65808 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 

accordance with the procedures specified in 

paragraph (l) of this AD. 

(j) Repeat ETHF Inspection 

For airplanes on which any splice repair 

was required by this AD: Within 30,000 flight 

cycles after the splice repair, repeat the 

inspection required by paragraph (g) of this 

AD for the repaired wing. If no cracking is 

found on the on the rear spar lower cap of 

the repaired wing, repeat the inspection on 

the affected wing rear spar lower cap 

thereafter at intervals not to exceed 2,550 

flight cycles. If any cracking is found during 

any inspection required by this paragraph, 

before further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (l) of this AD. 

(k) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraphs (g), (h), and 

(i) of this AD, if those actions were performed 

before the effective date of this AD using 

Boeing Alert Service Bulletin MD90–57A026, 

dated February 11, 2010, which is not 

incorporated by reference in this AD. 

(l) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), 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 manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(m) Related Information 

(1) For more information about this AD, 

contact Roger Durbin, Airframe Branch, 

ANM–120L, FAA, Los Angeles ACO, 3960 

Paramount Boulevard, Lakewood, California 

90712–4137; phone: (562) 627–5233; fax: 

(562) 627–5210; email: roger.durbin@faa.gov. 

(2) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, CA 

90846–0001; telephone 206–544–5000, 

extension 2; fax 206–766–5683; Internet 

https://www.myboeingfleet.com. 

(n) 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) Boeing Alert Service Bulletin MD90– 

57A026, Revision 1, dated February 23, 2011. 

(ii) Reserved. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, CA 

90846–0001; telephone 206–544–5000, 

extension 2; fax 206–766–5683; Internet 

https://www.myboeingfleet.com. 

(4) You may view this service information 

at FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 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/ibrlocations.html. 

Issued in Renton, Washington, on October 

19, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–26483 Filed 10–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0427; Directorate 

Identifier 2011–NM–202–AD; Amendment 

39–17233; AD 2012–21–17] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A320–214 and –232 

airplanes. This AD was prompted by 

reports that medium-head fasteners 

were installed in lieu of shear-head 

fasteners on a certain upper panel, 

which manufacturer fatigue and damage 

tolerance analyses demonstrated could 

have an effect on panel fatigue life. This 

AD requires repetitive inspections for 

cracking of certain fasteners, and repairs 

if necessary. We are issuing this AD to 

detect and correct such cracking, which 

could result in the loss of structural 

integrity of the airplane. 

DATES: This AD becomes effective 

December 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 5, 2012. 

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. That 

NPRM was published in the Federal 

Register on May 8, 2012 (77 FR 26996). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

A problem was reported during the 

installation of upper panels on Frame 35 in 

Airbus A320 final assembly line. 

Investigations revealed that medium head 

fasteners, Part Number (P/N) EN6114V3, 

were installed in lieu of shear head fasteners, 

P/N ASNA2657V3 and ASNA2043V3, which 

were previously used. Installation of these 

medium head fasteners leads to a deeper 

countersink in the panel. Fatigue and damage 

tolerance analyses were performed, the 

results of which demonstrated that this 

installation could have a fatigue impact on 

two rows of fasteners between stringers 

(STGR) 5 and 6, and indicated the need for 

a specific inspection in this area. 

This condition, if not detected and 

corrected, could impair the structural 

integrity of the affected aeroplanes. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD requires repetitive special detailed [high 

frequency eddy current] inspections [for 

cracking] of the affected fasteners and, 

depending on findings, the accomplishment 

of associated corrective actions [repair]. 

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 

have considered the comments received. 

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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 65809 

Support for the NPRM (77 FR 26996, 

May 8, 2012) 

Mr. Jason Aldrich stated that it 

appears from the analysis gathered that 

the repairs/modifications (proposed by 

the NPRM (77 FR 26996, May 8, 2012)) 

could significantly reduce potential 

damage to the airplane, which would 

directly result in improved safety for 

persons. 

Request To Clarify Repair Approval 

Airbus requested that we revise 

paragraph (h) of the NPRM (77 FR 

26996, May 8, 2012) to clarify that any 

Repair Approval Sheet (RAS) approved 

under authority of Airbus Design 

Organization Approval (DOA) number 

EASA 21J.031 is acceptable as a repair 

method for the EASA or its delegated 

agent. 

We disagree to change the AD because 

a change is not necessary. Paragraph (h) 

of the AD allows repairs approved by 

EASA or its delegated agent. We 

understand that Airbus has discretion to 

provide repair to their operators that 

meets the certification basis of the 

airplane and mitigates the unsafe 

condition addressed in the AD. We have 

not changed the AD in this regard. 

Request for Terminating Action 

Airbus requested that we allow a 

repair performed according to the 

proposed requirements in paragraph (h) 

of the NPRM (77 FR 26996, May 8, 

2012) as terminating action, as stated in 

paragraph (3) of EASA Airworthiness 

Directive 2011–0176, dated September 

13, 2011. 

We disagree to allow repairs as 

terminating action in this AD. The 

action identified by EASA in its AD is 

not necessarily terminating action. 

Under the provision of paragraph (i) of 

this AD, we will consider requests for 

approval of an alternative method of 

compliance (AMOC) if sufficient data 

are submitted to substantiate that a 

proposed repair meets an acceptable 

level of safety as terminating action for 

the repetitive inspections. We have not 

changed the AD in this regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

26996, May 8, 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 26996, 

May 8, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

44 products of U.S. registry. We also 

estimate that it will take about 3 workhours 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 $11,220, or $255 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 

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 26996, May 

8, 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. Comments will be available in 

the AD docket shortly after receipt. 

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 

■ 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 AD: 

2012–21–17 Airbus: Amendment 39–17233. 

Docket No. FAA–2012–0427; Directorate 

Identifier 2011–NM–202–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 5, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A320– 

214 and –232 airplanes; certificated in any 

category; manufacturer serial numbers 3456, 

3503, 3516, 3529, 3591, 3597, 3611, 3631, 

3696, 3698, 3714, 3719, 3775, 3777, 3780, 

3782, 3786, 3797, 3805, 3812, 3870, 3907, 

3909, 3913, 3922, 3929, 3946, 3953, 3975, 

3979, 3991, 4010, 4012, 4014, 4027, 4034, 

4043, 4046, 4064, 4065, 4084, 4093, 4094, 

and 4097. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Reason 

This AD was prompted by reports that 

medium-head fasteners were installed in lieu 

of shear-head fasteners on a certain upper 

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65810 Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Rules and Regulations 

panel, which manufacturer fatigue and 

damage tolerance analyses demonstrated 

could have an effect on panel fatigue life. We 

are issuing this AD to detect and correct such 

cracking, which could result in the loss of 

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 Inspection 

Before the accumulation of 35,900 total 

flight cycles or 88,100 total flight hours, 

whichever occurs first: Do a high frequency 

eddy current inspection for cracking of the 

two rows of six fasteners at frame 35 between 

stringers 5 and 6 on the left and right sides, 

in accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

53–1244, excluding Appendix 1, dated 

March 17, 2011. Repeat the inspection 

thereafter at intervals not to exceed 28,100 

flight cycles or 56,300 flight hours, 

whichever occurs first. 

(h) Corrective Action 

If any crack is detected during any 

inspection required by paragraph (g) of this 

AD: Before further flight, repair the crack 

using 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, 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, 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. 

(j) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0176, dated September 13, 

2011; and Airbus Service Bulletin A320–53– 

1244, excluding Appendix 1, dated March 

17, 2011; for related information. 

(k) 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 A320–53–1244, 

excluding Appendix 1, dated March 17, 

2011. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Airbus SAS–EAW 

(Airworthiness Office), 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 October 

16, 2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–26198 Filed 10–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0592; Directorate 

Identifier 2011–NM–253–AD; Amendment 

39–17230 AD 2012–21–14] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Bombardier, Inc. Model CL–600– 

2B19 (Regional Jet Series 100 & 440) 

airplanes. That AD currently requires a 

one-time inspection of the shafts of the 

main landing gear (MLG) side-brace 

fittings to detect corrosion, and the 

forward and aft bushings in the lefthand and right-hand MLG side-brace 

fittings to detect discrepancies. The 

existing AD also requires corrective and 

related actions if necessary. This new 

AD requires repetitive detailed 

inspections for corrosion and damage of 

the MLG side-brace fitting, and 

replacing the side-brace fitting shaft 

with the re-designed side-brace fitting 

shaft of the MLG if necessary. This AD 

also requires eventual replacement of 

certain side-brace fitting shafts with the 

re-designed part. Replacement with a redesigned side-brace fitting shaft of the 

MLG is terminating action for the 

repetitive inspections. This AD was 

prompted by reports of failure of the 

side-brace fitting shaft of the main 

landing gear (MLG) due to corrosion. 

We are issuing this AD to prevent 

fractures of the side-brace fitting shafts 

of the MLG, and possible collapse of the 

MLG. 

DATES: This AD becomes effective 

December 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 5, 2012. 

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: 

Jeffrey Zimmer, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7306; fax (516) 794–5531. 

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 

NPRM was published in the Federal 

Register on June 12, 2012 (77 FR 34870), 

and proposed to supersede AD 2004– 

22–23, Amendment 39–13851 (69 FR 

64856, November 9, 2004). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Due to the failure of the main landing gear 

(MLG) side brace fitting shaft, caused by 

corrosion, [Transport Canada Civil Aviation 

(TCCA)] Airworthiness Directive (AD) CF– 

2002–41 was issued to require inspection and 

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