[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Rules and Regulations]
[Pages 38290-38293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18769]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-160-AD; Amendment 39-10660; AD 98-15-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320-111 and -211 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.


[[Page 38291]]


ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320-111 and -211 series airplanes. 
This action requires repetitive inspections to detect fatigue cracking 
of the frames of the sliding windows in the cockpit, and repair, if 
necessary. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified in this AD are intended to detect and 
correct fatigue cracking of the frames of the sliding windows in the 
cockpit, which could result in reduced structural integrity of the 
pressure vessel of the fuselage of the airplane.

DATES: Effective July 31, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 31, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before August 17, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-160-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on certain Airbus Model A320-111 
and -211 series airplanes. The DGAC advises that, during full-scale 
fatigue testing, fatigue cracking was found on the frame of a sliding 
window in the cockpit, at the junction with a doubler. Such fatigue 
cracking of the frames of the sliding windows in the cockpit, if not 
corrected, could result in reduced structural integrity of the pressure 
vessel of the fuselage of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Airbus Service Bulletin A320-53-1065, 
dated May 4, 1992. This service bulletin describes procedures for 
repetitive ultrasonic inspections to detect fatigue cracking around 
fasteners A, B, and C of the frames of the sliding windows in the 
cockpit; and repetitive eddy current inspections to detect fatigue 
cracking around fasteners D and E of the frames of the sliding windows. 
The service bulletin also specifies that the inspections for fatigue 
cracking of the frames of the sliding windows should be accomplished 
only on the left side of certain airplanes, and only on the right side 
of certain other airplanes. In the case of one airplane, the 
inspections should be accomplished on both sides of the airplane. The 
DGAC classified this service bulletin as mandatory and issued French 
airworthiness directive 96-235-088(B), dated October 23, 1996, 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 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.19) 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 the 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, this AD is being issued to detect and correct 
fatigue cracking of the frames of the sliding windows in the cockpit, 
which could result in reduced structural integrity of the pressure 
vessel of the fuselage of the airplane. This AD requires accomplishment 
of the actions specified in the service bulletin described previously, 
except as discussed below.

Differences Between This Rule and Service Bulletin

    Operators should note that, unlike the procedures described in 
Airbus Service Bulletin A320-53-1065, this amendment would not permit 
further flight if cracking of the frame of a sliding window in the 
cockpit is detected. The FAA has determined that, because of the safety 
implications and consequences associated with such cracking, any 
subject window frame that is found to be cracked must be repaired prior 
to further flight.
    Operators also should note that, although the service bulletin 
specifies that the manufacturer may be contacted for disposition of 
repair conditions, this AD requires the repair of those conditions to 
be accomplished in accordance with a method approved by either the FAA, 
or the DGAC (or its delegated agent). In light of the type of repair 
that is required to address the identified unsafe condition, and in 
consonance with existing bilateral airworthiness agreements, the FAA 
has determined that, for this AD, a repair approved by either the FAA 
or the DGAC is acceptable for compliance with this AD.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 4 work hours (2 
work hours for each side of the airplane) to accomplish the required 
inspections, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of this AD would be $240 per airplane, 
per inspection cycle.

Determination of Rule's Effective Date

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, prior notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

[[Page 38292]]

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
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 under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-160-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

98-15-09   Airbus Industrie: Amendment 39-10660. Docket 97-NM-160-
AD.

    Applicability: Model A320-111 and -211 series airplanes, serial 
numbers 002 through 004 inclusive, and 023; on which Airbus 
Modification 20473 has not been accomplished; 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 (e) 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 detect and correct fatigue cracking of the frames of the 
sliding windows in the cockpit, which could result in reduced 
structural integrity of the pressure vessel of the fuselage of the 
airplane, accomplish the following:
    (a) Prior to the accumulation of 20,000 total flight cycles, or 
within 2,000 flight cycles after the effective date of this AD, 
whichever occurs later, accomplish the requirements of paragraphs 
(a)(1) and (a)(2) of this AD, in accordance with Airbus Service 
Bulletin A320-53-1065, dated May 4, 1992.
    (1) Perform an ultrasonic inspection to detect fatigue cracking 
around fasteners A, B, and C of the frame of the sliding window in 
the cockpit, on the left or right side of the airplane, as 
applicable.
    (2) Perform an eddy current inspection to detect fatigue 
cracking around fasteners D and E of the frame of the sliding window 
in the cockpit, on the left or right side of the airplane, as 
applicable.
    (b) If no cracking is detected during the inspections required 
by paragraph (a) of this AD, repeat the inspections thereafter at 
intervals not to exceed 13,000 flight cycles.
    (c) If any cracking is detected during the inspections required 
by paragraph (a) of this AD, and the total length of the cracks is 
less than 20 mm: Prior to further flight, repair in accordance with 
a method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Direction Generale 
de l'Aviation Civile (DGAC) (or its delegated agent). Accomplishment 
of such repair constitutes terminating action for the inspection 
requirements of paragraph (a) of this AD.
    (d) If any cracking is detected during the inspections required 
by paragraph (a) of this AD, and the total length of the cracks is 
20 mm or greater: Prior to further flight, repair in accordance with 
a method approved by the Manager, International Branch, ANM-116; or 
the DGAC (or its delegated agent).
    (e) 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. 
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.

    (f) 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.
    (g) The inspections shall be done in accordance with Airbus 
Service Bulletin A320-53-1065, dated May 4, 1992. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 96-235-088(B), dated October 23, 1996.

    (h) This amendment becomes effective on July 31, 1998.


[[Page 38293]]


    Issued in Renton, Washington, on July 8, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-18769 Filed 7-15-98; 8:45 am]
BILLING CODE 4910-13-U