Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes, 36476-36479 [05-12312]
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<![CDATA[
36476
Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
partially open. We are issuing this AD to
prevent a latent open circuit that could leave
the fuel spar shutoff valve in a partially open
position when the engine fire switch is
activated, which could result in fuel from the
engine feeding an uncontrolled fire in the
engine or the strut.
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.
Installation of Jumper Wire
(f) Within 60 months after the effective
date of this AD: Install a jumper wire
between the wiring of the fire extinguisher
switch and the fuel shutoff switch for each
engine, and do all other specified actions in
the Accomplishment Instructions of Boeing
Service Bulletin 747–28–2238, Revision 1,
dated March 17, 2005 (for Model 747–400,
–400D, and –400F series airplanes); Boeing
Special Attention Service Bulletin 767–28–
0066, Revision 1, dated May 29, 2003 (for
Model 767–200, –300, and –300F series
airplanes); or Boeing Service Bulletin 777–
28–0025, Revision 1, dated March 17, 2005
(for Model 777–200 and –300 series
airplanes); as applicable.
Credit for Actions Accomplished Previously
(g) Accomplishment of the actions required
by paragraph (f) of this AD before the
effective date of this AD, in accordance with
Boeing Special Attention Service Bulletin
747–28–2238, dated October 18, 2001; or
777–28–0025, dated January 10, 2002; as
applicable; is considered acceptable for
compliance with the corresponding action in
paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(h) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
Material Incorporated by Reference
(i) You must use the service information
listed in Table 1 of this AD to perform the
actions that are required by this AD, unless
the AD specifies otherwise. The Director of
the Federal Register approves the
incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To get copies of
the service information, go to Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207. To view the
AD docket, go to the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC. To review copies
of the service information, go to the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
Revision
level
Service bulletin
Boeing Service Bulletin 747–28–2238 ...................................................................................................................
Boeing Service Bulletin 777–28–0025 ...................................................................................................................
Boeing Special Attention Service Bulletin 767–28–0066 ......................................................................................
Issued in Renton, Washington, on June 14,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–12311 Filed 6–23–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20166; Directorate
Identifier 2004–NM–175–AD; Amendment
39–14135; AD 2005–12–19]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A319, A320, and A321 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A319, A320, and A321
series airplanes. This AD requires
replacing the cargo ventilation
extraction duct at frame 65 with a new
duct, and relocating the temperature
sensor in the aft cargo compartment.
This AD is prompted by a report
VerDate jul<14>2003
16:42 Jun 23, 2005
Jkt 205001
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 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.
DATES: This AD becomes effective July
29, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of July 29, 2005.
ADDRESSES: For service information
identified in this AD, contact Airbus, 1
Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France.
DOCKET: The AD docket contains the
proposed AD, comments, and any final
disposition. 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
PO 00000
Frm 00010
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1
1
1
Date
March 17, 2005.
March 17, 2005.
May 29, 2003.
the plaza level of the Nassif Building at
the U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401,
Washington, DC. This docket number is
FAA–2005–20166; the directorate
identifier for this docket is 2004–NM–
175–AD.
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.
FOR FURTHER INFORMATION CONTACT:
The FAA
proposed to amend 14 CFR part 39 with
an AD for certain Airbus Model A319,
A320, and A321 series airplanes. That
action, published in the Federal
Register on January 31, 2005 (70 FR
4789), proposed to require replacing the
cargo ventilation extraction duct at
frame 65 with a new duct, and
relocating the temperature sensor in the
aft cargo compartment.
SUPPLEMENTARY INFORMATION:
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments from a single
commenter that have been submitted on
the proposed AD.
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
Request To Reference Revised Service
Information
The commenter requests that we
change the proposed AD to refer to
Airbus Service Bulletin A320–21–1141,
Revision 01, dated December 17, 2004.
The proposed AD refers to Airbus
Service Bulletin A320–21–1141, dated
April 7, 2004, as the acceptable source
of service information for the
accomplishment of the proposed
actions.
We agree with the commenter’s
request. The procedures in Revision 01
of the referenced service bulletin are
essentially the same as those in the
original issue. Accordingly, we have
revised paragraph (f) of this AD to refer
to Revision 01 of the service bulletin as
the appropriate source of service
information for accomplishing the
required actions. We have also added a
new paragraph (g) (and re-identified
subsequent paragraphs accordingly) to
state that modifications accomplished
before the effective date of this AD per
the original issue of the service bulletin
are acceptable for compliance with this
AD.
Request To Reference Related Service
Information
The commenter notes that Airbus
Service Bulletin A320–52–1124,
Revision 01, dated December 17, 2004,
is mentioned in the referenced French
airworthiness directive and the
referenced service information. The
commenter states that Service Bulletin
A320–52–1124 is also considered
necessary to accomplish the restriction
of airflow through the aft cargo
compartment. The commenter adds that
since airworthiness directives are issued
to address safety concerns, and not
portions of a safety concern, both
modifications should be mandated in
this proposed AD. The commenter states
that combining these requirements into
one AD also provides the added benefit
of a central reference point in the case
that an operator may need to make a
future determination on whether the
safety concern was fully addressed on
an airplane or fleet of airplanes. The
commenter adds that issuing separate
ADs for the same safety concern seems
to complicate the process.
We acknowledge the commenter’s
request; however, Service Bulletin
A320–52–1124 was referenced in
another rulemaking action, which was
issued on February 22, 2005 (Docket No.
FAA–2005–20453; Directorate Identifier
2004–NM–270–AD). That proposed AD
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Jkt 205001
was issued in response to French
airworthiness directive F–2004–172,
dated October 27, 2004. That proposed
AD would require replacing the water
drain valves in the forward and aft cargo
doors with new valves. The proposed
compliance time is 6 months. In light of
the fact that the compliance times are
different, and the actions were
addressed in two separate French
airworthiness directives, the rulemaking
actions will not be combined. No
change to the AD is made in this regard.
Request To Change Compliance Time
The commenter states that it agrees
with the need to accomplish the
proposed changes to meet airworthiness
standards; however, it has not seen any
data that lend this issue a high degree
of urgency. The commenter
recommends that the compliance time
specified in the proposed AD be
changed to the next heavy maintenance
visit or S-check, instead of the 24-month
compliance time. The commenter adds
that this change would reduce the
economic impact to operators, such as
the commenter, who would be forced to
take airplanes out of revenue service in
order to meet the 24-month window.
We do not agree with the commenter.
In developing an appropriate
compliance time for this action, we
considered the safety implications,
operators’ normal maintenance
schedules, and the compliance time
recommended by the airplane
manufacturer for the timely
accomplishment of the required actions.
The compliance time of 24 months after
the effective date of this AD is based on
airplane utilization overall, and is
consistent with the compliance time
specified in the French airworthiness
directive. In addition, the operator
provided no data to indicate that a
compliance time extension will ensure
safety. In consideration of these items,
we have determined that compliance
within 24 months after the effective date
of this AD will provide an acceptable
level of safety and is an appropriate
interval of time wherein the required
actions can be accomplished during
scheduled maintenance intervals for the
majority of affected operators. However,
according to the provisions of paragraph
(h) of this AD, we may approve a
request to adjust the compliance time if
the request includes data that justify
that a different compliance time would
provide an acceptable level of safety. No
change to the AD is made in this regard.
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36477
Request To Change Costs of Compliance
Section
The commenter disagrees with the
labor estimates specified in the
proposed AD. The commenter states
that the FAA has reduced the estimates
in the original issue of the referenced
service bulletin by approximately onethird. The commenter adds that the
airplane manufacturer typically
underestimates, rather than
overestimates, manpower requirements
for repair and modification service
bulletins. The commenter recommends
that the FAA consider the average
estimate of 51.3 work hours, as specified
in the referenced service bulletin, to be
a minimum labor cost; however, 75
work hours per airplane is a better
estimate for accomplishing the actions
specified in the referenced service
information.
We do not agree that it is necessary
to change the work hours in this AD.
This number represents the time
necessary to perform only the actions
actually required by the AD. The actions
in this final rule reflect only the direct
costs of the specific required actions
based on the best data available from the
manufacturer. The cost analysis in AD
rulemaking actions typically does not
include incidental costs such as the
time required to gain access and close
up, time necessary for planning, or time
necessitated by other administrative
actions. Those incidental costs, which
may vary significantly among operators,
are almost impossible to calculate. The
compliance time in this AD should
allow ample time for operators to do the
required actions at the same time as
scheduled major airplane inspection
and maintenance activities, which
would reduce the additional time and
costs associated with special
scheduling. No change to the AD is
made in this regard.
Conclusion
We have carefully reviewed the
available data, including the comments
that have been submitted, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
This change will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
ESTIMATED COSTS
Action
Work hours
Replacement of duct/relocation of temperature sensor
in aft cargo compartment.
Average labor
rate per hour
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 AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
$65
Parts
Between $7,000
and $11,640.
Cost per airplane
Number of
U.S.-registered
airplanes
Between $9,210
and $13,850.
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
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
643
Fleet cost
Between
$5,922,030 and
$8,905,550.
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:
I
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):
I
2005–12–19 Airbus: Amendment 39–14135.
Docket No. FAA–2005–20166;
Directorate Identifier 2004-NM–175-AD.
Effective Date
(a) This AD becomes effective July 29,
2005.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Affected ADs
Adoption of the Amendment
(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.
Accordingly, under the authority
delegated to me by the Administrator,
I
(b) None.
Applicability
TABLE 1.—APPLICABILITY
Having the
following Airbus modification installed
in production—
Or the following Airbus
service bulletin incorporated in
service—
But not having the following Airbus
modification
installed in
production—
A319 series airplanes .......................................................................................................................
24486
32616
A320 series airplanes .......................................................................................................................
20084
A321 series airplanes .......................................................................................................................
22596
A320–21–
1140
A320–21–
1048
(1)
Airbus model
1 Not
32616
32616
applicable.
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
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16:42 Jun 23, 2005
Jkt 205001
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.
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Frm 00012
Fmt 4700
Sfmt 4700
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, Revision 01, dated December 17,
2004.
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
Credit for Actions Done per Previous Issue
of Service Bulletin
(g) Modifications accomplished before the
effective date of this AD in accordance with
Airbus Service Bulletin A320–21–1141,
dated April 7, 2004, are acceptable for
compliance with paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(h) 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
(i) French airworthiness directive F–2004–
123, dated July 21, 2004, also addresses the
subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus Service Bulletin
A320–21–1141, Revision 01, dated December
17, 2004, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approves the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, contact
Airbus, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France. To view the
AD docket, go to the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW, room PL–401, Nassif
Building, Washington, DC. To review copies
of the service information, go to the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on June 14,
2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–12312 Filed 6–23–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19867; Directorate
Identifier 2004–NM–58–AD; Amendment 39–
14151; AD 2005–13–14]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model MD–90–30 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
VerDate jul<14>2003
16:42 Jun 23, 2005
Jkt 205001
McDonnell Douglas Model MD–90–30
airplanes. This AD requires replacing
existing dual anti-skid control
manifolds (DACM) with new, improved
or reworked and reidentified DACMs;
inspecting the inlet filters and other
components of the DACMs for damage;
replacing any damaged DACM
components with new or serviceable
components; and flushing/cleaning the
braking system prior to replacing the
inlet filters. This AD is prompted by
reports of multiple incidents of blown
tires on landing while using maximum
autobrake. We are issuing this AD to
prevent metallic fibers from the first
stage filter of the servo valves inside the
DACM from becoming lodged in the
first stage nozzle of the servo valve,
which could lead to tire failure during
high speed/high energy braking and
possible subsequent runway departure.
DATES: This AD becomes effective July
29, 2005.
The incorporation by reference of
certain publications listed in the AD is
approved by the Director of the Federal
Register as of July 29, 2005.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Long Beach
Division, 3855 Lakewood Boulevard,
Long Beach, California 90846,
Attention: Data and Service
Management, Dept. C1–L5A (D800–
0024).
Docket: The AD docket contains the
proposed AD, comments, and any final
disposition. 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 U.S. Department of Transportation,
400 Seventh Street SW., room PL–401,
Washington, DC. This docket number is
FAA–2004–19867; the directorate
identifier for this docket is 2004–NM–
58–AD.
FOR FURTHER INFORMATION CONTACT:
Cheyenne Del Carmen, Aerospace
Engineer, Cabin Safety, Mechanical &
Environmental Branch, ANM–150L,
FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
telephone (562) 627–5338; fax (562)
627–5210.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 with
an AD for all McDonnell Douglas Model
MD–90–30 airplanes. That action,
published in the Federal Register on
December 16, 2004 (69 FR 75277),
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
36479
proposed to require replacing existing
dual anti-skid control manifolds
(DACM) with new, improved or
reworked and reidentified DACMs;
inspecting the inlet filters and other
components of the DACMs for damage;
replacing any damaged DACM
components with new or serviceable
components; and flushing/cleaning the
braking system prior to replacing the
inlet filters.
Comments
We provided the public the
opportunity to participate in the
development of this AD. No comments
have been submitted on the proposed
AD or on the determination of the cost
to the public.
Explanation of Change in the Service
Information Citations
We have changed the name of the
manufacturer shown in the service
bulletins cited in the final rule to
conform to the Office of the Federal
Register requirements for materials
incorporated by reference in ADs.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD with the change
described previously. We have
determined that this change will neither
increase the economic burden on any
operator nor increase the scope of the
AD.
Costs of Compliance
This AD will affect about 115
airplanes worldwide and 24 airplanes of
U.S. registry. The required actions will
take about 8 work hours per airplane, at
an average labor rate of $65 per work
hour. Required parts will cost between
$8,000 and $240,780 per airplane. Based
on these figures, the estimated cost of
the AD for U.S. operators is between
$204,480 and $5,791,200, or between
$8,520 and $241,300 per airplane.
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
E:\FR\FM\24JNR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36476-36479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12312]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-175-AD;
Amendment 39-14135; AD 2005-12-19]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Model A319, A320, and A321 series airplanes. This AD
requires replacing the cargo ventilation extraction duct at frame 65
with a new duct, and relocating the temperature sensor in the aft cargo
compartment. This 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 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.
DATES: This AD becomes effective July 29, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of July
29, 2005.
ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
Docket: The AD docket contains the proposed AD, comments, and any final
disposition. 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
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: The FAA proposed to amend 14 CFR part 39
with an AD for certain Airbus Model A319, A320, and A321 series
airplanes. That action, published in the Federal Register on January
31, 2005 (70 FR 4789), proposed to require replacing the cargo
ventilation extraction duct at frame 65 with a new duct, and relocating
the temperature sensor in the aft cargo compartment.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments from a single
commenter that have been submitted on the proposed AD.
[[Page 36477]]
Request To Reference Revised Service Information
The commenter requests that we change the proposed AD to refer to
Airbus Service Bulletin A320-21-1141, Revision 01, dated December 17,
2004. The proposed AD refers to Airbus Service Bulletin A320-21-1141,
dated April 7, 2004, as the acceptable source of service information
for the accomplishment of the proposed actions.
We agree with the commenter's request. The procedures in Revision
01 of the referenced service bulletin are essentially the same as those
in the original issue. Accordingly, we have revised paragraph (f) of
this AD to refer to Revision 01 of the service bulletin as the
appropriate source of service information for accomplishing the
required actions. We have also added a new paragraph (g) (and re-
identified subsequent paragraphs accordingly) to state that
modifications accomplished before the effective date of this AD per the
original issue of the service bulletin are acceptable for compliance
with this AD.
Request To Reference Related Service Information
The commenter notes that Airbus Service Bulletin A320-52-1124,
Revision 01, dated December 17, 2004, is mentioned in the referenced
French airworthiness directive and the referenced service information.
The commenter states that Service Bulletin A320-52-1124 is also
considered necessary to accomplish the restriction of airflow through
the aft cargo compartment. The commenter adds that since airworthiness
directives are issued to address safety concerns, and not portions of a
safety concern, both modifications should be mandated in this proposed
AD. The commenter states that combining these requirements into one AD
also provides the added benefit of a central reference point in the
case that an operator may need to make a future determination on
whether the safety concern was fully addressed on an airplane or fleet
of airplanes. The commenter adds that issuing separate ADs for the same
safety concern seems to complicate the process.
We acknowledge the commenter's request; however, Service Bulletin
A320-52-1124 was referenced in another rulemaking action, which was
issued on February 22, 2005 (Docket No. FAA-2005-20453; Directorate
Identifier 2004-NM-270-AD). That proposed AD was issued in response to
French airworthiness directive F-2004-172, dated October 27, 2004. That
proposed AD would require replacing the water drain valves in the
forward and aft cargo doors with new valves. The proposed compliance
time is 6 months. In light of the fact that the compliance times are
different, and the actions were addressed in two separate French
airworthiness directives, the rulemaking actions will not be combined.
No change to the AD is made in this regard.
Request To Change Compliance Time
The commenter states that it agrees with the need to accomplish the
proposed changes to meet airworthiness standards; however, it has not
seen any data that lend this issue a high degree of urgency. The
commenter recommends that the compliance time specified in the proposed
AD be changed to the next heavy maintenance visit or S-check, instead
of the 24-month compliance time. The commenter adds that this change
would reduce the economic impact to operators, such as the commenter,
who would be forced to take airplanes out of revenue service in order
to meet the 24-month window.
We do not agree with the commenter. In developing an appropriate
compliance time for this action, we considered the safety implications,
operators' normal maintenance schedules, and the compliance time
recommended by the airplane manufacturer for the timely accomplishment
of the required actions. The compliance time of 24 months after the
effective date of this AD is based on airplane utilization overall, and
is consistent with the compliance time specified in the French
airworthiness directive. In addition, the operator provided no data to
indicate that a compliance time extension will ensure safety. In
consideration of these items, we have determined that compliance within
24 months after the effective date of this AD will provide an
acceptable level of safety and is an appropriate interval of time
wherein the required actions can be accomplished during scheduled
maintenance intervals for the majority of affected operators. However,
according to the provisions of paragraph (h) of this AD, we may approve
a request to adjust the compliance time if the request includes data
that justify that a different compliance time would provide an
acceptable level of safety. No change to the AD is made in this regard.
Request To Change Costs of Compliance Section
The commenter disagrees with the labor estimates specified in the
proposed AD. The commenter states that the FAA has reduced the
estimates in the original issue of the referenced service bulletin by
approximately one-third. The commenter adds that the airplane
manufacturer typically underestimates, rather than overestimates,
manpower requirements for repair and modification service bulletins.
The commenter recommends that the FAA consider the average estimate of
51.3 work hours, as specified in the referenced service bulletin, to be
a minimum labor cost; however, 75 work hours per airplane is a better
estimate for accomplishing the actions specified in the referenced
service information.
We do not agree that it is necessary to change the work hours in
this AD. This number represents the time necessary to perform only the
actions actually required by the AD. The actions in this final rule
reflect only the direct costs of the specific required actions based on
the best data available from the manufacturer. The cost analysis in AD
rulemaking actions typically does not include incidental costs such as
the time required to gain access and close up, time necessary for
planning, or time necessitated by other administrative actions. Those
incidental costs, which may vary significantly among operators, are
almost impossible to calculate. The compliance time in this AD should
allow ample time for operators to do the required actions at the same
time as scheduled major airplane inspection and maintenance activities,
which would reduce the additional time and costs associated with
special scheduling. No change to the AD is made in this regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the change described
previously. This change will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
[[Page 36478]]
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of duct/relocation of 34 $65 Between $7,000 and Between $9,210 and 643 Between $5,922,030
temperature sensor in aft cargo $11,640. $13,850. and $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 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-12-19 Airbus: Amendment 39-14135. Docket No. FAA-2005-20166;
Directorate Identifier 2004-NM-175-AD.
Effective Date
(a) This AD becomes effective July 29, 2005.
Affected ADs
(b) None.
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
Having the Or the following the following
following Airbus Airbus service Airbus
Airbus model modification bulletin modification
installed in incorporated in installed in
production-- service-- production--
----------------------------------------------------------------------------------------------------------------
A319 series airplanes.................................. 24486 A320-21-1140 32616
A320 series airplanes.................................. 20084 A320-21-1048 32616
A321 series airplanes.................................. 22596 (\1\) 32616
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.
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, Revision 01, dated December 17, 2004.
[[Page 36479]]
Credit for Actions Done per Previous Issue of Service Bulletin
(g) Modifications accomplished before the effective date of this
AD in accordance with Airbus Service Bulletin A320-21-1141, dated
April 7, 2004, are acceptable for compliance with paragraph (f) of
this AD.
Alternative Methods of Compliance (AMOCs)
(h) 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
(i) French airworthiness directive F-2004-123, dated July 21,
2004, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus Service Bulletin A320-21-1141, Revision
01, dated December 17, 2004, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approves the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To get copies of the service information, contact Airbus, 1 Rond
Point Maurice Bellonte, 31707 Blagnac Cedex, France. To view the AD
docket, go to the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW, room PL-401, Nassif Building,
Washington, DC. To review copies of the service information, go to
the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-12312 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P
