[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55407-55409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26083]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-193-AD; Amendment 39-11362; AD 99-21-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A321 series airplanes. This action 
requires reinforcement of the fuselage structure between frames 62 and 
64. 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 prevent the loss of 
structural integrity of the rear part of the fuselage structure in the 
event of an undetected tail scrape during landing or takeoff.

DATES: Effective October 28, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 28, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before November 12, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-193-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 A321 
series airplanes. The DGAC advises that fourteen cases of tail scrapes 
during take-off and landing have been reported. These cases were caused 
by mishandling or abnormal operation of the airplane. Nevertheless, 
tail scrapes of the rear part of the fuselage with the ground can 
affect the structural integrity of the airplane. This condition, if not 
corrected, could result in undetected loss of structural integrity of 
the airplane, which could precipitate a structural failure during 
subsequent operation.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1130, Revision 01, dated 
July 8, 1998, which describes procedures for reinforcement of the 
fuselage structure between frames 62 and 64 to avoid structural damage 
in the event of a fuselage tail scrape with the ground. The 
reinforcement involves rotating probe inspections to detect cracking of 
existing fastener holes, and repairs, if necessary; replacement of 
lower frame sections between frame 62 and frame 64 with new reinforced 
lower frame sections; and installation of new supports for the 
hydraulic pipes between frame 62 and frame 64. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The DGAC classified this 
service bulletin as mandatory and issued French airworthiness directive 
1999-051-125(B), dated February 10, 1999, in order to assure the 
continued airworthiness of these airplanes in France.

[[Page 55408]]

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 21.19) 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 prevent the loss of 
structural integrity of the rear part of the fuselage structure in the 
event of an undetected tail scrape during landing or takeoff. This AD 
requires accomplishment of the actions specified in the service 
bulletin described previously.

Differences Between Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
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 would be 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 would be acceptable for compliance.

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 up to approximately 350 work 
hours to accomplish the required reinforcement, at an average labor 
rate of $60 per work hour. Required parts would be supplied free of 
charge by the airplane manufacturer. Based on these figures, the cost 
impact of this AD would be $21,000 per airplane.

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.

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 99-NM-193-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:

99-21-17  Airbus Industrie: Amendment 39-11362. Docket 99-NM-193-AD.

    Applicability: Model A321 series airplanes, certificated in any 
category; except those on which Airbus Modification 25791 has been 
incorporated in production, or on which Airbus Service Bulletin 
A320-53-1130, dated June 17, 1997, or Revision 01, dated July 8, 
1998, has been accomplished in service.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For

[[Page 55409]]

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 (c) 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 the loss of structural integrity of the rear part of 
the fuselage structure in the event of an undetected tail scrape 
during landing or takeoff, accomplish the following:
    (a) Except as required by paragraph (b) of this AD: Within six 
years after the effective date of this AD, accomplish all specified 
actions, including the reinforcement of the fuselage structure 
between frames 62 and 64, rotating probe inspections, and repairs, 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-53-1130, Revision 01, dated July 8, 1998.

    Note 2: Accomplishment of the reinforcement actions, in 
accordance with Airbus Service Bulletin A320-53-1130, dated June 17, 
1997, is acceptable for compliance with the requirements of 
paragraph (a) of this AD.

    (b) Where Airbus Service Bulletin A320-53-1130, dated June 17, 
1997, and Revision 01, dated July 8, 1998, state that the 
manufacturer should be contacted for the repair of certain 
conditions detected during the reinforcement procedure, such repairs 
must be accomplished prior to further flight in accordance with a 
method approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate; or the DGAC (or its delegated 
agent).

Alternative Methods of Compliance

    (c) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) 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.

Incorporation by Reference

    (e) Except as provided by paragraph (b) of this AD, the actions 
shall be done in accordance with Airbus Service Bulletin A320-53-
1130, Revision 01, dated July 8, 1998. 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 4: The subject of this AD is addressed in French 
airworthiness directive 1999-051-125(B), dated February 10, 1999.

    (f) This amendment becomes effective on October 28, 1999.

    Issued in Renton, Washington, on September 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-26083 Filed 10-12-99; 8:45 am]
BILLING CODE 4910-13-P