Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes, 4789-4791 [05-1725]

Download as PDF 4789 Proposed Rules Federal Register Vol. 70, No. 19 Monday, January 31, 2005 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20166; Directorate Identifier 2004–NM–175–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This proposed AD would require replacing the cargo ventilation extraction duct at frame 65 with a new duct, and relocating the temperature sensor in the aft cargo compartment. This proposed AD is prompted by a report indicating that, during a test of the fire extinguishing system, air leakage around the temperature sensor for the aft cargo compartment reduced the concentration of fire extinguishing agent to below the level required to suppress a fire. We are proposing this AD to prevent air leakage around the temperature sensor for the aft cargo compartment, which, in the event of a fire in the aft cargo compartment, could result in an insufficient concentration of fire extinguishing agent, and consequent inability of the fire extinguishing system to suppress the fire. DATES: We must receive comments on this proposed AD by March 2, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to http:/ /dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov VerDate jul<14>2003 16:55 Jan 28, 2005 Jkt 205001 and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20166; the directorate identifier for this docket is 2004–NM–175–AD. FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2141; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20166; Directorate Identifier 2004–NM–175–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of our docket Web site, anyone can find and read the comments in any of our dockets, including the name of the individual PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. 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 certain Airbus Model A319, A320, and A321 series airplanes. The DGAC advises that a test of the fire containment capability of the aft cargo compartment was performed on a Model A319 series airplane. The test revealed that the concentration of the halon fire extinguishing agent decreased below the level required to suppress a fire. Investigation revealed that the drop in the concentration of halon was due to too high a rate of air renewal in the compartment. Further investigation revealed that air leakage around the water drain valves in the forward and aft cargo doors and around the aft cargo compartment temperature sensor contributed to the reduced concentration of halon. The air leakage allowed the halon to leak out of the compartment, and the remaining concentration of halon was insufficient to suppress a fire. The DGAC states that a separate French airworthiness directive will address air leakage around the water drain valves. In the event of a fire in the aft cargo compartment, an insufficient concentration of fire extinguishing agent could result in the inability of the fire extinguishing system to suppress the fire. The aft cargo compartment temperature sensor installation on the Airbus A320 and A321 series airplanes E:\FR\FM\31JAP1.SGM 31JAP1 4790 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Proposed Rules FAA’s Determination and Requirements of the Proposed AD is similar to that of the Airbus A319 series airplanes; therefore, those airplanes may also be subject to this unsafe condition. Relevant Service Information Airbus has issued Service Bulletin A320–21–1141, dated April 7, 2004. The service bulletin describes procedures for relocating the temperature sensor in the aft cargo compartment. The procedures include replacing the duct at frame 65 with a new duct that can accommodate the temperature sensor and installing a placard, rerouting the sensor line, and installing the temperature sensor and associated hardware in the new duct. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the service information and issued French airworthiness directive F–2004–123, dated July 21, 2004, to ensure the continued airworthiness of these airplanes in France. Difference Between the Proposed AD and French Airworthiness Directive These airplane models are manufactured in France and are 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. According to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC’s findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Difference Between the Proposed AD and French Airworthiness Directive.’’ The applicability of French airworthiness directive F–2004–123 excludes airplanes that accomplished Airbus Service Bulletin A320–21–1141 in service. However, we have not excluded those airplanes in the applicability of this proposed AD; rather, this proposed AD includes a requirement to accomplish the actions specified in that service bulletin. This requirement would ensure that the actions specified in the service bulletin and required by this proposed AD are accomplished on all affected airplanes. Operators must continue to operate the airplane in the configuration required by this proposed AD unless an alternative method of compliance is approved. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. ESTIMATED COSTS Work hours Action Replacement of duct/relocation of temperature sensor in aft cargo compartment. 34 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 have determined that this proposed AD would not have federalism VerDate jul<14>2003 16:55 Jan 28, 2005 Jkt 205001 Average labor rate per hour $65 Parts Between $7,000 and $11,640. Between $9,210 and $13,850. implications under Executive Order 13132. This proposed AD would 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 the 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. 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 proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Number of U.S.-registered airplanes Cost per airplane 643 Fleet cost Between $5,922,030 and $8,905,550. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 adding the following new airworthiness directive (AD): Airbus: Docket No. FAA–2005–20166; Directorate Identifier 2004–NM–175–AD. Comments Due Date (a) The Federal Aviation Administration must receive comments on this AD action by March 2, 2005. Affected ADs (b) None. E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / Proposed Rules Applicability (c) This AD applies to Airbus Model A319, A320, and A321 series airplanes, certificated 4791 in any category; as identified in Table 1 of this AD. TABLE 1.—APPLICABILITY Having the following Airbus modification installed in production- Airbus Model- Or the following Airbus service bulletin incorporated in service- But not having the following Airbus modification installed in production- 24486 20084 22596 A320–21–1140 A320–21–1048 Not applicable ... 32616 32616 32616 A319 series airplanes ....................................................................................................................... A320 series airplanes ....................................................................................................................... A321 series airplanes ....................................................................................................................... Unsafe Condition DEPARTMENT OF ENERGY (d) This AD was prompted by a report that, during a test of the fire extinguishing system, air leakage around the temperature sensor for the aft cargo compartment reduced the concentration of fire extinguishing agent to below the level required to suppress a fire. We are issuing this AD to prevent air leakage around the temperature sensor for the aft cargo compartment, which, in the event of a fire in the aft cargo compartment, could result in an insufficient concentration of fire extinguishing agent, and consequent inability of the fire extinguishing system to suppress the fire. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Relocation of Aft Cargo Compartment Temperature Sensor (f) Within 24 months after the effective date of this AD: Replace the ventilation extraction duct with a new duct and relocate the aft cargo compartment temperature sensor by accomplishing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320– 21–1141, dated April 7, 2004. Alternative Methods of Compliance (AMOCs) (g) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Related Information (h) French airworthiness directive F–2004– 123, dated July 21, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on January 18, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–1725 Filed 1–28–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 16:55 Jan 28, 2005 Jkt 205001 Federal Energy Regulatory Commission 18 CFR Part 35 [Docket No. RM05–4–000] Interconnection for Wind Energy and Other Alternative Technologies January 24, 2005. Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations to require public utilities to append to the standard large generator interconnection agreement in their open access transmission tariffs (OATTs) specific technical requirements for the interconnection of large wind generation. Comments are due March 2, 2005. Reply comments will be due 30 days thereafter. ADDRESSES: Comments may be filed electronically via the eFiling link on the Commission’s Web site at https:// www.ferc.gov. Commenters unable to file comments electronically must send an original and 14 copies of their comments to Federal Energy Regulatory Commission, Office of the Secretary, 888 First Street, NE., Washington, DC 20426. Refer to the Comment Procedures section of the preamble for additional information on how to file comments. DATES: FOR FURTHER INFORMATION CONTACT: Bruce A. Poole (Technical Information), Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502– 8468. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 G. Patrick Rooney (Technical Information), Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502–6205. P. Kumar Agarwal (Technical Information), Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502–8923. Jeffery S. Dennis (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502–6027. SUPPLEMENTARY INFORMATION: Introduction 1. In Order No. 2003,1 the Commission adopted standard procedures for the interconnection of large generation facilities and a standard large generator interconnection agreement. The Commission required public utilities that own, control, or operate facilities for transmitting electric energy in interstate commerce to file revised Open Access Transmission Tariffs (OATTs) containing these standard provisions, and use them to provide interconnection service to generating facilities having a capacity of more than 20 megawatts. In Order No. 2003–A, on rehearing, the Commission determined that the standard procedures and agreement were designed around the needs of traditional synchronous generation facilities, and that generators relying on non1 Standardization of Generator Interconnection Agreements and Procedures, Order No. 2003, 68 FR 49845 (Aug. 19, 2003), FERC Stats. & Regs., Regulations Preambles ¶ 31,146 (2003) (Order No. 2003), order on reh’g, 69 FR 15932 (Mar. 24, 2004), FERC Stats & Regs., Regulations Preambles ¶ 31,160 (2004) (Order No. 2003–A), order on reh’g, 70 FR 265 (January 4, 2005), FERC Stats & Regs., Regulations Preambles ¶ 31,171 (2004) (Order No. 2003–B), reh’g pending; see also Notice Clarifying Compliance Procedures, 106 FERC ¶ 61,009 (2004). E:\FR\FM\31JAP1.SGM 31JAP1

Agencies

[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Proposed Rules]
[Pages 4789-4791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1725]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / 
Proposed Rules

[[Page 4789]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-175-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, A320, and A321 
Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Model A319, A320, and A321 series airplanes. This 
proposed AD would require replacing the cargo ventilation extraction 
duct at frame 65 with a new duct, and relocating the temperature sensor 
in the aft cargo compartment. This proposed AD is prompted by a report 
indicating that, during a test of the fire extinguishing system, air 
leakage around the temperature sensor for the aft cargo compartment 
reduced the concentration of fire extinguishing agent to below the 
level required to suppress a fire. We are proposing this AD to prevent 
air leakage around the temperature sensor for the aft cargo 
compartment, which, in the event of a fire in the aft cargo 
compartment, could result in an insufficient concentration of fire 
extinguishing agent, and consequent inability of the fire extinguishing 
system to suppress the fire.

DATES: We must receive comments on this proposed AD by March 2, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20166; the directorate identifier for this 
docket is 2004-NM-175-AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20166; 
Directorate Identifier 2004-NM-175-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Direction G[eacute]n[eacute]rale 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 A319, A320, and 
A321 series airplanes. The DGAC advises that a test of the fire 
containment capability of the aft cargo compartment was performed on a 
Model A319 series airplane. The test revealed that the concentration of 
the halon fire extinguishing agent decreased below the level required 
to suppress a fire. Investigation revealed that the drop in the 
concentration of halon was due to too high a rate of air renewal in the 
compartment. Further investigation revealed that air leakage around the 
water drain valves in the forward and aft cargo doors and around the 
aft cargo compartment temperature sensor contributed to the reduced 
concentration of halon. The air leakage allowed the halon to leak out 
of the compartment, and the remaining concentration of halon was 
insufficient to suppress a fire. The DGAC states that a separate French 
airworthiness directive will address air leakage around the water drain 
valves. In the event of a fire in the aft cargo compartment, an 
insufficient concentration of fire extinguishing agent could result in 
the inability of the fire extinguishing system to suppress the fire.
    The aft cargo compartment temperature sensor installation on the 
Airbus A320 and A321 series airplanes

[[Page 4790]]

is similar to that of the Airbus A319 series airplanes; therefore, 
those airplanes may also be subject to this unsafe condition.

Relevant Service Information

    Airbus has issued Service Bulletin A320-21-1141, dated April 7, 
2004. The service bulletin describes procedures for relocating the 
temperature sensor in the aft cargo compartment. The procedures include 
replacing the duct at frame 65 with a new duct that can accommodate the 
temperature sensor and installing a placard, rerouting the sensor line, 
and installing the temperature sensor and associated hardware in the 
new duct. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
DGAC mandated the service information and issued French airworthiness 
directive F-2004-123, dated July 21, 2004, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are 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. According to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and French Airworthiness Directive.''

Difference Between the Proposed AD and French Airworthiness Directive

    The applicability of French airworthiness directive F-2004-123 
excludes airplanes that accomplished Airbus Service Bulletin A320-21-
1141 in service. However, we have not excluded those airplanes in the 
applicability of this proposed AD; rather, this proposed AD includes a 
requirement to accomplish the actions specified in that service 
bulletin. This requirement would ensure that the actions specified in 
the service bulletin and required by this proposed AD are accomplished 
on all affected airplanes. Operators must continue to operate the 
airplane in the configuration required by this proposed AD unless an 
alternative method of compliance is approved.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Average                                                         Number of
                                           Work      labor                                                            U.S.-
                Action                    hours    rate  per            Parts               Cost per  airplane     registered          Fleet cost
                                                      hour                                                          airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of duct/relocation of              34        $65  Between $7,000 and         Between $9,210 and               643  Between $5,922,030 and
 temperature sensor in aft cargo                               $11,640.                   $13,850.                              $8,905,550.
 compartment.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the 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. 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 proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-
175-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by March 2, 2005.

Affected ADs

    (b) None.

[[Page 4791]]

Applicability

    (c) This AD applies to Airbus Model A319, A320, and A321 series 
airplanes, certificated in any category; as identified in Table 1 of 
this AD.

                                             Table 1.--Applicability
----------------------------------------------------------------------------------------------------------------
                                                                                                       But not
                                                Having the                                           having the
                                                 following                                            following
                Airbus Model-                     Airbus        Or the following Airbus service        Airbus
                                               modification    bulletin incorporated in service-    modification
                                               installed in                                         installed in
                                                production-                                          production-
----------------------------------------------------------------------------------------------------------------
A319 series airplanes........................         24486  A320-21-1140.........................         32616
A320 series airplanes........................         20084  A320-21-1048.........................         32616
A321 series airplanes........................         22596  Not applicable.......................         32616
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by a report that, during a test of the 
fire extinguishing system, air leakage around the temperature sensor 
for the aft cargo compartment reduced the concentration of fire 
extinguishing agent to below the level required to suppress a fire. 
We are issuing this AD to prevent air leakage around the temperature 
sensor for the aft cargo compartment, which, in the event of a fire 
in the aft cargo compartment, could result in an insufficient 
concentration of fire extinguishing agent, and consequent inability 
of the fire extinguishing system to suppress the fire.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Relocation of Aft Cargo Compartment Temperature Sensor

    (f) Within 24 months after the effective date of this AD: 
Replace the ventilation extraction duct with a new duct and relocate 
the aft cargo compartment temperature sensor by accomplishing all of 
the actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A320-21-1141, dated April 7, 2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) French airworthiness directive F-2004-123, dated July 21, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1725 Filed 1-28-05; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.