[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Proposed Rules]
[Pages 66197-66200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28092]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-70-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, and A321 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Airbus Model A319, A320, and 
A321 series airplanes. This proposal would require revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate service life limits for certain items and 
inspections to detect fatigue cracking, accidental damage, or corrosion 
in certain structures. This proposal is prompted by issuance of a 
revision to Airbus Industrie A319/A320/A321 Maintenance Planning 
Document and Airworthiness Limitation Items document, which specify new 
or more restrictive compliance times for structural inspection and 
replacement action. The actions specified by the proposed AD are 
intended to ensure the structural integrity of these airplanes.

DATES: Comments must be received by December 4, 2000.

[[Page 66198]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-70-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#e4ddc9858a89c98a949689878b8989818a90a4828585ca838b92"><span class="__cf_email__" data-cfemail="7a43571b141757140a0817191517171f140e3a1c1b1b541d150c">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. ``2000-NM-70-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-70-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-70-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has notified the FAA that a 
revision to Section 9-1 of the Airbus Industrie A319/A320/A321 
Maintenance Planning Document (MRB) has been issued. That revised 
section provides the service life limits for certain items. In 
addition, a revision to Issue 3 of Airbus Industrie A319/A320/A321 
Airworthiness Limitation Items (ALI) has been issued, which provides an 
inspection program to detect fatigue corrosion, accidental damage, and 
corrosion in certain structures. [The FAA refers to the information 
included in Section 9-1 of the MRB and Issue 3 of the ALI as the 
Airworthiness Limitations Sections (ALS) of the Instructions for 
Continued Airworthiness.] These revisions affect all Airbus Model A319, 
A320, and A321 series airplanes. The revisions to the MRB and ALI 
documents provide mandatory replacement times and structural inspection 
intervals approved under section 25.571 of the Joint Aviation 
Requirements and the Federal Aviation Regulations (14 CFR 25.571). As 
airplanes gain service experience, or as results of post-certification 
testing and evaluation are obtained, it may become necessary to add new 
or more restrictive life limits or structural inspections in order to 
ensure the continued structural integrity of the airplane.
    The DGAC advises that analysis of fatigue test data has revealed 
that certain inspections must be performed at specific intervals to 
preclude fatigue cracking in certain areas of the airplane. In 
addition, the DGAC advises that certain service life limits must be 
imposed for various components on these airplanes to preclude the onset 
of fatigue cracking in those components. Such fatigue cracking, if not 
corrected, could adversely affect the structural integrity of these 
airplanes.

Explanation of Relevant Service Information

    Airbus Industrie has issued Section 9-1, ``Life Limits/Monitored 
Parts,'' Revision 1, dated August 13, 1999, of Airbus Industrie A319/
A320/A321 Maintenance Planning Document (MPD), Volume 1. (The service 
life limits of revision 20 and on of Chapter 05-11-00 of the Aircraft 
Maintenance Manual were moved to Section 9-1 of the MPD to provide data 
to enable traceability and monitoring of selected parts for the 
airplanes.) Airbus Industrie also issued A319/A320/A321 Airworthiness 
Limitation Items (ALI), AI/SE-M4/95A.0252/96, Issue 3, dated May 27, 
1999, which specifies inspection procedures, thresholds, and intervals 
for structural significant items (SSI's). The ALI document specifies 
new or more restrictive inspection and replacement actions. 
Accomplishment of the actions specified in these documents is intended 
to adequately address the identified unsafe condition.
    The DGAC has approved the revisions to the MPD and ALI documents in 
order to assure the continued airworthiness of these airplanes in 
France. The DGAC has not issued a corresponding airworthiness 
directive, although accomplishment of the new or more restrictive life 
limits and structural inspections contained in Section 9-1 of the MPD 
and in Issue 3 of the ALI documents may be considered mandatory for 
operators of these airplanes in France.

FAA's Conclusions

    The FAA has reviewed the revisions to Section 9-1 of the MPD and 
Issue 3 of the ALI documents and all available information, and 
determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States. Pursuant to 
the bilateral airworthiness agreement, the DGAC has kept the FAA 
informed of the situation described above. These airplane models are 
manufactured in France and are type certificated for operation in the 
United States under the provisions of section 21.29 of the Federal 
Aviation Regulations (14 CFR 21.29) and the applicable bilateral

[[Page 66199]]

airworthiness agreement. The FAA has determined that the revisions to 
Section 9-1 of the MPD and to Issue 3 of the ALI documents must be 
incorporated into the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require a revision to the 
ALS of the Instructions for Continued Airworthiness to incorporate 
inspections to detect fatigue cracking of certain Significant 
Structural Items (SSI's) and to revise life limits for certain 
equipment and various components that are specified in the previously 
referenced maintenance document.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes (section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section), all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
    <bullet> Mandatory replacement times for structural components,
    <bullet> Structural inspection intervals, and
    <bullet> Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to AD's that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Cost Impact

    The FAA estimates that 36 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$2,160, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 2000-NM-70-AD.

    Applicability: All Model A319, A320, and A321 series airplanes, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Section 9-1, ``Life Limits/
Monitored Parts,'' Revision 1, dated August 13, 1999, of the Airbus 
A319/A320/A321 Maintenance Planning Document, Volume 1, and Airbus 
Industrie A319/A320/A321 Airworthiness Limitation Items AI/SE-M4/
95A.0252/96, Issue 3, dated May 27, 1999, into the ALS.
    (b) Except as provided by paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or

[[Page 66200]]

inspection intervals may be approved for the structural elements 
specified in the document listed in paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-114.

Special Flight Permits

    (d) 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 requirements of this AD can be accomplished.

    Issued in Renton, Washington, on October 27, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28092 Filed 11-2-00; 8:45 am]
BILLING CODE 4910-13-P


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