A320-212 Airplanes

    For Model A320-212 airplanes: Repeat the detailed and rotating 
probe inspections specified in paragraphs (j)(1) and (j)(2) of this 
AD at intervals not to exceed 10,400 flight cycles or 24,600 flight 
hours, whichever occurs first, until the modification specified in 
paragraph (m) of this AD has been done.

(l) New Corrective Action for Model A320-212 Airplanes

    For Model A320-212 airplanes: If any cracking is found during 
any inspection required by paragraph (j) or (k) of this AD, before 
further flight, do the actions specified in either paragraph (l)(1) 
or (l)(2) of this AD.
    (1) Repair the crack in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1028, Revision 01, 
dated February 12, 2002, except where Airbus Service Bulletin A320-
53-1028, Revision 01, dated February 12, 2002, specifies to contact 
the manufacturer, before further flight, repair using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or European Aviation Safety Agency 
(EASA), or its delegated agent, or the design approval holder (DAH) 
with EASA's design organization approval, as applicable. For a 
repair method to be approved, the repair approval must specifically 
refer to this AD. After the cracking is repaired, repeat the 
inspections required by paragraph (k) of this AD.
    (2) Do the modification specified in paragraph (m) of this AD.

(m) New Terminating Modification for All Airplanes

    For all airplanes: Before the accumulation of 40,000 flight 
cycles since first flight, or within 1,500 flight cycles after the 
effective date of this AD, whichever occurs later, but not exceeding 
48,000 flight cycles since first flight, modify by doing rotating 
probe inspections for cracking of certain fastener holes, replacing 
transition angles if any cracking is found in the transition angles, 
repairing if any pick-up angles cracking is found, and installing 
washers between the transition pick-up angle and the pin nuts; in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1027, Revision 03, dated February 12, 2002, except 
where Airbus Service Bulletin A320-53-1027, Revision 03, dated 
February 12, 2001, specifies to contact Airbus, before further 
flight, repair using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA, or 
its delegated agent; or the DAH with EASA's design organization 
approval, as applicable. For a repair method to be approved, the 
repair approval must specifically refer to this AD. Accomplishment 
of this modification terminates the repetitive inspections required 
by paragraphs (h) and (k) of this AD.

(n) Terminating Modification

    For airplanes on which Airbus Modification 21202 has been 
embodied in production: No actions are required by this AD.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A320-53-
1028, dated March 1, 1994.
    (2) This paragraph provides credit for the action specified in 
paragraph (m) of this AD, if that action was performed before the 
effective date of this AD using Airbus Service Bulletin A320-53-
1027, dated March 1, 1994; Revision 1, dated September 5, 1994; or 
Revision 2, dated June 8, 1995.

(p) 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. AMOCs 
approved previously in accordance with AD 2004-03-19, Amendment 39-
13463 (69 FR 5922, February 9, 2004), are approved as AMOCs for the 
corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, use these actions if they 
are FAA approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval, as applicable). You are required to 
ensure the product is airworthy before it is returned to service.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0137, dated July 9, 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-2014-0291.
    (2) 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.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.

[[Page 31061]]

    Issued in Renton, Washington, on May 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-12613 Filed 5-29-14; 8:45 am]
BILLING CODE 4910-13-P
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