Airworthiness Directives; Airbus Airplanes, 51058-51061 [2013-20105]
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51058
Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Rules and Regulations
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Bombardier Service Bulletin 670BA–32–
031, Revision C, dated April 17, 2012.
(ii) Bombardier Service Bulletin 670BA–
32–033, Revision B, dated June 26, 2012.
(iii) Goodrich Service Bulletin 49000–32–
46 R2, dated November 11, 2011.
(iv) Goodrich Service Bulletin 49600–32–
63 R1, dated May 17, 2011.
(v) Goodrich Service Bulletin 49600–32–64
R3, dated December 15, 2011.
(3) For Bombardier service information
identified in this AD, contact Bombardier,
ˆ
Inc., 400 Cote-Vertu Road West, Dorval,
´
Quebec H4S 1Y9, Canada; telephone 514–
855–5000; fax 514–855–7401; email thd.crj@
aero.bombardier.com; Internet https://
www.bombardier.com.
(4) For Goodrich service information
identified in this AD, contact Goodrich
Corporation, Landing Gear, 1400 South
Service Road, West Oakville L6L 5Y7,
Ontario, Canada; telephone 905–825–1568;
email jean.breed@goodrich.com; Internet
https://www.goodrich.com/TechPubs.
(5) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(6) You may view this service information
that is incorporated by reference 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 31,
2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–20109 Filed 8–19–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1038; Directorate
Identifier 2011–NM–166–AD; Amendment
39–17537; AD 2013–15–21]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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AGENCY:
We are superseding
airworthiness directive (AD) 2004–13–
06 for certain Airbus Model A319 and
A320 series airplanes. AD 2004–13–06
SUMMARY:
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required repetitive detailed inspections
to detect cracks in the keel beam side
panels, and repair if necessary. This
new AD requires repetitive eddy current
inspections for cracking in the keel
beam side panels, and corrective actions
if necessary. This AD was prompted by
reports of cracks on the side panels of
the keel beams. We are issuing this AD
to detect and correct fatigue cracks on
the side panels of the keel beams, which
could result in reduced structural
integrity of the airplane.
DATES: This AD becomes effective
September 24, 2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 24, 2013.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone (425) 227–1405;
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. The
NPRM was published in the Federal
Register on October 4, 2012 (77 FR
60655), and proposed to supersede AD
2004–13–06, Amendment 39–13688 (69
FR 38818, June 29, 2004). The NPRM
proposed to correct an unsafe condition
for the specified products. The
European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2011–0134,
dated July 15, 2011 (referred to after this
as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
During certification structural fatigue tests,
several cases of structural damage (cracks)
have been found on keel beam side panels.
Cracks were observed on both sides of the
keel beam around the rivets below the center
wing box between frame (FR) 40 and FR 42,
and in part of the area of the upper elliptical
cut out forward of FR 41.
This type of damage, if not detected and
repaired, would adversely affect the
structural integrity of the aeroplane.
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To address this unsafe condition, DGAC
´ ´
[Direction Generale de l’Aviation Civile]
France issued AD 2003–146 [which
corresponds to FAA AD 2004–13–06,
Amendment 39–13688 (69 FR 38818, June
29, 2004)] to require repetitive detailed
inspections of those two areas and corrective
actions, depending on findings.
Prompted by reported access difficulties
and to allow extension of the interval
between two consecutive inspections, Airbus
validated an Eddy current Non-Destructive
Test (NDT) inspection to replace the detailed
inspection.
For the reasons described above, this
[EASA] AD, which supersedes DGAC France
AD 2003–146, requires repetitive Eddycurrent NDT inspections for cracks in the
affected areas of the keel beam side panel
below the center wing box and corrective
actions [repair], depending on findings.
You may obtain further information by
examining the MCAI in the AD docket.
Revised Service Information
The NPRM (77 FR 60655, October 4,
2012) referred to Airbus Mandatory
Service Bulletin A320–53–1060,
Revision 02, dated November 30, 2010,
as the appropriate source of service
information for the proposed actions.
Airbus has revised this service
information. We have reviewed Airbus
Mandatory Service Bulletin A320–53–
1060, Revision 04, dated September 13,
2012, which includes an updated
effectivity, an added illustration,
amended job set-up and close-up
procedures, and minor changes, but
adds no accomplishment instruction
procedures.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Revise Referenced Service
Information
Jetblue Airways requested that we
revise the NPRM (77 FR 60655, October
4, 2012) to reference the latest service
information.
We agree. As explained above, we
reviewed Airbus Mandatory Service
Bulletin A320–53–1060, Revision 04,
dated September 13, 2012. We have
revised this final rule to refer to Airbus
Mandatory Service Bulletin A320–53–
1060, Revision 04, dated September 13,
2012; to add new paragraph (i) to allow
credit for actions accomplished before
the effective date of this AD using
Airbus Mandatory Service Bulletin
A320–53–1060, Revision 02, dated
November 30, 2010, or Revision 03,
dated January 20, 2012; and to reidentify subsequent paragraphs.
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Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Rules and Regulations
Requests To Correct Subparagraph
References
Delta Airlines (Delta) and Airbus
requested that we fix typographical
errors in paragraphs (g) and (j) of the
NPRM (77 FR 60655, October 4, 2012),
which refer to incorrect paragraphs.
We agree that those paragraphs were
misidentified in the NPRM (77 FR
60655, October 4, 2012). We have
changed paragraph (g) in this final rule
to refer to paragraphs (g)(1) and (g)(2) of
this final rule, instead of paragraphs
(k)(1) and (k)(2) of this final rule. We
have also changed paragraph (k) of this
final rule (identified as paragraph (j) in
the NPRM), to refer to paragraphs (k)(1),
(k)(2), and (k)(3) of this final rule.
Request for Clarification of Inspection
Interval
Delta requested that we clarify
whether the eddy current inspection
specified in the NPRM (77 FR 60655,
October 4, 2012) will allow extension of
the inspection intervals that are
required by AD 2004–13–06. Delta
stated it agrees that an eddy current
inspection will be a more effective way
to detect cracks than a detailed visual
inspection, but disagrees that it will
solve the access difficulty problem.
We agree to clarify these issues. EASA
and Airbus later acknowledged that the
general visual inspection was replaced
with non-destructive testing (eddy
current inspection) because the eddy
current inspection procedure is a more
effective way to detect cracking, not
because the inspection area was difficult
to access as stated in the MCAI. There
is no change in the initial inspection
compliance time for the eddy current
inspection as compared to the initial
inspection compliance time for the
general visual inspection; however, the
repetitive inspection interval for the
eddy current inspection (12,000 flight
cycles or 26,700 flight hours) is at a
greater interval as compared to the
repetitive inspection interval for the
general visual inspection (4,300 flight
cycles or 9,600 flight hours). We have
not changed this final rule in this
regard.
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Request To Allow Flight With Cracks
The NPRM (77 FR 60655, October 4,
2012) requires crack repair before
further flight. Delta requested that
operators be allowed to comply with the
crack repair compliance times described
in Airbus Mandatory Service Bulletin
A320–53–1060 (as referenced in EASA
AD 2011–0134, dated July 15, 2011), or
decrease the compliance times for crack
repair in inspection Area A, instead of
eliminating the repair deferral time
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specified in the NPRM. Delta stated that
this would ease accomplishment of
repetitive inspections for operators.
We are aware that Airbus Mandatory
Service Bulletin A320–53–1060 allows
deferral of crack repair in certain areas
based on crack length. We usually do
not allow dispatch with known cracks
in primary structure. As specified in the
NPRM (77 FR 60655, October 4, 2012)
under ‘‘Differences Between This AD
and the MCAI or Service Information,’’
we find that, to achieve an adequate
level of safety for the affected fleet,
fatigue cracks on the side panels of the
keel beams must be repaired prior to
further flight. However, if an operator
has an inspection plan for tracking crack
length and mitigating the risks
associated with flight with cracks, then
we will consider its request for approval
of an alternative method of compliance
in accordance with the provisions
specified in paragraph (j) of this final
rule. We have not changed this final
rule in this regard.
Request To Approve Airbus Repair
Approval Sheet (RAS)
Airbus requested that we consider
each Airbus RAS approved under
Airbus Design Organization Approval
(DOA) EASA.21J.031, provided after
cracking is reported, as an approved
method for repair, as required by
paragraph (h)(2) of the NPRM (77 FR
60655, October 4, 2012).
We agree to clarify. Airbus has design
organization approval authority from
EASA and, therefore, a RAS approved
under DOA EASA.21J.031 would be a
method of compliance for a repair
required by this AD under the
provisions specified in paragraph (j)(2)
of this AD. We have not changed this
AD in this regard.
Request To Update Airbus Contact
Information
Airbus requested that we replace the
acronym EAS with the acronym EIAS in
its contact information.
We agree to change the Airbus contact
information in this AD.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously—
and minor editorial changes. We have
determined that these changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
60655, October 4, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
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51059
proposed in the NPRM (77 FR 60655,
October 4, 2012).
Costs of Compliance
We estimate that this AD will affect
about 351 products of U.S. registry.
We estimate that it will take about 29
work-hours per product to comply with
the new basic requirements of this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of this AD to the U.S.
operators to be $865,215, or $2,465 per
product.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this AD. We have no way
of determining the number of products
that may need these actions.
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 that 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);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
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Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Rules and Regulations
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 https://
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 this AD, the MCAI, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing airworthiness directive (AD)
2004–13–06, Amendment 39–13688 (69
FR 38818, June 29, 2004), and adding
the following new AD:
■
2013–15–21 Airbus: Amendment 39–17537.
Docket No. FAA–2012–1038; Directorate
Identifier 2011–NM–166–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective September 24, 2013.
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(b) Affected ADs
This AD supersedes AD 2004–13–06,
Amendment 39–13688 (69 FR 38818, June
29, 2004).
(c) Applicability
This AD applies to Airbus Model A319–
111, –112, –113, –114, –115, –131, –132, and
–133 airplanes; and Model A320–111, –211,
–212, –214, –231, –232, and –233 airplanes;
certificated in any category; all manufacturer
serial numbers, except those having
embodied Airbus modification 30355 in
production.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
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(e) Reason
This AD was prompted by reports of cracks
on the side panels of the keel beams. We are
issuing this AD to detect and correct fatigue
cracks on the side panels of the keel beams,
which could result in reduced structural
integrity of the airplane.
further flight, repair the affected area in
accordance with a method approved by
either the Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA; or the European Aviation Safety
Agency (EASA) (or its delegated agent).
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
This paragraph provides credit for the
actions required by paragraphs (g) and (h) of
this AD, if those actions were performed
before the effective date of this AD using
Airbus Mandatory Service Bulletin A320–53–
1060, Revision 02, dated November 30, 2010;
or Revision 03, dated January 20, 2012;
which are not incorporated by reference in
this AD.
(g) Repetitive Eddy Current Inspection
At the applicable compliance time in
paragraph (g)(1) or (g)(2) of this AD: Do an
eddy current non-destructive test (NDT)
inspection to detect cracks in the keel beam
side panels at Area A and Area B, in
accordance with the Accomplishment
Instructions of Airbus Mandatory Service
Bulletin A320–53–1060, Revision 04, dated
September 13, 2012. Repeat the inspection
thereafter at intervals not to exceed 12,000
flight cycles or 26,700 flight hours,
whichever occurs first. Area A is part of the
area of the upper elliptical cut-out stringer
(STGR) 42 on the left-hand (LH) and righthand (RH) side forward of frame (FR) 41;
Area B is the area around the fasteners on
both sides of the keel beam side panel below
the center wing box at STGR 42 on the LH
and RH side between FR 40 and FR 42.
(1) For airplanes that have been inspected
as specified in Airworthiness Limitations
Item (ALI) Task 533142–01–1, which was
specified in the Airbus A319/A320/A321 ALI
document up to Revision 05 inclusive; or as
specified in Airbus A319/A320/A321
Maintenance Review Board (MRB) Report up
to Revision 08 inclusive; or as specified in
the instructions of Airbus Service Bulletin
A320–53–1060, dated June 19, 2002, or
Revision 01, dated April 2, 2004: At the later
of the times specified in paragraphs (g)(1)(i)
and (g)(1)(ii) of this AD.
(i) Within 4,300 flight cycles or 9,600 flight
hours after the last inspection, whichever
occurs first.
(ii) Within 30 days after the effective date
of this AD.
(2) For airplanes other than those
identified in paragraph (g)(1) of this AD: At
the later of the times specified in paragraphs
(g)(2)(i) and (g)(2)(ii) of this AD.
(i) Prior to the accumulation of 24,200 total
flight cycles, or 48,400 total flight hours,
whichever occurs first.
(ii) Within 30 days after the effective date
of this AD.
(h) Corrective Action for Cracking
(1) If any crack is found in Area A during
any inspection required by paragraph (g) of
this AD: Before further flight, repair the
affected area, in accordance with the
Accomplishment Instructions of Airbus
Mandatory Service Bulletin A320–53–1060,
Revision 04, dated September 13, 2012.
Accomplishing a repair terminates the
repetitive inspections of Area A required by
paragraph (g) of this AD for that side of the
keel beam.
(2) If any crack is found in Area B during
any inspection required by this AD: Before
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(i) Credit for Previous Actions
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the International
Branch, send it to ATTN: Sanjay Ralhan,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton, WA
98057–3356; telephone (425) 227–1405; fax
(425) 227–1149. Information may be emailed
to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(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.
(k) Special Flight Permits
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 airplane can be repaired
(if the operator elects to do so), provided the
conditions in paragraphs (k)(1), (k)(2), and
(k)(3) of this AD are met. Areas A and B are
defined in Airbus Mandatory Service
Bulletin A320–53–1060, Revision 04, dated
September 13, 2012.
(1) No multiple cracks in Area A.
(2) If there is a single crack in Area A, the
length must be less than 20.0 millimeters
(0.79 inch).
(3) No cracking in Area B.
(l) Related Information
(1) Refer to MCAI EASA Airworthiness
Directive 2011–0134, dated July 15, 2011, for
related information, which can be found in
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the AD docket on the internet at https://
www.regulations.gov.
(2) Service information identified in this
AD that is not incorporated by reference may
be obtained at the address specified in
paragraphs (m)(3) and (m)(4) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Mandatory Service Bulletin
A320–53–1060, Revision 04, dated
September 13, 2012.
(ii) Reserved.
(3) For service information identified in
this AD, Airbus, Airworthiness Office—EIAS,
1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61
93 36 96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com; Internet
https://www.airbus.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 26,
2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–20105 Filed 8–19–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
32 CFR Part 199
[DoD–2010–HA–0072]
RIN 0720–AB41
TRICARE; Reimbursement of Sole
Community Hospitals and Adjustment
to Reimbursement of Critical Access
Hospitals; Correction
Office of the Secretary,
Department of Defense (DoD).
ACTION: Final rule; correction.
AGENCY:
On Thursday, August 8, 2013
(78 FR 48303–48311), the Department of
Defense published a final rule titled
TRICARE; Reimbursement of Sole
Community Hospitals and Adjustment
to Reimbursement of Critical Access
Hospitals. Subsequent to the publication
of the final rule in the Federal Register,
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SUMMARY:
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22:41 Aug 19, 2013
Jkt 229001
DoD discovered two errors. This rule
corrects these errors.
DATES: Effective October 7, 2013.
FOR FURTHER INFORMATION CONTACT: Ann
Fazzini, TRICARE Management Activity
(TMA), Medical Benefits and
Reimbursement Branch, telephone (303)
676–3803.
SUPPLEMENTARY INFORMATION:
■ 1. On page 48308, in the first column,
in the fifth and sixth lines from the top,
‘‘Avera Queen of Peach’’ should read
‘‘Avera Queen of Peace.’’
■ 2. On page 48309, in Table 2, in the
State column, in the first entry, ‘‘FL’’
should read ‘‘NC.’’
Dated: August 14, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2013–20179 Filed 8–19–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG–2011–0563]
RIN 1625–AA01
Special Anchorage Areas; Port of New
York, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two special anchorage
areas, Special Anchorage Area North
and Special Anchorage Area South,
along the Hudson River adjacent to
Manhattan at the 79th Street Boat Basin;
revising the New York City Harbor
Master phone number for Sheepshead
Bay, NY; and disestablishing the
Captain of the Port New York
Commercial Mooring Buoy permit
regulations and table displaying the
mooring anchor, chain, and pendant
requirements. The Coast Guard is not
establishing two special anchorage areas
on Sandy Hook Bay or disestablishing
the western special anchorage area in
Sheepshead Bay, as originally proposed.
This action is necessary to facilitate safe
navigation in these areas and provide
safe and secure anchorages for vessels
not more than 65 feet in length. This
action is intended to increase the safety
of life and property in New York City,
improve the safety of anchored vessels,
and provide for the overall safe and
efficient flow of vessel traffic and
commerce.
SUMMARY:
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51061
This rule is effective September
19, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2011–0563]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Jeff Yunker, Waterways
Management Division, Coast Guard
Sector New York; telephone (718) 354–
4195, email Jeff.M.Yunker@uscg.mil or
Lieutenant Isaac Slavitt, Waterways
Management Division at Coast Guard
First District, telephone (617) 223–8385,
email Isaac.M.Slavitt@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYC PARKS New York City Department of
Parks and Recreation
A. Regulatory History and Information
On February 6, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Special Anchorage Areas; Port
of New York, NY in the Federal Register
(77 FR 5743). We received 13 comments
on the proposed rule. A public hearing
was requested, but none was held since
the written comments clearly expressed
the views of the commenters and oral
presentations would not aid in the
rulemaking process.
B. Basis and Purpose
The legal basis for the rule is 33
U.S.C. 471, 1221 through 1236, 2030,
2035, 2071; 33 CFR 1.05–1; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define anchorage grounds.
The specific reasons for this
rulemaking are requests submitted by
the local governments with jurisdiction
over the current mooring fields and
special anchorage areas to clarify their
usage. Additionally, the removal of the
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Rules and Regulations]
[Pages 51058-51061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20105]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1038; Directorate Identifier 2011-NM-166-AD;
Amendment 39-17537; AD 2013-15-21]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding airworthiness directive (AD) 2004-13-06 for
certain Airbus Model A319 and A320 series airplanes. AD 2004-13-06
required repetitive detailed inspections to detect cracks in the keel
beam side panels, and repair if necessary. This new AD requires
repetitive eddy current inspections for cracking in the keel beam side
panels, and corrective actions if necessary. This AD was prompted by
reports of cracks on the side panels of the keel beams. We are issuing
this AD to detect and correct fatigue cracks on the side panels of the
keel beams, which could result in reduced structural integrity of the
airplane.
DATES: This AD becomes effective September 24, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
24, 2013.
ADDRESSES: You may examine the AD docket on the Internet at https://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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405;
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.
The NPRM was published in the Federal Register on October 4, 2012 (77
FR 60655), and proposed to supersede AD 2004-13-06, Amendment 39-13688
(69 FR 38818, June 29, 2004). The NPRM proposed to correct an unsafe
condition for the specified products. The European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, has issued EASA Airworthiness Directive 2011-
0134, dated July 15, 2011 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
During certification structural fatigue tests, several cases of
structural damage (cracks) have been found on keel beam side panels.
Cracks were observed on both sides of the keel beam around the
rivets below the center wing box between frame (FR) 40 and FR 42,
and in part of the area of the upper elliptical cut out forward of
FR 41.
This type of damage, if not detected and repaired, would
adversely affect the structural integrity of the aeroplane.
To address this unsafe condition, DGAC [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] France issued AD 2003-
146 [which corresponds to FAA AD 2004-13-06, Amendment 39-13688 (69
FR 38818, June 29, 2004)] to require repetitive detailed inspections
of those two areas and corrective actions, depending on findings.
Prompted by reported access difficulties and to allow extension
of the interval between two consecutive inspections, Airbus
validated an Eddy current Non-Destructive Test (NDT) inspection to
replace the detailed inspection.
For the reasons described above, this [EASA] AD, which
supersedes DGAC France AD 2003-146, requires repetitive Eddy-current
NDT inspections for cracks in the affected areas of the keel beam
side panel below the center wing box and corrective actions
[repair], depending on findings.
You may obtain further information by examining the MCAI in the AD
docket.
Revised Service Information
The NPRM (77 FR 60655, October 4, 2012) referred to Airbus
Mandatory Service Bulletin A320-53-1060, Revision 02, dated November
30, 2010, as the appropriate source of service information for the
proposed actions. Airbus has revised this service information. We have
reviewed Airbus Mandatory Service Bulletin A320-53-1060, Revision 04,
dated September 13, 2012, which includes an updated effectivity, an
added illustration, amended job set-up and close-up procedures, and
minor changes, but adds no accomplishment instruction procedures.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Revise Referenced Service Information
Jetblue Airways requested that we revise the NPRM (77 FR 60655,
October 4, 2012) to reference the latest service information.
We agree. As explained above, we reviewed Airbus Mandatory Service
Bulletin A320-53-1060, Revision 04, dated September 13, 2012. We have
revised this final rule to refer to Airbus Mandatory Service Bulletin
A320-53-1060, Revision 04, dated September 13, 2012; to add new
paragraph (i) to allow credit for actions accomplished before the
effective date of this AD using Airbus Mandatory Service Bulletin A320-
53-1060, Revision 02, dated November 30, 2010, or Revision 03, dated
January 20, 2012; and to re-identify subsequent paragraphs.
[[Page 51059]]
Requests To Correct Subparagraph References
Delta Airlines (Delta) and Airbus requested that we fix
typographical errors in paragraphs (g) and (j) of the NPRM (77 FR
60655, October 4, 2012), which refer to incorrect paragraphs.
We agree that those paragraphs were misidentified in the NPRM (77
FR 60655, October 4, 2012). We have changed paragraph (g) in this final
rule to refer to paragraphs (g)(1) and (g)(2) of this final rule,
instead of paragraphs (k)(1) and (k)(2) of this final rule. We have
also changed paragraph (k) of this final rule (identified as paragraph
(j) in the NPRM), to refer to paragraphs (k)(1), (k)(2), and (k)(3) of
this final rule.
Request for Clarification of Inspection Interval
Delta requested that we clarify whether the eddy current inspection
specified in the NPRM (77 FR 60655, October 4, 2012) will allow
extension of the inspection intervals that are required by AD 2004-13-
06. Delta stated it agrees that an eddy current inspection will be a
more effective way to detect cracks than a detailed visual inspection,
but disagrees that it will solve the access difficulty problem.
We agree to clarify these issues. EASA and Airbus later
acknowledged that the general visual inspection was replaced with non-
destructive testing (eddy current inspection) because the eddy current
inspection procedure is a more effective way to detect cracking, not
because the inspection area was difficult to access as stated in the
MCAI. There is no change in the initial inspection compliance time for
the eddy current inspection as compared to the initial inspection
compliance time for the general visual inspection; however, the
repetitive inspection interval for the eddy current inspection (12,000
flight cycles or 26,700 flight hours) is at a greater interval as
compared to the repetitive inspection interval for the general visual
inspection (4,300 flight cycles or 9,600 flight hours). We have not
changed this final rule in this regard.
Request To Allow Flight With Cracks
The NPRM (77 FR 60655, October 4, 2012) requires crack repair
before further flight. Delta requested that operators be allowed to
comply with the crack repair compliance times described in Airbus
Mandatory Service Bulletin A320-53-1060 (as referenced in EASA AD 2011-
0134, dated July 15, 2011), or decrease the compliance times for crack
repair in inspection Area A, instead of eliminating the repair deferral
time specified in the NPRM. Delta stated that this would ease
accomplishment of repetitive inspections for operators.
We are aware that Airbus Mandatory Service Bulletin A320-53-1060
allows deferral of crack repair in certain areas based on crack length.
We usually do not allow dispatch with known cracks in primary
structure. As specified in the NPRM (77 FR 60655, October 4, 2012)
under ``Differences Between This AD and the MCAI or Service
Information,'' we find that, to achieve an adequate level of safety for
the affected fleet, fatigue cracks on the side panels of the keel beams
must be repaired prior to further flight. However, if an operator has
an inspection plan for tracking crack length and mitigating the risks
associated with flight with cracks, then we will consider its request
for approval of an alternative method of compliance in accordance with
the provisions specified in paragraph (j) of this final rule. We have
not changed this final rule in this regard.
Request To Approve Airbus Repair Approval Sheet (RAS)
Airbus requested that we consider each Airbus RAS approved under
Airbus Design Organization Approval (DOA) EASA.21J.031, provided after
cracking is reported, as an approved method for repair, as required by
paragraph (h)(2) of the NPRM (77 FR 60655, October 4, 2012).
We agree to clarify. Airbus has design organization approval
authority from EASA and, therefore, a RAS approved under DOA
EASA.21J.031 would be a method of compliance for a repair required by
this AD under the provisions specified in paragraph (j)(2) of this AD.
We have not changed this AD in this regard.
Request To Update Airbus Contact Information
Airbus requested that we replace the acronym EAS with the acronym
EIAS in its contact information.
We agree to change the Airbus contact information in this AD.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously--and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 60655, October 4, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 60655, October 4, 2012).
Costs of Compliance
We estimate that this AD will affect about 351 products of U.S.
registry.
We estimate that it will take about 29 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the U.S. operators to be $865,215, or $2,465 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD. We
have no way of determining the number of products that may need these
actions.
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 that 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);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities
[[Page 51060]]
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 https://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 this AD, the MCAI, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 removing airworthiness directive (AD)
2004-13-06, Amendment 39-13688 (69 FR 38818, June 29, 2004), and adding
the following new AD:
2013-15-21 Airbus: Amendment 39-17537. Docket No. FAA-2012-1038;
Directorate Identifier 2011-NM-166-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective September
24, 2013.
(b) Affected ADs
This AD supersedes AD 2004-13-06, Amendment 39-13688 (69 FR
38818, June 29, 2004).
(c) Applicability
This AD applies to Airbus Model A319-111, -112, -113, -114, -
115, -131, -132, and -133 airplanes; and Model A320-111, -211, -212,
-214, -231, -232, and -233 airplanes; certificated in any category;
all manufacturer serial numbers, except those having embodied Airbus
modification 30355 in production.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of cracks on the side panels of
the keel beams. We are issuing this AD to detect and correct fatigue
cracks on the side panels of the keel beams, which could result in
reduced structural integrity of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Repetitive Eddy Current Inspection
At the applicable compliance time in paragraph (g)(1) or (g)(2)
of this AD: Do an eddy current non-destructive test (NDT) inspection
to detect cracks in the keel beam side panels at Area A and Area B,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A320-53-1060, Revision 04, dated
September 13, 2012. Repeat the inspection thereafter at intervals
not to exceed 12,000 flight cycles or 26,700 flight hours, whichever
occurs first. Area A is part of the area of the upper elliptical
cut-out stringer (STGR) 42 on the left-hand (LH) and right-hand (RH)
side forward of frame (FR) 41; Area B is the area around the
fasteners on both sides of the keel beam side panel below the center
wing box at STGR 42 on the LH and RH side between FR 40 and FR 42.
(1) For airplanes that have been inspected as specified in
Airworthiness Limitations Item (ALI) Task 533142-01-1, which was
specified in the Airbus A319/A320/A321 ALI document up to Revision
05 inclusive; or as specified in Airbus A319/A320/A321 Maintenance
Review Board (MRB) Report up to Revision 08 inclusive; or as
specified in the instructions of Airbus Service Bulletin A320-53-
1060, dated June 19, 2002, or Revision 01, dated April 2, 2004: At
the later of the times specified in paragraphs (g)(1)(i) and
(g)(1)(ii) of this AD.
(i) Within 4,300 flight cycles or 9,600 flight hours after the
last inspection, whichever occurs first.
(ii) Within 30 days after the effective date of this AD.
(2) For airplanes other than those identified in paragraph
(g)(1) of this AD: At the later of the times specified in paragraphs
(g)(2)(i) and (g)(2)(ii) of this AD.
(i) Prior to the accumulation of 24,200 total flight cycles, or
48,400 total flight hours, whichever occurs first.
(ii) Within 30 days after the effective date of this AD.
(h) Corrective Action for Cracking
(1) If any crack is found in Area A during any inspection
required by paragraph (g) of this AD: Before further flight, repair
the affected area, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A320-53-1060,
Revision 04, dated September 13, 2012. Accomplishing a repair
terminates the repetitive inspections of Area A required by
paragraph (g) of this AD for that side of the keel beam.
(2) If any crack is found in Area B during any inspection
required by this AD: Before further flight, repair the affected area
in accordance with a method approved by either the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).
(i) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Mandatory Service
Bulletin A320-53-1060, Revision 02, dated November 30, 2010; or
Revision 03, dated January 20, 2012; which are not incorporated by
reference in this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the International Branch, send it
to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch,
ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(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.
(k) Special Flight Permits
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 airplane
can be repaired (if the operator elects to do so), provided the
conditions in paragraphs (k)(1), (k)(2), and (k)(3) of this AD are
met. Areas A and B are defined in Airbus Mandatory Service Bulletin
A320-53-1060, Revision 04, dated September 13, 2012.
(1) No multiple cracks in Area A.
(2) If there is a single crack in Area A, the length must be
less than 20.0 millimeters (0.79 inch).
(3) No cracking in Area B.
(l) Related Information
(1) Refer to MCAI EASA Airworthiness Directive 2011-0134, dated
July 15, 2011, for related information, which can be found in
[[Page 51061]]
the AD docket on the internet at https://www.regulations.gov.
(2) Service information identified in this AD that is not
incorporated by reference may be obtained at the address specified
in paragraphs (m)(3) and (m)(4) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Airbus Mandatory Service Bulletin A320-53-1060, Revision 04,
dated September 13, 2012.
(ii) Reserved.
(3) For service information identified in this AD, Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93
44 51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this service information that is incorporated
by reference 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 26, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-20105 Filed 8-19-13; 8:45 am]
BILLING CODE 4910-13-P
