[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42652-42655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16535]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0004; Directorate Identifier 2013-NM-143-AD;
Amendment 39-17900; AD 2014-14-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A320-111, -211, -212, and -231 airplanes. This AD was
prompted by reports of broken struts of the center wing box (CWB). This
AD requires a detailed inspection of the CWB struts for cracking, and
repair if necessary. We are issuing this AD to detect and correct
cracked or broken struts, which could result in strut failure and
consequent reduced structural integrity of the airplane.
DATES: This AD is effective August 27, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 27,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0004; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email [email protected]; 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.
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 by adding an AD that would apply to certain Airbus Model A320-
111, -211, -212, and -231 airplanes. The NPRM published in the Federal
Register on February 10, 2014 (79 FR 7596).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0149, dated July 16, 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:
Two cases of broken Centre Wing Box (CWB) struts have been
reported on A320 aeroplanes. Investigation results indicated that
strut thickness in the crack initiation area was lower than
specified in the production drawings. Only a limited batch of
aeroplanes is affected by this manufacturing defect.
This condition, if not corrected, could result in strut failure,
reducing the residual life of the remaining struts to below the
initial Design Service Goal, which would deteriorate the structural
integrity of the aeroplane.
For the reasons described above, this [EASA] AD requires
repetitive Detailed Visual inspections (DVI) of the lower and upper
ends of the CWB struts to detect cracks and, depending on findings,
accomplishment of associated corrective actions [repair].
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0004-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 7596, February 10,
2014) or on the determination of the cost to the public.
``Contacting the Manufacturer'' Paragraph in This 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
[[Page 42653]]
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 7596, February 10, 2014), 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
this 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.
No comments were provided to the NPRM (79 FR 7596, February 10,
2014) about these proposed changes. However, a comment was provided for
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013), in which the commenter 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 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 FAA-
approved. 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.
Other commenters to the NPRM discussed previously, Directorate
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out
that in many cases the foreign manufacturer's service bulletin and the
foreign authority's MCAI might have been issued some time before the
FAA AD. Therefore, the DOA might have provided U.S. operators with an
approved repair, developed with full awareness of the unsafe condition,
before the FAA AD is issued. Under these circumstances, to comply with
the FAA AD, the operator would be required to go back to the
manufacturer's DOA and obtain a new approval document, adding time and
expense to the compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate. We also have
decided not to include a generic reference to either the ``delegated
agent'' or ``DAH with State of Design Authority design organization
approval,'' but instead we have provided the specific delegation
approval granted by the State of Design Authority for the DAH
throughout this AD.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 7596, February 10, 2014) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 7596, February 10, 2014).
We also determined that these changes will not increase the economic
burden on any operator or increase the scope of this AD.
Costs of Compliance
We estimate that this AD affects 16 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per
Action Labor cost Parts cost product Cost on U.S. operators
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Inspection...................... 12 work-hours x $85 per hour = $0 $1,020 $16,320 per inspection cycle.
$1,020 per inspection cycle.
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[[Page 42654]]
We have received no definitive data that would enable us to provide
cost estimates for the on-condition action specified in this 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 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
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 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.
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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2014-14-05 Airbus: Amendment 39-17900; Docket No. FAA-2014-0004;
Directorate Identifier 2013-NM-143-AD.
(a) Effective Date
This AD is effective August 27, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Model A320-211, -212, and -231
airplanes, certificated in any category, all manufacturer serial
numbers up to 0136 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports of broken struts of the center
wing box (CWB) on certain airplanes. We are issuing this AD to
detect and correct cracked or broken struts, which could result in
strut failure and consequent reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections
At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD: Do a detailed inspection of each strut of the CWB for
cracking, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1149, Revision 01, dated February
12, 2013. Repeat the inspection thereafter at intervals not to
exceed 16,800 flight cycles or 33,600 flight hours, whichever occurs
first.
(1) For airplanes on which the inspection required by paragraph
(g) of this AD has not been done as of the effective date of this
AD: Do the inspection at the later of the times specified in
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
(i) Before the accumulation of 31,700 total flight cycles or
63,400 total flight hours since first flight, whichever occurs
first.
(ii) Within 1,250 flight cycles or 2,500 flight hours after the
effective date of this AD, whichever occurs first.
(2) For airplanes on which the inspection required by paragraph
(g) of this AD has been done as of the effective date of this AD: Do
the inspection within 16,800 flight cycles or 33,600 flight hours
after the most recent inspection, whichever occurs first.
(h) Repair
If any crack is found during any inspection required by
paragraph (g) of 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 DOA-authorized
signature.
(i) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A320-57-1149, dated
April 1, 2008, which is not incorporated by reference in this AD.
(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, 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: [email protected]. 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 2013-0149, dated July 16, 2013,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2014-0004-0002.
(2) Service information identified in this AD that is not
incorporated by reference may be viewed at the addresses specified
in paragraphs (l)(3) and (l)(4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference
[[Page 42655]]
(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 A320-57-1149, Revision 01, dated
February 12, 2013.
(ii) Reserved.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
(4) 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.
(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 June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-16535 Filed 7-22-14; 8:45 am]
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