[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
