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[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Proposed Rules]
[Pages 60655-60658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24404]

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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]
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 and A320 airplanes. The 
existing AD currently requires repetitive detailed inspections to 
detect cracks in the keel beam side panels, and repair if

[[Page 60656]]

necessary. Since we issued that AD, we have received reports of access 
difficulties. Additionally, we have determined that the detailed 
inspection is not sufficient to mitigate the unsafe condition. This 
proposed AD would require repetitive eddy current inspections for 
cracking in the keel beam side panels, and corrective actions if 
necessary. We are proposing 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: 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, Airworthiness Office--EAS, 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-2012-1038; 
Directorate Identifier 2011-NM-166-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 June 16, 2004, we issued AD 2004-13-06, Amendment 39-13688 (69 
FR 38818, June 29, 2004). That AD required actions intended to address 
an unsafe condition on the products listed above.
    Since we issued AD 2004-13-06, Amendment 39-13688 (69 FR 38818, 
June 29, 2004), we have determined that the detailed inspection 
required by AD 2004-13-06 is not sufficient to mitigate 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 2011-0134, 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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-53-1060, Revision 
02, dated November 30, 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.

Differences Between This AD and the MCAI or Service Information

    Although the MCAI and Airbus Mandatory Service Bulletin A320-53-
1060, Revision 02, dated November 30, 2010, allow further flight after 
cracks are found during compliance with the proposed actions, this 
proposed AD would require repair before further flight if cracks are 
detected in the keel beam side panels. We have determined that, because 
of the safety implications and consequences associated with that 
cracking, any cracking in the keel beam side panels must be repaired 
before further flight.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 351 products of U.S. registry.
    We estimate that it would take about 29 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $865,215, or $2,465 
per product.

[[Page 60657]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
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 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) 2004-13-06, Amendment 39-13688 (69 FR 38818, June 29, 2004), and 
adding the following new AD:

Airbus: Docket No. FAA-2012-1038; Directorate Identifier 2011-NM-
166-AD.

(a) Comments Due Date

    We must receive comments by November 19, 2012.

(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 (k)(1) or (k)(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 02, dated November 
30, 2010. 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, and Area B is the area around the rivets 
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 02, dated November 30, 2010. 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) 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

[[Page 60658]]

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.

(j) 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 paragraph (n)(1), (n)(2), or (n)(3) of this AD are 
met. Areas A and B are defined in Airbus Mandatory Service Bulletin 
A320-53-1060, Revision 02, dated November 30, 2010.
    (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.

(k) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0134, dated 
July 15, 2011; and Airbus Mandatory Service Bulletin A320-53-1060, 
Revision 02, dated November 30, 2010; for related information.
    (2) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 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. 2012-24404 Filed 10-3-12; 8:45 am]
BILLING CODE 4910-13-P
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