[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Proposed Rules]
[Pages 19421-19423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9757]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-250-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 adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A320 series 
airplanes. This proposal would require repetitive rotating probe 
inspections of fastener holes and/or the adjacent tooling hole of a 
former junction of the aft fuselage, and corrective action, if 
necessary. This AD also provides for optional terminating action for 
the repetitive inspections. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by the proposed AD are 
intended to prevent reduced structural integrity of the aft fuselage 
caused by fatigue cracking of the former junction at frame 68.

DATES: Comments must be received by May 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-250-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.

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 97-NM-250-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. 97-NM-250-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, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A320 series airplanes. The 
DGAC advises that it has received a report indicating that, during 
fatigue tests on a Model A320 test article, at 85,734 simulated 
flights, four cracks developed in the fastener holes of the former 
junction at frame 68. Such fatigue cracking, if not detected and 
corrected in a timely manner, could result in reduced structural 
integrity of the aft fuselage of the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1089, dated November 22, 
1995, which describes procedures for performing a rotating probe 
inspection of the fastener holes and/or the adjacent tooling hole of 
the former junction at frame 68, as applicable (depending upon the 
configuration of the airplane), and follow-on repetitive inspections, 
if necessary.
    Airbus also has issued Service Bulletin A320-53-1090, dated 
November 22, 1995, which describes procedures for cold working the 
fastener holes and/or adjacent tooling hole (Modifications 21780 and 
21781), which would eliminate the need for the repetitive inspections 
specified in Airbus Service Bulletin A320-53-1089.
    The DGAC classified Airbus Service Bulletin A320-53-1089 as 
mandatory and issued French airworthiness directive 96-298-093(B)R1, 
dated January 29, 1997, in order to assure the continued airworthiness 
of these airplanes in France. (The DGAC approved Airbus Service 
Bulletin A320-53-1090.)

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

[[Page 19422]]

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 require accomplishment of 
the actions specified in Airbus Service Bulletin A320-53-1089, 
described previously; except that the repair of any crack would be 
required to be accomplished in accordance with a method approved by the 
FAA. This proposed AD also would provide for optional terminating 
action for the repetitive inspections required by this proposed AD.
    Operators should note that, in consonance with the findings of the 
DGAC, the FAA has determined that the repetitive inspections proposed 
by this AD can be allowed to continue in lieu of accomplishment of a 
terminating action. In making this determination, the FAA considers 
that, in this case, long-term continued operational safety will be 
adequately assured by accomplishing the repetitive inspections to 
detect cracking before it represents a hazard to the airplane.

Cost Impact

    The FAA estimates that 10 Airbus Model A320 series airplanes of 
U.S. registry would be affected by this proposed AD.
    Should an operator be required to accomplish the proposed 
inspection of the fastener holes and the adjacent tooling hole, it 
would take approximately 8 work hours per airplane to accomplish this 
proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of this inspection proposed by 
this AD on U.S. operators is estimated to be $480 per airplane, per 
inspection cycle.
    Should an operator be required to accomplish the proposed 
inspection of only the tooling hole, it would take approximately 3 work 
hours per airplane to accomplish this proposed inspection, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this inspection proposed by this AD on U.S. operators is 
estimated to be $180 per airplane, per inspection cycle.
    The cost impact figures discussed above are 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.
    Should an operator elect to accomplish the optional terminating 
action specified in this proposed AD, it would take approximately 9 
work hours to cold work the fastener holes and tooling hole, or 3 work 
hours to cold work (only) the tooling hole. The average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the 
optional terminating action would be $540 per airplane for cold working 
the fastener hole and tooling holes, or $180 per airplane for cold 
working (only) the tooling hole.

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 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 97-NM-250-AD.

    Applicability: Model A320 series airplanes, as listed in Airbus 
Service Bulletins A320-53-1089 and A320-53-1090, both dated November 
22, 1995; on which Airbus Modifications 21780 and 21781 (reference 
Airbus Service Bulletin A320-53-1090) have 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 (b) 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 former junction at 
frame 68, which could result in reduced structural integrity of the 
aft fuselage, accomplish the following:
    (a) Prior to the accumulation of 20,000 total flight cycles, or 
within 500 flight cycles after the effective date of this AD, 
whichever occurs later, perform a rotating probe inspection for 
fatigue cracking of the fastener holes and/or the adjacent tooling 
hole, as applicable, of the right- and left-hand former junctions at 
frame 68, in accordance with Airbus Service Bulletin A320-53-1089, 
dated November 22, 1995.
    (1) If no crack is detected, accomplish either paragraph 
(a)(1)(i) or (a)(1)(ii) of this AD.
    (i) Repeat the inspection thereafter at intervals not to exceed 
20,000 flight cycles. Or
    (ii) Prior to further flight following the accomplishment of the 
inspection required by paragraph (a) of this AD, cold work the 
fastener holes and/or the adjacent tooling hole of the right- and 
left-hand former junctions at frame 68, as applicable, in accordance 
with Airbus Service Bulletin A320-53-1090, dated November 22, 1995. 
Accomplishment of this cold working constitutes terminating action 
for the repetitive inspections required by this AD.
    (2) If any crack is detected, prior to further flight, repair it 
in accordance with a method approved by the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate.

[[Page 19423]]

    (b) 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.

    (c) 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 96-298-093(B)R1, dated January 29, 1997.

    Issued in Renton, Washington, on April 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-9757 Filed 4-17-98; 8:45 am]
BILLING CODE 4910-13-P