42716 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

(u) Related Information 

(1) For more information about this AD, 

contact Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6447; fax: 425–917–6590; 

email: wayne.lockett@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.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. 

Issued in Renton, Washington, on July 13, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–17324 Filed 7–22–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0455; Directorate 

Identifier 2014–NM–006–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A319 series airplanes, 

Model A320–211, –212, –214, –231, 

–232, and –233 airplanes, and A321 

series airplanes. This proposed AD was 

prompted by reports that 67during a full 

scale fatigue test, several broken frames 

in certain areas of the cargo 

compartment have been found, 

especially on the cargo floor support 

fittings and open tack holes on the lefthand side. This proposed AD would 

require a rototest inspection of the open 

tack holes and rivet holes at the cargo 

floor support fittings of the fuselage, 

modification of the fuselage, including 

doing all applicable related investigative 

actions, and repair if necessary. We are 

proposing this AD to detect and correct 

cracking in the open tack holes and rivet 

holes at the cargo floor support fittings 

of the fuselage, which could affect the 

structural integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by September 8, 2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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 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– 

0455; 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 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–2014–0455; Directorate Identifier 

2014–NM–006–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0310, 

dated December 20, 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 a full scale fatigue test, several 

broken frames in the cargo compartment area 

between Frame (FR) 50 and FR 63, have been 

found, especially on the cargo floor support 

fittings and open tack holes on [the] left hand 

side. 

This condition, if not detected and 

corrected, could affect the structural integrity 

of the aeroplane. 

For the reason described above, this 

[EASA] AD requires repetitive inspections of 

the frames in the cargo compartment area and 

of the cargo floor support fittings and open 

tack holes on the left hand (LH) side, and 

depending on findings the accomplishment 

of applicable corrective action(s). This 

[EASA] AD also requires a modification, 

which constitutes terminating action for the 

repetitive inspections required by this 

[EASA] AD. 

The actions in this AD include a 

rototest inspection for cracking of the 

open tack holes and rivet holes at the 

cargo floor support fittings of the 

fuselage, modification of the fuselage, 

including doing all applicable related 

investigative actions, and repair if 

necessary. Related investigative actions 

include rotating probe inspections for 

cracking of the holes. 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–2014–0455. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–53–1257, dated December 21, 

2012, and Service Bulletin A320–53– 

1261, dated December 21, 2012. The 

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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 42717 

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. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This Proposed AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In an NPRM having Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was 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 proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the NPRM having 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013), 

stated the following: ‘‘The proposed 

wording, being specific to repairs, 

eliminates the interpretation that Airbus 

messages are acceptable for approving 

minor deviations (corrective actions) 

needed during accomplishment of an 

AD mandated Airbus service bulletin.’’ 

This comment has made the FAA 

aware that some operators have 

misunderstood or misinterpreted the 

Airworthy Product paragraph to allow 

the owner/operator to use messages 

provided by the manufacturer as 

approval of deviations during the 

accomplishment of an AD-mandated 

action. The Airworthy Product 

paragraph does not approve messages or 

other information provided by the 

manufacturer for deviations to the 

requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed 

that paragraph and retitled it 

‘‘Contacting the Manufacturer.’’ This 

paragraph now clarifies that for any 

requirement in this proposed AD to 

obtain corrective actions from a 

manufacturer, the action must be 

accomplished using a method approved 

by the FAA, the European Aviation 

Safety Agency (EASA), or Airbus’s 

EASA DOA. 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DOA, the approval must include 

the DOA-authorized signature. The DOA 

signature indicates that the data and 

information contained in the document 

are EASA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DOA-authorized signature approval are 

not EASA-approved, unless EASA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

Costs of Compliance 

We estimate that this proposed AD 

affects 847 airplanes of U.S. registry. 

We also estimate that it would take 

about 471 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts (for the modification) would cost 

about $6,570 per product. Based on 

these figures, we estimate the cost of 

this proposed AD on U.S. operators to 

be $39,474,435, or $46,605 per product. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed 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 proposed 

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; 

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42718 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus: Docket No. FAA–2014–0455; 

Directorate Identifier 2014–NM–006–AD. 

(a) Comments Due Date 

We must receive comments by September 

8, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A319– 

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–211, –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 53, Fuselage. 

(e) Reason 

This AD was prompted by reports that 

during a full scale fatigue test, several broken 

frames in certain areas of the cargo 

compartment have been found, especially on 

the cargo floor support fittings and open tack 

holes on the left-hand side. We are issuing 

this AD to detect and correct cracking in the 

open tack holes and rivet holes at the cargo 

floor support fittings of the fuselage, which 

could affect the structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection 

At the applicable compliance times 

specified in paragraphs (g)(1) through (g)(3) 

of this AD: Do a rototest inspection for 

cracking of the open tack holes and rivet 

holes at the cargo floor support fittings of the 

fuselage between frame (FR) 50 and FR 63 

(LH side only) for Model A320–211, –212, 

–214, –231, –232, and –233 airplanes, and 

A321 airplanes; and between FR 53 and FR 

63 (LH side only) for Model A319 airplanes; 

in accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

53–1257, dated December 21, 2012. Repeat 

the inspection thereafter at intervals not to 

exceed 5,000 flight cycles or 10,000 flight 

hours, whichever occurs first. 

(1) For airplanes that have equal to or more 

than 45,000 total flight cycles or 90,000 total 

flight hours as of the effective date of this 

AD: Do the inspection in paragraph (g) of this 

AD within 1,000 flight cycles or 2,000 flight 

hours after the effective date of this AD, 

whichever occurs first. 

(2) For airplanes that have equal to or more 

than 36,200 total flight cycles or 72,400 total 

flight hours, but less than 45,000 total flight 

cycles and 90,000 total flight hours as of the 

effective date of this AD: Do the inspection 

in paragraph (g) of this AD within 2,000 

flight cycles or 4,000 flight hours after the 

effective date of this AD, whichever occurs 

first, but no later than before the 

accumulation of 46,000 total flight cycles or 

92,000 total flight hours, whichever occurs 

first. 

(3) For airplanes that have less than 36,200 

total flight cycles and 72,400 total flight 

hours as of the effective date of this AD: Do 

the inspection in paragraph (g) of this AD 

before exceeding 38,200 total flight cycles or 

76,400 total flight hours, whichever occurs 

first. 

(h) Modification 

Before exceeding 48,000 total flight cycles 

or 96,000 total flight hours, whichever occurs 

first: Modify the fuselage, including doing all 

applicable related investigative actions, in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

53–1261, dated December 21, 2012. Do all 

related investigative actions before exceeding 

48,000 total flight cycles or 96,000 total flight 

hours, whichever occurs first. Modification 

of the fuselage as required by this paragraph 

constitutes as a terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD. 

(i) Corrective Action 

If any crack is found during any inspection 

required by this AD: Before further flight, 

repair using a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or the 

European Aviation Safety Agency (EASA); or 

Airbus’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(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, 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Airbus’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2013–0310, dated 

December 20, 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–2014–0455. 

(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 view this 

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 July 16, 

2014. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–17318 Filed 7–22–14; 8:45 am] 

BILLING CODE 4910–13–P 

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