[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)] [Proposed Rules] [Pages 42286-42288] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-21104] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-NM-192-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A320 Series Airplanes Equipped With a Bulk Cargo Door 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 all Airbus Model A320 series airplanes equipped with a bulk cargo door. This proposal would require repetitive inspections to detect fatigue cracking of the upper frame flanges; and repair, if necessary. This proposal also would require modification of the upper frame flanges of the bulk cargo door, which constitutes 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 fatigue cracking of the upper frame flanges, which could result in reduced structural integrity of the airplane. DATES: Comments must be received by September 8, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 97-NM-192-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: [[Page 42287]] 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-192-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-192-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 all Airbus Model A320 series airplanes equipped with a bulk cargo door. The DGAC advises that, during full-scale fatigue testing on a Model A320 test article, fatigue cracking occurred at 89,000 simulated flights between frames 60 and 62 on the upper frame flanges. Such fatigue cracking, if not corrected, could result in reduced structural integrity of the airplane. Explanation of Relevant Service Information Airbus has issued Service Bulletin A320-53-1022, Revision 1, dated June 18, 1992, which describes procedures for repetitive high frequency eddy current inspections to detect fatigue cracking of the upper frame flanges. In addition, Airbus has issued Service Bulletin A320-53-1021, Revision 1, dated April 13, 1992, which describes procedures for a one- time high frequency eddy current inspection to detect fatigue cracking of the upper frame flanges; repair, if necessary; and modification of the upper frame flanges. The repair entails stop drilling the cracked hole, and installing a new angle, shim, and plate on frame 60 and/or 62. The modification involves reworking and flap peening the upper frame flanges of frames 60 and 62. Accomplishment of the repair or the modification would eliminate the need for the repetitive inspections described in Airbus Service Bulletin A320-53-1022, Revision 1. Accomplishment of the actions specified in the service bulletins is intended to adequately address the identified unsafe condition. The DGAC classified Airbus Service Bulletin A320-53-1022, Revision 1, as mandatory; approved Airbus Service Bulletin A320-53-1021, Revision 1; and issued French airworthiness directive 96-238-091(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 section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) 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 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 the service bulletins described previously, except as discussed below. Differences Between Proposed Rule and Foreign AD The proposed AD would differ from the parallel French airworthiness directive in that it would mandate the accomplishment of the terminating action for the repetitive inspections. The French airworthiness directive provides for that action as optional. Mandating the terminating action is based on the FAA's determination that long-term continued operational safety will be better assured by modifications or design changes to remove the source of the problem, rather than by repetitive inspections. Long-term inspections may not be providing the degree of safety assurance necessary for the transport airplane fleet. This, coupled with a better understanding of the human factors associated with numerous continual inspections, has led the FAA to consider placing less emphasis on inspections and more emphasis on design improvements. The proposed modification requirement is in consonance with these conditions. Cost Impact The FAA estimates that 8 airplanes of U.S. registry would be affected by this proposed AD. It would take approximately 1 work hour per airplane to accomplish the proposed inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection proposed by this AD on U.S. operators is estimated to be $480, or $60 per airplane, per inspection cycle. It would take approximately 4 work hours per airplane to accomplish the proposed modification, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the modification proposed by this AD on U.S. operators is estimated to be $1,920, or $240 per airplane. 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. 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 [[Page 42288]] 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-192-AD. Applicability: Model A320 series airplanes, equipped with a bulk cargo door (Airbus Modification 20029), 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 (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 fatigue cracking of the upper frame flanges, which could result in reduced structural integrity of the airplane, accomplish the following: (a) Prior to the accumulation of 20,000 total flight cycles, or within 1,200 flight cycles after the effective date of this AD, whichever occurs later: Perform a high frequency eddy current inspection to detect fatigue cracking of the upper frame flanges, in accordance with Airbus Service Bulletin A320-53-1022, Revision 1, dated June 18, 1992. (1) If no cracking is detected, accomplish either paragraph (a)(1)(i) or (a)(1)(ii) of this AD. (i) Repeat the eddy current inspection thereafter at intervals not to exceed 1,200 flight cycles until accomplishment of the requirements of paragraph (b) of this AD. Or (ii) Prior to further flight, modify the upper frame flanges, in accordance with Airbus Service Bulletin A320-53-1021, Revision 1, dated April 13, 1992. This modification constitutes terminating action for the requirements of this AD. (2) If any cracking is detected, prior to further flight, repair in accordance with Airbus Service Bulletin A320-53-1021, Revision 1, dated April 13, 1992. Accomplishment of the repair constitutes terminating action for the requirements of this AD. (b) Prior to the accumulation of 26,000 total flight cycles, or within 6,000 flight cycles after the effective date of this AD, whichever occurs later: Perform a high frequency eddy current inspection to detect fatigue cracking of the upper frame flanges, in accordance with Airbus Service Bulletin A320-53-1021, Revision 1, dated April 13, 1992. (1) If no cracking is detected, prior to further flight, modify the upper frame flanges, in accordance with the service bulletin. Accomplishment of this modification constitutes terminating action for the requirements of this AD. (2) If any cracking is detected, prior to further flight, repair in accordance with the service bulletin. Accomplishment of the repair constitutes terminating action for the requirements of this AD. (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 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. (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. Note 3: The subject of this AD is addressed in French airworthiness directive 96-238-091(B), dated October 23, 1996. Issued in Renton, Washington, on July 31, 1998. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-21104 Filed 8-6-98; 8:45 am] BILLING CODE 4910-13-P