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[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Proposed Rules]
[Pages 60653-60655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24405]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1036; Directorate Identifier 2011-NM-122-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 an existing airworthiness directive 
(AD) that applies to certain Airbus Model A319, A320, and A321 
airplanes. The existing AD currently requires installing spacer 
assemblies at the attachment points of the YZ-latches of the cargo 
loading system (CLS) in the forward and aft cargo compartments, as 
applicable. Since we issued that AD, we have received reports that the 
installation has been applied only on one of the lower deck cargo 
holds, instead of on both forward and aft cargo holds, and that some 
airplanes could have installed the affected YZ-latches through the 
instructions of the cargo conversion manual. This proposed AD would 
require modifying the attachment points of fixed YZ-latches of the CLS 
lower deck cargo holds on those airplanes on which one or both lower 
deck cargo holds have not been modified. We are proposing this AD to 
prevent failure of the attachment points of the YZ-latches, which could 
result in unrestrained cargo causing damage to the fire protection 
system, hydraulic system, electrical wiring, or other equipment located 
in the forward and aft cargo compartments. This damage could adversely 
affect the continued safe flight of the airplane.

DATES: We must receive comments on this proposed AD by November 19, 
2012.

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 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. You may review copies of the 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; 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 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-2012-1036; 
Directorate Identifier 2011-NM-122-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

    On February 22, 2007, we issued AD 2007-05-13, Amendment 39-14974 
(72 FR 10348, March 8, 2007). That AD required actions intended to 
address an unsafe condition on certain Airbus Model A319, A320, and 
A321 series airplanes.
    Since we issued AD 2007-05-13, Amendment 39-14974 (72 FR 10348, 
March 8, 2007), we have determined that additional airplanes are 
affected by the 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 2011-0077, 
dated May 5, 2011 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    Investigation has revealed that the installed Tie Down Points of 
YZ latches on the Cargo Loading System (CLS) of Airbus A319, A320 
and A321 aeroplanes do not withstand the maximum loads in accordance 
with the certification requirements (CS 25.787 ``Stowage 
compartments'').
    In case of failure of Tie Down Points, unrestrained cargo parts 
could cause damage in the Forward (FWD) and AFT lower deck

[[Page 60654]]

cargo holds (e.g. air conditioning, fire protection system, 
hydraulic system, electrical wiring, etc.), and therefore could have 
an impact on the safety of the flight.
    EASA AD 2006-0184 [which corresponds to FAA AD 2007-05-13, 
Amendment 39-14974 (72 FR 10348, March 8, 2007)] was issued to 
require the modification of the attachment points of fixed YZ 
latches of the CLS in both FWD and AFT lower deck cargo holds, as 
applicable to aeroplane configuration, in accordance with Airbus SB 
A320-25-1294 Revision 01.
    It has recently been identified that for some aeroplanes, Airbus 
SB A320-25-1294 Revision 01 has been applied only on one of the 
lower deck cargo holds (FWD or AFT) while both cargo compartments 
were concerned by the modification, and that some aeroplanes could 
have installed the affected YZ [latches] through the instructions of 
the Cargo Conversion Manual.
    For the reasons described above, this [EASA] AD, which 
supersedes EASA AD 2006-0184, requires modification of the 
attachment points of fixed YZ latches of the CLS lower deck cargo 
holds on those aeroplanes on which one or both lower deck cargo 
holds have not been modified.
    This [EASA] AD also prohibits installation of the affected YZ 
latches, identified by Part Number (P/N) in Table 1 of Appendix 1 of 
this [EASA] AD, on any aeroplane as replacement parts, unless all 
the attachment points of the YZ latch have been modified.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-25-1294, Revision 
06, dated July 23, 2010. The 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 740 products of U.S. registry.
    The actions that are required by AD 2007-05-13, Amendment 39-14974 
(72 FR 10348, March 8, 2007), and retained in this proposed AD take 
about 4 work-hours per product, at an average labor rate of $85 per 
work hour. Required parts cost about $2,049 per product. Based on these 
figures, the estimated cost of the currently required actions is $2,389 
per product.
    We estimate that it would take about 15 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost up to $2,656 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of the proposed AD 
on U.S. operators to be up to $2,908,940, or $3,931 per product.

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. We prepared a regulatory evaluation 
of the estimated costs to comply with this proposed AD and placed it in 
the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2007-05-13, Amendment 39-14974 (72 FR 10348, March 8, 2007), and 
adding the following new AD:

Airbus: Docket No. FAA-2012-1036; Directorate Identifier 2011-NM-
122-AD.

(a) Comments Due Date

    We must receive comments by November 19, 2012.

(b) Affected ADs

    This AD supersedes AD 2007-05-13, Amendment 39-14974 (72 FR 
10348, March 8, 2007).

(c) Applicability

    This AD applies to Airbus 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.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by results from tests that have shown that 
the attachment points of the YZ-latches of the cargo loading system 
(CLS) fail under maximum loads and reports that installation has 
been applied only on one of the lower deck cargo holds, instead of 
on both forward and aft cargo holds, and that some airplanes could 
have installed the affected YZ-latches through the instructions of 
the cargo conversion manual. We are issuing this AD to prevent 
failure of the attachment points of the YZ-latches, which could 
result in unrestrained cargo

[[Page 60655]]

causing damage to the fire protection system, hydraulic system, 
electrical wiring, or other equipment located in the forward and aft 
cargo compartments. This damage could adversely affect the continued 
safe flight 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) Retained Spacer Assembly Installation

    This paragraph restates the requirements of paragraph (f) of AD 
2007-05-13, Amendment 39-14974 (72 FR 10348, March 8, 2007). For 
Airbus Model A319, A320, and A321 airplanes identified in paragraphs 
(g)(1) and (g)(2) of this AD: Within 36 months after April 12, 2007 
(the effective date of AD 2007-05-13), install spacer assemblies at 
the attachment points of the YZ-latches of the CLS in the forward 
and aft cargo compartments, as applicable, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-25-1294, 
Revision 2, dated September 5, 2006. Accomplishing the actions in 
paragraph (i) of this AD terminates the requirements of paragraph 
(g) of this AD.
    (1) Airplanes on which one of the following has been 
incorporated in production: Airbus Modification 20065, 20040, 24495, 
24848, 24496, 21895, 21896, 25905, 25907, 22601, 22602, 27187, 
28319, 28322, 28330, 28335, or 31797.
    (2) Airplanes on which one of the following has been 
incorporated in service: Airbus Service Bulletin A320-25-1132, A320-
25-1133, A320-25-1145, A320-25-1175, A320-25-1177, A320-25-1276, 
A320-25-1278, A320-28-1134, or A320-28-1141.

(h) New Modification

    Except for Model A319, A320, and A321 airplanes on which both 
Airbus Modifications 32244 and 32245, or both Airbus Modifications 
32316 and 32317, have been incorporated in production, and on which 
no YZ-latch replacements have been made since first flight: Within 
20 months after the effective date of this AD, modify the attachment 
points of fixed YZ-latches of the CLS, having a part number (P/N) 
listed in table 1 to paragraph (h) of this AD, in both forward and 
aft lower deck cargo holds by adding spacer assemblies having P/N 
D2557232700000, in accordance with the Accomplishment Instructions 
of Airbus Mandatory Service Bulletin A320-25-1294, Revision 6, dated 
July 23, 2010. Accomplishing the actions in paragraph (h) of this AD 
terminates the requirements of paragraph (g) of this AD.

      Table 1 to Paragraph (h) of this AD--Affected CLD YZ-Latches
------------------------------------------------------------------------
 
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                                Part No.
                               D 255 7 2380 000
                               D 255 7 2380 002
                               D 255 7 2380 006
                               D 255 7 2380 008
                               D 255 7 2350 002
                               D 255 7 2350 004
                               D 255 7 2350 006
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(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
the CLS of any airplane, a YZ-latch having a part number listed in 
table 1 to paragraph (h) of this AD, unless it has been modified in 
accordance with the requirements of paragraph (h) of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the installation required 
by paragraph (g) of this AD, if the installation was performed 
before April 12, 2007 (the effective date of AD 2007-05-13, 
Amendment 39-14974 (72 FR 10348, March 8, 2007), using Airbus 
Service Bulletin A320-25-1294, dated March 14, 2003; or Revision 1, 
dated March 27, 2006; which are not incorporated by reference in 
this AD.
    (2) This paragraph provides credit for the modification required 
by paragraph (h) of this AD, if the modification was performed 
before the effective date of this AD, using one of the following 
service information and the additional work is done, in accordance 
with the applicable instructions referenced as ``ADDITIONAL WORK'' 
in the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A320-25-1294, Revision 6, dated July 23, 2010.
    (i) Airbus Service Bulletin A320-25-1294, dated March 14, 2003.
    (ii) Airbus Service Bulletin A320-25-1294, Revision 1, dated 
March 27, 2006.
    (iii) Airbus Service Bulletin A320-25-1294, Revision 2, dated 
September 5, 2006.
    (iv) Airbus Mandatory Service Bulletin A320-25-1294, Revision 3, 
dated January 22, 2007.
    (v) Airbus Mandatory Service Bulletin A320-25-1294, Revision 4, 
dated March 13, 2008.
    (vi) Airbus Mandatory Service Bulletin A320-25-1294, Revision 5, 
dated January 22, 2009.

(k) 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.

(l) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0077, dated May 5, 2011; and the following service 
information; for related information.
    (i)Airbus Service Bulletin A320-25-1294, Revision 06, dated July 
23, 2010.
    (ii) Airbus Service Bulletin A320-25-1294, Revision 02, dated 
September 5, 2006.
    (2) 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. You may review copies of the 
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.

    Issued in Renton, Washington, on September 26, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-24405 Filed 10-3-12; 8:45 am]
BILLING CODE 4910-13-P
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