FR Doc E8-970

[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4063-4066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29170; Directorate Identifier 2007-NM-075-AD;
Amendment 39-15345; AD 2008-02-15]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A319 and A320 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective February 28, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 28,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 13, 2007
(72 FR 52309). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

Some taperlocks used in the wing-to-fuselage junction at rib 1
were found to be non-compliant with the applicable specification,
resulting in a loss of pre-tension in the fasteners. In such
conditions, the structural integrity of the aircraft could be
affected.
This Airworthiness Directive mandates a repetitive internal
inspection of the lower stiffeners, and a repetitive external
inspection of the lower panels in center and outer wing box at level
of rib 1 junction.

The corrective action includes contacting Airbus for repair
instructions and repair if any crack is found. You may obtain further
information by examining the MCAI in the AD docket.

Comments

We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Refer to Revised Service Information

The Air Transport Association (ATA), on behalf of one of its
members, United Airlines, and Airbus ask that we refer to Airbus
Service Bulletins A320-57-1129 and A320-57-1130, both Revision 02, both
dated July 17, 2007, for accomplishing the specified actions.
We agree with the requests to refer to Revision 02 of Airbus
Service Bulletins A320-57-1129 and A320-57-1130. In the NPRM, we
referred to Airbus Service Bulletins A320-57-1129, and A320-57-1130,
both Revision 01, both dated July 28, 2006, as the appropriate sources
of service information for accomplishing the required actions. Revision
02 of the service bulletins updates the operator and aircraft
effectivity to show the latest information. No additional work is
required by these revisions of the service bulletins. We have changed
paragraphs (f)(1) and (f)(2) of this AD to refer to Revision 02 of the
service bulletins. We have also changed paragraphs (f)(1) and (f)(2) to
give credit to operators that have done the actions previously in
accordance with Revision 01 of the service bulletins. We have also
revised the sentence giving credit for an earlier service bulletin in
paragraph (f)(2) of this AD for clarity.

Request To Allow Installation of a Pin and Sleeve Fastener

ATA, on behalf of one of its members, Northwest Airlines (NWA),
states that installation of a pin-and-sleeve fastener, instead of the
taperlok fastener, should be allowed due to the practical difficulties
in accomplishing the NPRM

[[Page 4064]]

as currently written. NWA notes that installation of the taperlok
fasteners requires precision drilling and reaming of the tapered hole
and countersink, and adds that industry data show that the installation
of a MIL-B-85667 pin-and-sleeve fastener can be installed by
conventional manual drilling and reaming of a standard hole with
relative simplicity and still maintain the fatigue strength capability
of the taperlok fastener. NWA adds that the fastener capability
properties of the MIL-B-85667 pin-and-sleeve fastener (titanium tapered
pin and aluminum sleeve) meet or exceed those of the Airbus taperlok
fasteners for tensile, shear, and fatigue strength. NWA provided a
table that identifies the fastener properties.
We do not agree with the commenters' request. The commenters have
not provided sufficient data to demonstrate that this installation
would adequately address the identified unsafe condition. Although the
MIL-B-85667 pin-and-sleeve fastener material properties may be equal to
or better than the taperlok fasteners, there are other considerations
in selection of fasteners that must be addressed, in addition to proper
drilling and reaming of the tapered hole and countersink. Therefore, we
have not changed the AD in this regard. However, any operator may
request an alternative method of compliance (AMOC) in accordance with
the procedures in paragraph (g) of the AD, provided that sufficient
data are submitted to substantiate that the proposed AMOC would provide
an acceptable level of safety.

Conclusion

We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. This change will neither
increase the economic burden on any operator nor increase the scope of
the AD.

Differences Between This AD and the MCAI or Service Information

We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

We estimate that this AD will affect 583 products of U.S. registry.
We also estimate that it would take about between 16 and 77 work-hours
per product to comply with the basic requirements of this AD. The
average labor rate is $80 per work-hour. Based on these figures, we
estimate the cost of the AD on U.S. operators to be between $746,240
and $3,591,280, or between $1,280 and $6,160 per product.

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

We determined that 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 this AD:
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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
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 AD:

2008-02-15 Airbus: Amendment 39-15345. Docket No. FAA-2007-29170;
Directorate Identifier 2007-NM-075-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective February
28, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Airbus Model A319 and A320 series
airplanes, certificated in any category, all certified models, all
serial numbers (MSN); except airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD. Model A320 series airplanes MSN 2164
through MSN 2688 that have partially received Airbus Modification
33421 in production are affected by the requirements of this AD.
(1) Model A319 series airplanes that have received Airbus
Modifications 28238, 28162, and 28342 in production, or Airbus
Modification 33421 in production.
(2) Model A320 series airplanes that have received Airbus
Modification 33421 fully embodied in production.

Subject

(d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

[[Page 4065]]

The corrective action includes contacting Airbus for repair
instructions and repair if any crack is found.

Actions and Compliance

(f) Unless already done, do the following actions.
(1) For A320-200 aircraft: Before the defined threshold or
within the defined grace period after the effective date of this AD,
whichever occurs later, as listed in paragraph 1.E., ``Compliance,''
of Airbus Service Bulletin A320-57-1129, Revision 02, dated July 17,
2007, and following the instructions given in the service bulletin,
perform an internal ultrasonic inspection of the lower stiffeners in
the center and outer wing box at the level of the rib 1 junction to
detect cracks, and if any crack is found, before further flight
contact Airbus for repair instructions and repair. Repeat this
inspection at the intervals defined in paragraph 1.E.,
``Compliance,'' of the service bulletin. Actions done before the
effective date of this AD in accordance with Airbus Service Bulletin
A320-57-1129, Revision 01, dated July 28, 2006, are acceptable for
compliance with the corresponding actions of this paragraph.
(2) For all aircraft: Before the defined threshold or within the
defined grace period after the effective date of this AD, whichever
occurs later, as listed in paragraph 1.E., ``Compliance,'' of Airbus
Service Bulletin A320-57-1130, Revision 02, dated July 17, 2007, and
following the instructions given in the service bulletin, perform an
external ultrasonic inspection of the lower stiffeners in the center
and outer wing box at the level of the rib 1 junction to detect
cracks, and if any crack is found, before further flight contact
Airbus for repair instructions and repair. Repeat this inspection at
the intervals defined in paragraph 1.E., ``Compliance,'' of the
service bulletin. Actions done before the effective date of this AD
in accordance with Airbus Service Bulletin A320-57-1130, dated
September 10, 2004; or Revision 01, dated July 28, 2006; are
acceptable for compliance with the corresponding actions of this
paragraph.
(3) Modification of the aircraft in accordance with the
instructions contained in Airbus Service Bulletins A320-57-1131,
A320-57-1137, or A320-57-1140, all dated November 21, 2006;
terminates the repetitive inspection requirements of this AD.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information
as follows:
(1) Although the MCAI or service information does not specify a
compliance time for corrective action (repair of cracks), paragraphs
(f)(1) and (f)(2) of this AD require that the corrective action be
done before further flight.

(2) Although the MCAI and/or service information specify a
compliance time for accomplishing the inspections after the
effective date of the MCAI, this AD requires compliance within the
specified compliance time after the effective date of this AD.

Other FAA AD Provisions

(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2141; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

(h) Refer to MCAI EASA Airworthiness Directive 2007-0067R1,
dated June 7, 2007; and Airbus Service Bulletins A320-57-1129 and
A320-57-1130, both Revision 02, both dated July 17, 2007; for
related information.

Material Incorporated by Reference

(i) You must use the Airbus service information specified in
Table 1 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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
.

Table 1.--Material Incorporated by Reference
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Airbus service bulletin Revision Date
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A320-57-1129, including Appendix 01... 02................................. July 17, 2007.
A320-57-1130, including Appendix 01... 02................................. July 17, 2007.
A320-57-1131, including Appendix 01 Original........................... November 21, 2006.
and excluding Appendix 02.
A320-57-1137, including Appendix 01 Original........................... November 21, 2006.
and excluding Appendix 02.
A320-57-1140, including Appendix 01 Original........................... November 21, 2006.
and excluding Appendix 02.
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[[Page 4066]]

Issued in Renton, Washington, on January 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-970 Filed 1-23-08; 8:45 am]

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