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[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41280-41282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1039; Directorate Identifier 2011-NM-275-AD; 
Amendment 39-17491; AD 2013-13-03]
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 A319-112, -113, and -132 airplanes; Model A320-211, -212, 
-214, -231, and -232 airplanes; and Model A321-111 and -131 airplanes. 
This AD was prompted by a report of two fatigue cracks on the left-hand 
and right-hand sides of the continuity fittings at the front windshield 
lower framing on a Model A319 series airplane. This AD requires a high 
frequency eddy current (HFEC) inspection for any cracking on the left-
hand and right-hand sides of the windshield central lower node 
continuity fittings, and repair if necessary. We are issuing this AD to 
detect and correct cracking of the windshield central lower node 
continuity fittings, which could reduce the structural integrity of the 
airplane.

DATES: This AD becomes effective August 14, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 14, 
2013.

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, Washington 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

[[Page 41281]]

NPRM was published in the Federal Register on October 4, 2012 (77 FR 
60658). The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2011-0231, dated December 9, 2011 
(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:

    One operator reported finding two fatigue cracks on continuity 
fittings at left-hand (LH) and right-hand (RH) sides at the front 
windshield lower framing on an A319 aeroplane on which Airbus 
modification (mod.) 22058 had been embodied in production. Airbus 
mod. 22058 (which is included in Airbus mod. 21999) was introduced 
to improve the fatigue strength of the windshield front framing by 
increasing the thickness of framing flanges adjacent to the 
concerned fittings.
    Further analyses have demonstrated that the damage tolerance and 
fatigue requirements of JAR 25.571 (b) are not met on aeroplanes in 
post-mod. 22058 configuration.
    This condition, if not detected and corrected, could reduce the 
structural integrity of the affected aeroplanes.

Required actions include an HFEC inspection for any cracking on the 
left-hand and right-hand sides of the windshield central lower node 
continuity fittings, and repair if necessary. 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 considered the comments received.

Request To Revise HFEC Inspection Requirement

    Airbus requested that the one-time HFEC inspection in paragraph (g) 
of the NPRM (77 FR 60658, October 4, 2012) be revised in anticipation 
of further rulemaking by the EASA, which would mandate the 
airworthiness limitation inspection task and would correspond with the 
one-time HFEC inspection.
    We disagree with Airbus's request. We have determined that 
publishing this final rule without any further delay is in the interest 
of safety of the flying public. However, we will consider additional AD 
rulemaking, if appropriate, in the future. We have not revised this 
final rule in this regard.

Request for Approval of Repair

    Airbus requested consideration that each Airbus Repair Approval 
Sheet (RAS) be approved under ``AIRBUS DOA EASA.21J.031,'' provided 
that this is done after cracking is reported. Airbus stated that this 
would be an approved method for repair as required by paragraph (g) of 
the NPRM (77 FR 60658, October 4, 2012).
    We agree. Airbus is an EASA-delegated agent; therefore, a RAS 
approved under Airbus Design Organization Approval (DOA) EASA.21J.031 
would be a method of compliance for a repair required by this AD. We 
have not changed the final rule in this regard.

Request To Update Address for the Manufacturer

    Airbus requested that the address for the manufacturer be updated. 
Airbus stated that in paragraph (k)(2) of the NPRM (77 FR 60658, 
October 4, 2012), ``EAS'' should be replaced with ``EIAS.''
    We agree with Airbus's request to update the manufacturer's 
address. Paragraphs (k)(2) and (l)(3) of this final rule have been 
updated accordingly.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously--and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 60658, October 4, 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 60658, October 4, 2012).

Costs of Compliance

    We estimate that this AD will affect 105 products of U.S. registry. 
We also estimate that it will take about 20 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 $178,500, or $1,700 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.
    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 60658, October 4, 
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.

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:

[[Page 41282]]

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:

2013-13-03 Airbus: Amendment 39-17491. Docket No. FAA-2012-1039; 
Directorate Identifier 2011-NM-275-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 14, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-112, -113, and -132 
airplanes; Model A320-211, -212, -214, -231, and -232 airplanes; and 
Model A321-111 and -131 airplanes; certificated in any category; 
manufacturer serial numbers 0259, 0260, 0264, 0266 through 0270 
inclusive, 0275, 0276, 0278, 0287, 0296, 0300, 0303, 0312, 0320, 
0321, 0323, 0325, 0328, 0332, 0334, 0335, 0337, 0346, 0352, 0353, 
0356, 0365, 0369, 0375, 0377, 0382, 0383, 0396, 0398, 0401, 0412, 
0413, 0416, 0419, 0421, 0431, 0432, 0438, 0440, 0441, 0445, 0453, 
0458, 0459, 0466, 0468, 0473, 0474, 0482, 0484, 0491, 0493, 0497, 
0498, 0501, 0502, 0505, 0507, 0509, 0518, 0520, 0521, 0529, 0531, 
0534, 0537, 0538, 0544, 0549, 0554, 0555, 0560, 0563, 0577, 0578, 
0585, 0598, 0600, 0608, 0612, 0618, 0621, 0625, 0637, 0660, 0685, 
0976, 1010, 1092, 1096, 1103, 1139, 1143, 1158, 1251, 1356, and 
1511.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of two fatigue cracks on the 
left-hand and right-hand sides of the continuity fittings at the 
front windshield lower framing on a Model A319 series airplane. We 
are issuing this AD to detect and correct cracking of the windshield 
central lower node continuity fittings, which could reduce the 
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) Inspection and Corrective Action

    Before the accumulation of 34,000 total flight cycles since the 
airplane's first flight, or within 4,500 flight cycles after the 
effective date of this AD, whichever occurs later: Perform a high 
frequency eddy current (HFEC) inspection for any cracking on the 
left-hand and right-hand sides of the windshield central lower node 
continuity fittings, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-53-1245, Revision 01, 
including Appendix 1, dated May 17, 2011. If any cracking is found, 
before further flight, repair using a method approved by the 
Manager, International Branch, ANM-116, FAA, or the European 
Aviation Safety Agency (EASA) (or its delegated agent).

(h) Reporting Requirement

    Submit a report of the findings (both positive and negative) of 
the inspection required by paragraph (g) of this AD to Airbus, 
Customer Service Directorate, Attn: SDC32 Technical Data and 
Documentation Services, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; fax +33 5 61 93 28 06; email sb.reporting@airbus.com; 
at the applicable time specified in paragraph (h)(1) or (h)(2) of 
this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A320-53-
1245, including Appendix 1, dated March 2, 2011, which is not 
incorporated by reference in this AD.

(j) 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, Washington 
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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(k) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0231, dated 
December 9, 2011, for related information. The MCAI may be viewed on 
the Internet at http://ad.easa.europa.eu/blob/easa_ad_2011_0231.pdf.
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD may be obtained at the 
addresses specified in paragraphs (l)(3) and (l)(4) of this AD.

 (l) 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 A320-53-1245, Revision 01, including 
Appendix 1, dated May 17, 2011.
    (ii) Reserved.
    (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.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 June 14, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-15153 Filed 7-9-13; 8:45 am]
BILLING CODE 4910-13-P
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