[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] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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