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[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Rules and Regulations]
[Pages 51058-51061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20105]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1038; Directorate Identifier 2011-NM-166-AD; 
Amendment 39-17537; AD 2013-15-21]
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 superseding airworthiness directive (AD) 2004-13-06 for 
certain Airbus Model A319 and A320 series airplanes. AD 2004-13-06 
required repetitive detailed inspections to detect cracks in the keel 
beam side panels, and repair if necessary. This new AD requires 
repetitive eddy current inspections for cracking in the keel beam side 
panels, and corrective actions if necessary. This AD was prompted by 
reports of cracks on the side panels of the keel beams. We are issuing 
this AD to detect and correct fatigue cracks on the side panels of the 
keel beams, which could result in reduced structural integrity of the 
airplane.

DATES: This AD becomes effective September 24, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
24, 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, 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. 
The NPRM was published in the Federal Register on October 4, 2012 (77 
FR 60655), and proposed to supersede AD 2004-13-06, Amendment 39-13688 
(69 FR 38818, June 29, 2004). The NPRM proposed to correct an unsafe 
condition for the specified products. 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-
0134, dated July 15, 2011 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    During certification structural fatigue tests, several cases of 
structural damage (cracks) have been found on keel beam side panels. 
Cracks were observed on both sides of the keel beam around the 
rivets below the center wing box between frame (FR) 40 and FR 42, 
and in part of the area of the upper elliptical cut out forward of 
FR 41.
    This type of damage, if not detected and repaired, would 
adversely affect the structural integrity of the aeroplane.
    To address this unsafe condition, DGAC [Direction 
G[eacute]n[eacute]rale de l'Aviation Civile] France issued AD 2003-
146 [which corresponds to FAA AD 2004-13-06, Amendment 39-13688 (69 
FR 38818, June 29, 2004)] to require repetitive detailed inspections 
of those two areas and corrective actions, depending on findings.
    Prompted by reported access difficulties and to allow extension 
of the interval between two consecutive inspections, Airbus 
validated an Eddy current Non-Destructive Test (NDT) inspection to 
replace the detailed inspection.
    For the reasons described above, this [EASA] AD, which 
supersedes DGAC France AD 2003-146, requires repetitive Eddy-current 
NDT inspections for cracks in the affected areas of the keel beam 
side panel below the center wing box and corrective actions 
[repair], depending on findings.

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

Revised Service Information

    The NPRM (77 FR 60655, October 4, 2012) referred to Airbus 
Mandatory Service Bulletin A320-53-1060, Revision 02, dated November 
30, 2010, as the appropriate source of service information for the 
proposed actions. Airbus has revised this service information. We have 
reviewed Airbus Mandatory Service Bulletin A320-53-1060, Revision 04, 
dated September 13, 2012, which includes an updated effectivity, an 
added illustration, amended job set-up and close-up procedures, and 
minor changes, but adds no accomplishment instruction procedures.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Revise Referenced Service Information

    Jetblue Airways requested that we revise the NPRM (77 FR 60655, 
October 4, 2012) to reference the latest service information.
    We agree. As explained above, we reviewed Airbus Mandatory Service 
Bulletin A320-53-1060, Revision 04, dated September 13, 2012. We have 
revised this final rule to refer to Airbus Mandatory Service Bulletin 
A320-53-1060, Revision 04, dated September 13, 2012; to add new 
paragraph (i) to allow credit for actions accomplished before the 
effective date of this AD using Airbus Mandatory Service Bulletin A320-
53-1060, Revision 02, dated November 30, 2010, or Revision 03, dated 
January 20, 2012; and to re-identify subsequent paragraphs.

[[Page 51059]]

Requests To Correct Subparagraph References

    Delta Airlines (Delta) and Airbus requested that we fix 
typographical errors in paragraphs (g) and (j) of the NPRM (77 FR 
60655, October 4, 2012), which refer to incorrect paragraphs.
    We agree that those paragraphs were misidentified in the NPRM (77 
FR 60655, October 4, 2012). We have changed paragraph (g) in this final 
rule to refer to paragraphs (g)(1) and (g)(2) of this final rule, 
instead of paragraphs (k)(1) and (k)(2) of this final rule. We have 
also changed paragraph (k) of this final rule (identified as paragraph 
(j) in the NPRM), to refer to paragraphs (k)(1), (k)(2), and (k)(3) of 
this final rule.

Request for Clarification of Inspection Interval

    Delta requested that we clarify whether the eddy current inspection 
specified in the NPRM (77 FR 60655, October 4, 2012) will allow 
extension of the inspection intervals that are required by AD 2004-13-
06. Delta stated it agrees that an eddy current inspection will be a 
more effective way to detect cracks than a detailed visual inspection, 
but disagrees that it will solve the access difficulty problem.
    We agree to clarify these issues. EASA and Airbus later 
acknowledged that the general visual inspection was replaced with non-
destructive testing (eddy current inspection) because the eddy current 
inspection procedure is a more effective way to detect cracking, not 
because the inspection area was difficult to access as stated in the 
MCAI. There is no change in the initial inspection compliance time for 
the eddy current inspection as compared to the initial inspection 
compliance time for the general visual inspection; however, the 
repetitive inspection interval for the eddy current inspection (12,000 
flight cycles or 26,700 flight hours) is at a greater interval as 
compared to the repetitive inspection interval for the general visual 
inspection (4,300 flight cycles or 9,600 flight hours). We have not 
changed this final rule in this regard.

Request To Allow Flight With Cracks

    The NPRM (77 FR 60655, October 4, 2012) requires crack repair 
before further flight. Delta requested that operators be allowed to 
comply with the crack repair compliance times described in Airbus 
Mandatory Service Bulletin A320-53-1060 (as referenced in EASA AD 2011-
0134, dated July 15, 2011), or decrease the compliance times for crack 
repair in inspection Area A, instead of eliminating the repair deferral 
time specified in the NPRM. Delta stated that this would ease 
accomplishment of repetitive inspections for operators.
    We are aware that Airbus Mandatory Service Bulletin A320-53-1060 
allows deferral of crack repair in certain areas based on crack length. 
We usually do not allow dispatch with known cracks in primary 
structure. As specified in the NPRM (77 FR 60655, October 4, 2012) 
under ``Differences Between This AD and the MCAI or Service 
Information,'' we find that, to achieve an adequate level of safety for 
the affected fleet, fatigue cracks on the side panels of the keel beams 
must be repaired prior to further flight. However, if an operator has 
an inspection plan for tracking crack length and mitigating the risks 
associated with flight with cracks, then we will consider its request 
for approval of an alternative method of compliance in accordance with 
the provisions specified in paragraph (j) of this final rule. We have 
not changed this final rule in this regard.

Request To Approve Airbus Repair Approval Sheet (RAS)

    Airbus requested that we consider each Airbus RAS approved under 
Airbus Design Organization Approval (DOA) EASA.21J.031, provided after 
cracking is reported, as an approved method for repair, as required by 
paragraph (h)(2) of the NPRM (77 FR 60655, October 4, 2012).
    We agree to clarify. Airbus has design organization approval 
authority from EASA and, therefore, a RAS approved under DOA 
EASA.21J.031 would be a method of compliance for a repair required by 
this AD under the provisions specified in paragraph (j)(2) of this AD. 
We have not changed this AD in this regard.

Request To Update Airbus Contact Information

    Airbus requested that we replace the acronym EAS with the acronym 
EIAS in its contact information.
    We agree to change the Airbus contact information in this AD.

Conclusion

    We reviewed the available data, including 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 changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 60655, 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 60655, October 4, 2012).

Costs of Compliance

    We estimate that this AD will affect about 351 products of U.S. 
registry.
    We estimate that it will take about 29 work-hours per product to 
comply with the new 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 $865,215, or $2,465 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

[[Page 51060]]

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 this AD, the MCAI, 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:

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 removing airworthiness directive (AD) 
2004-13-06, Amendment 39-13688 (69 FR 38818, June 29, 2004), and adding 
the following new AD:

2013-15-21 Airbus: Amendment 39-17537. Docket No. FAA-2012-1038; 
Directorate Identifier 2011-NM-166-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
24, 2013.

(b) Affected ADs

    This AD supersedes AD 2004-13-06, Amendment 39-13688 (69 FR 
38818, June 29, 2004).

(c) Applicability

    This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; and Model A320-111, -211, -212, 
-214, -231, -232, and -233 airplanes; certificated in any category; 
all manufacturer serial numbers, except those having embodied Airbus 
modification 30355 in production.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks on the side panels of 
the keel beams. We are issuing this AD to detect and correct fatigue 
cracks on the side panels of the keel beams, which could result in 
reduced 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 Eddy Current Inspection

    At the applicable compliance time in paragraph (g)(1) or (g)(2) 
of this AD: Do an eddy current non-destructive test (NDT) inspection 
to detect cracks in the keel beam side panels at Area A and Area B, 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A320-53-1060, Revision 04, dated 
September 13, 2012. Repeat the inspection thereafter at intervals 
not to exceed 12,000 flight cycles or 26,700 flight hours, whichever 
occurs first. Area A is part of the area of the upper elliptical 
cut-out stringer (STGR) 42 on the left-hand (LH) and right-hand (RH) 
side forward of frame (FR) 41; Area B is the area around the 
fasteners on both sides of the keel beam side panel below the center 
wing box at STGR 42 on the LH and RH side between FR 40 and FR 42.
    (1) For airplanes that have been inspected as specified in 
Airworthiness Limitations Item (ALI) Task 533142-01-1, which was 
specified in the Airbus A319/A320/A321 ALI document up to Revision 
05 inclusive; or as specified in Airbus A319/A320/A321 Maintenance 
Review Board (MRB) Report up to Revision 08 inclusive; or as 
specified in the instructions of Airbus Service Bulletin A320-53-
1060, dated June 19, 2002, or Revision 01, dated April 2, 2004: At 
the later of the times specified in paragraphs (g)(1)(i) and 
(g)(1)(ii) of this AD.
    (i) Within 4,300 flight cycles or 9,600 flight hours after the 
last inspection, whichever occurs first.
    (ii) Within 30 days after the effective date of this AD.
    (2) For airplanes other than those identified in paragraph 
(g)(1) of this AD: At the later of the times specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Prior to the accumulation of 24,200 total flight cycles, or 
48,400 total flight hours, whichever occurs first.
    (ii) Within 30 days after the effective date of this AD.

(h) Corrective Action for Cracking

    (1) If any crack is found in Area A during any inspection 
required by paragraph (g) of this AD: Before further flight, repair 
the affected area, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A320-53-1060, 
Revision 04, dated September 13, 2012. Accomplishing a repair 
terminates the repetitive inspections of Area A required by 
paragraph (g) of this AD for that side of the keel beam.
    (2) If any crack is found in Area B during any inspection 
required by this AD: Before further flight, repair the affected area 
in accordance with 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) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Airbus Mandatory Service 
Bulletin A320-53-1060, Revision 02, dated November 30, 2010; or 
Revision 03, dated January 20, 2012; which are 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, 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.

(k) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be repaired (if the operator elects to do so), provided the 
conditions in paragraphs (k)(1), (k)(2), and (k)(3) of this AD are 
met. Areas A and B are defined in Airbus Mandatory Service Bulletin 
A320-53-1060, Revision 04, dated September 13, 2012.
    (1) No multiple cracks in Area A.
    (2) If there is a single crack in Area A, the length must be 
less than 20.0 millimeters (0.79 inch).
    (3) No cracking in Area B.

(l) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0134, dated 
July 15, 2011, for related information, which can be found in

[[Page 51061]]

the AD docket on the internet at http://www.regulations.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the address specified 
in paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 Mandatory Service Bulletin A320-53-1060, Revision 04, 
dated September 13, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, 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 July 26, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20105 Filed 8-19-13; 8:45 am]
BILLING CODE 4910-13-P
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