[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Proposed Rules]
[Pages 37078-37080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18157]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-01-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A320-
111, -211, -212, and -231 series airplanes, that currently requires 
reinforcement of the tail section of the fuselage at frames 68 and 69. 
That AD was prompted by reports indicating that the tail section has 
struck the runway during takeoffs and landings. This action would add a 
requirement for reinforcement of the tail section of the fuselage at 
frames 65 to 67. This action also would revise the applicability of the 
existing AD. The actions specified by the proposed AD are intended to 
prevent structural damage to the tail section when it strikes the 
runway, which could result in depressurization of the fuselage during 
flight.

DATES: Comments must be received by August 10, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-01-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    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.


[[Page 37079]]



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.
    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 98-NM-01-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. 98-NM-01-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 2, 1997, the FAA issued AD 97-08-04, amendment 39-9992 (62 
FR 17532, April 10, 1997), applicable to certain Airbus Model A320-111, 
-211, -212, and -231 airplanes, to require reinforcement of the tail 
section of the fuselage at frames 68 and 69. That action was prompted 
by reports indicating that the tail section has struck the runway 
during takeoffs and landings. The requirements of that AD are intended 
to prevent structural damage to the tail section when it strikes the 
runway; that condition, if not detected, could result in 
depressurization of the fuselage during flight.

Actions Since Issuance of Previous AD

    In the preamble to AD 97-08-04, the FAA specified that it may 
consider additional rulemaking to require modification of other 
affected fuselage frames once new service information was released by 
the manufacturer. The manufacturer has now released such information, 
and the FAA has determined that further rulemaking is indeed necessary; 
this proposed AD follows from that determination.

Explanation of New Service Information

    The manufacturer has issued Airbus Service Bulletin A320-53-1131, 
dated July 24, 1997, which describes procedures for modification of the 
tail section of the airplane by reinforcing the fuselage structure at 
frames 65 to 67. The modification involves strengthening the fuselage 
structure at frames C65, C66, and C67 by installing new lower frames. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.
    The manufacturer also has issued Revision 1 of Airbus Service 
Bulletin A320-53-1110, dated November 27, 1995. The original issue of 
the service bulletin was referenced in the existing AD as an 
appropriate source of service information for modification of the tail 
section of the airplane at frames 68 and 69. Revision 1 is essentially 
identical to the original issue of the service bulletin; however, it 
revises references to certain part numbers.
    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, classified these service bulletins 
as mandatory and issued French airworthiness directive 97-315-109(B), 
dated October 22, 1997, in order to assure the continued airworthiness 
of these airplanes in France.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed 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.

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 supersede AD 97-08-04 to 
continue to require reinforcement of the tail section of the fuselage 
at frames 68 and 69. The proposed AD would add a requirement for 
reinforcement of the tail section of the fuselage at frames 65 to 67. 
This action also would revise the applicability of the existing AD. The 
actions would be required to be accomplished in accordance with the 
service bulletins described previously.

Cost Impact

    There are approximately 118 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The actions that are currently required by AD 97-08-04, and 
retained in this proposed AD, take approximately 196 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Required parts will be provided by the manufacturer at no cost to the 
operators. Based on these figures, the cost impact of the currently 
required actions on U.S. operators is estimated to be $1,387,680, or 
$11,760 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 488 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be provided by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of the proposed requirements of this AD on U.S. 
operators is estimated to be $3,455,040, or $29,280 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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

[[Page 37080]]

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 removing amendment 39-9992 (62 FR 
17532, April 10, 1997), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 98-NM-01-AD. Supersedes AD 97-08-04, 
Amendment 39-9992.

    Applicability: Model A320 series airplanes on which Airbus 
Modification 22764 has not been installed, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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 prevent structural damage to the tail section when it strikes 
the runway, which could result in depressurization of the fuselage 
during flight, accomplish the following:

Restatement of Requirement of AD 97-08-04

    (a) For airplanes listed in Airbus Service Bulletin A320-53-
1110, dated August 28, 1995: Within 6 years after May 15, 1997 (the 
effective date of AD 97-08-04, amendment 39-9992), modify the 
fuselage by reinforcing frames 68 and 69 in accordance with Airbus 
Service Bulletin A320-53-1110, dated August 28, 1995; or Revision 1, 
dated November 27, 1995.

New Requirements of this AD

    (b) For airplanes other than those identified in paragraph (a) 
of this AD: Within 5 years after the effective date of this AD, 
modify the fuselage by reinforcing frames 68 and 69 in accordance 
with Airbus Service Bulletin A320-53-1110, dated August 28, 1995, or 
Revision 1, dated November 27, 1995.
    (c) For all airplanes: Within 5 years after the effective date 
of this AD, modify the fuselage by reinforcing frames 65 to 67 in 
accordance with Airbus Service Bulletin A320-53-1131, dated July 24, 
1997.
    (d) 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-116.

    (e) 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.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 97-315-109(B), dated October 22, 1997.

    Issued in Renton, Washington, on July 1, 1998.
Stewart R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-18157 Filed 7-8-98; 8:45 am]
BILLING CODE 4910-13-U