Airworthiness Directives; Airbus Model A318-100 Series Airplanes; Model A319-100 Series Airplanes; Model A320-111 Airplanes; Model A320-200 Series Airplanes; Model A321-100 Series Airplanes; and Model A321-200 Series Airplanes, 15017-15020 [06-2852]
Download as PDF
Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
Issued in Renton, Washington, on March
17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–2853 Filed 3–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20453; Directorate
Identifier 2004–NM–270–AD; Amendment
39–14524; AD 2006–06–15]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318–100 Series Airplanes; Model
A319–100 Series Airplanes; Model
A320–111 Airplanes; Model A320–200
Series Airplanes; Model A321–100
Series Airplanes; and Model A321–200
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
cchase on PROD1PC60 with RULES
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A318–100 series
airplanes; Model A319–100 series
airplanes; Model A320–111 airplanes;
Model A320–200 series airplanes;
Model A321–100 series airplanes; and
Model A321–200 series airplanes. This
AD requires replacing the water drain
valves in the forward and aft cargo
doors with new valves. This AD results
from a report indicating that, during a
test of the fire extinguishing system, air
leakage through the water drain valves
in the forward and aft cargo doors
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
through the water drain valves, which,
in the event of a fire in the forward or
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 May
1, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of May 1, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
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18:13 Mar 24, 2006
Jkt 208001
of Transportation, 400 Seventh Street
SW., Nassif Building, room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
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:
Examining the Docket
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A318,
A319, A320, and A321 series airplanes.
That NPRM was published in the
Federal Register on March 3, 2005 (70
FR 10342). That NPRM proposed to
require replacing the water drain valves
in the forward and aft cargo doors with
new valves.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for NPRM
The Air Line Pilots Association and
United Airlines support the NPRM.
Requests To Extend Compliance Time
Airbus states that the Direction
´ ´
Generale de l’Aviation Civile (DGAC),
which is the airworthiness authority for
France, has issued French airworthiness
directive F–2004–172 R1, dated April
13, 2005, to extend the compliance time
from April 30, 2005 to December 31,
2005. (We referenced French
airworthiness directive F–2004–172,
dated October 27, 2004, with a
compliance time of 6 months in the
NPRM.) Airbus further states that our
NPRM should not be more restrictive
than the French airworthiness directive.
We infer the commenter would like us
to extend the compliance time to 14
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Sfmt 4700
15017
months to correspond with the revised
French airworthiness directive.
Northwest Airlines (NWA) requests
that we extend the compliance time to
2 years to match the compliance time of
related AD 2005–12–19. NWA points
out that both rulemaking actions are
necessary to reduce the rate of air
renewal in the cargo compartments.
NWA further states that revising the
compliance time in the NPRM would
allow operators to accomplish both
modifications during the same
maintenance visit, eliminating the effect
on line operations and potential for
grounding airplanes.
US Airways 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. U.S. Airways recommends
extending the compliance time to allow
replacement of the water drain valves at
the next C-check or 18 months,
whichever is later, instead of the
proposed 6-month compliance time.
U.S. Airways 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 6month window.
We agree with Airbus and have
revised paragraph (f) of this AD
accordingly. We referenced French
airworthiness directive F–2004–172 in
the NPRM because French airworthiness
directive F–2004–172 R1 was issued
after we published our NPRM.
Consequently, we have also revised
paragraph (i) of this AD to reference
French airworthiness directive F–2004–
172 R1, dated April 13, 2005. In
developing an appropriate compliance
time for this action, we considered not
only the degree of urgency associated
with addressing the subject unsafe
condition, but the DGAC’s
recommendation for an appropriate
compliance time, the availability of
required parts, and the practical aspect
of installing the required modification
within an interval of time that
corresponds to the typical scheduled
maintenance for the majority of affected
operators. We also considered the time
required for the rulemaking process. In
addition, NWA and US Airways
provided no data to indicate that a
further extension of the compliance
time will ensure safety. In consideration
of these items, we have determined that
compliance within 14 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
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
during scheduled maintenance intervals
for the majority of affected operators.
While we agree with NWA that the
actions required by both this AD and
AD 2005–12–19 are necessary to correct
the unsafe condition, we do not agree to
match the compliance times of the ADs.
The compliance times of these ADs
instead match the compliance times of
the corresponding French airworthiness
directives. Furthermore, those
compliance times differ because the
number of affected airplanes and overall
exposure to the unsafe condition is not
the same for both ADs. Also, we note
that the new 14-month compliance time
from the effective date of this AD is
closer to the compliance time of AD
2005–12–19, which is within 24 months
after July 29, 2005. 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.
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Request To Reference Later-Approved
Service Bulletin
United Airlines states that the
effectivity of Airbus Service Bulletin
A320–52–1124, dated May 6, 2004, is
not up to date, and that Airbus issued
Telex SEM4/914.482/05 announcing it
plans to publish a revision to the service
bulletin to correct the effectivity. United
Airlines therefore requests that we
reference any later-approved service
bulletin in the NPRM.
We partially agree. As policy, we do
not reference ‘‘later-approved’’ service
bulletins in ADs. However, since Airbus
subsequently issued Revision 01, dated
May 31, 2005, to Service Bulletin A320–
52–1124, we agree to reference Revision
01 in paragraph (f) of this AD. The
procedures in Revision 01 of the service
bulletin are essentially the same as
those in the original issue. Therefore,
we have added a new paragraph (g) to
this AD to give credit for actions done
in accordance with the original issue of
the service bulletin and have
reidentified the subsequent paragraphs
accordingly. We point out that
referencing Revision 01 does not change
the applicability specified in paragraph
(c) of this AD, since the applicability
depends only on whether certain
modifications are accomplished in
production or in-service.
Request To Combine Related
Rulemaking
US Airways notes that Airbus Service
Bulletin A320–21–1141, Revision 01,
dated December 17, 2004, is mentioned
in French airworthiness directive F–
2004–172, dated October 27, 2004, and
VerDate Aug<31>2005
18:13 Mar 24, 2006
Jkt 208001
is related to Airbus Service Bulletin
A320–52–1124. (We referenced French
airworthiness directive F–2004–172 and
Airbus Service Bulletin A320–52–1124
in the NPRM.) US Airways states that
Airbus Service Bulletin A320–21–1141
is also considered necessary to
accomplish the restriction of airflow
through the aft cargo compartment. US
Airways adds that since ADs are issued
to address safety concerns, and not
portions of a safety concern, both
modifications should be mandated by
the same AD. US Airways 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. US
Airways adds that issuing separate ADs
for the same safety concern seems to
complicate the process.
We acknowledge US Airways’
request; however, Airbus Service
Bulletin A320–21–1141, Revision 01,
dated December 17, 2004, was
referenced in AD 2005–12–19,
amendment 39–14135 (70 FR 36476,
June 24, 2005), which we issued on June
14, 2005. We issued AD 2005–12–19 to
address air leakage around the aft cargo
temperature sensor, in response to
French airworthiness directive F–2004–
123, dated July 21, 2004. That 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.
The compliance time is 24 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 this AD is made in this regard.
Request To Reference Part Numbers
The Modification and Replacement
Parts Association (MARPA) requests
that we either identify the manufacturer
of the affected water drain valves and
the part numbers, or publish the
referenced service bulletin with the AD.
As justification for its request, MARPA
states that the affected water drain
valves are identified in proprietary
service information that is not available
to the general public. The commenter
asserts that, under 14 CFR 21.303, there
are many valves that could be approved
replacement parts for the affected water
drain valves. If replacement parts do
exist, MARPA adds that they may
contain the same defect as those
addressed in the NPRM. MARPA further
states that repair facilities and part
houses, which do not have access to
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Frm 00014
Fmt 4700
Sfmt 4700
proprietary service information to
determine the applicability of the AD,
may inadvertently provide defective
parts manufacturer approval (PMA)
valves in the future.
We agree to identify the part number
of the affected water drain valves and
have revised paragraph (f) of this AD
accordingly. We also concur with
MARPA’s general request that, if we
know that an unsafe condition also
exists in PMA parts, the AD should
address those parts, as well as the
original parts. At this time, we are not
aware of other PMA parts equivalent to
the affected water drain valves.
MARPA’s remarks are timely in that the
Transport Airplane Directorate currently
is in the process of reviewing this issue
as it applies to transport category
airplanes. We acknowledge that there
may be other ways of addressing this
issue to ensure that unsafe PMA parts
are identified and addressed. Once we
have thoroughly examined all aspects of
this issue, including input from
industry, and have made a final
determination, we will consider
whether our policy regarding addressing
PMA parts in ADs needs to be revised.
We consider that to delay this AD action
would be inappropriate, since we have
determined that an unsafe condition
exists and that replacement of certain
parts must be accomplished to ensure
continued safety. Therefore, no
additional change has been made to the
final rule in this regard.
Explanation of Change to Applicability
We have revised the applicability of
this AD to identify model designations
as published in the most recent type
certificate data sheet for the affected
models.
Clarification of Alternative Method of
Compliance (AMOC) Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD affects about 434 airplanes of
U.S. registry. The actions in this AD
take about 3 to 5 work hours per
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
airplane, depending on airplane
configuration, at an average labor rate of
$65 per work hour. Required parts cost
about $120 to $200 per airplane,
depending on airplane configuration.
Based on these figures, the estimated
cost of the AD for U.S. operators is
between $136,710 and $227,850, or
between $315 and $525 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
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
Adoption of the Amendment
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 and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
I
List of Subjects in 14 CFR Part 39
Applicability
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(c) This AD applies to the Airbus airplanes
identified in Table 1 of this AD, certificated
in any category.
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:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–06–15 Airbus: Amendment 39–14524.
Docket No. FAA–2005–20453;
Directorate Identifier 2004–NM–270–AD.
Effective Date
(a) This AD becomes effective May 1, 2006.
Affected ADs
(b) None.
TABLE 1.—APPLICABILITY
Airbus model—
A318–111 and –112 airplanes ...............................................
A319–111, –112, –113, –114, –115, –131, –132, and –133
airplanes.
A320–111 airplanes; and Model A320–211, –212, –214,
–231, –232, and –233 airplanes.
A321–111, –112, and –131 airplanes; and Model A321–211,
–212, –213, –231, and –232 airplanes.
cchase on PROD1PC60 with RULES
Unsafe Condition
(d) This AD was prompted by a report
indicating that, during a test of the fire
extinguishing system, air leakage through the
water drain valves in the forward and aft
cargo doors 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 through the
water drain valves, which, in the event of a
fire in the forward or 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
VerDate Aug<31>2005
But not having
the following Airbus modification
installed in production—
Having the following Airbus
modification installed in production—
18:13 Mar 24, 2006
Jkt 208001
Or the following Airbus service bulletin incorporated in
service—
Not applicable ........................
25642 or 26213 .....................
Not applicable ........................
A320–52–1088 .......................
33232
33232
26213 or 26603 .....................
A320–52–1088 .......................
33232
26213 or 26603 .....................
A320–52–1088 .......................
33232
the compliance times specified, unless the
actions have already been done.
Alternative Methods of Compliance
(AMOCs)
Replacement of Water Drain Valves
(f) Within 14 months after the effective
date of this AD, replace the water drain
valves having part number (P/N) ABS0341–
2–01 in the forward and aft cargo doors with
new valves that close at a lower differential
pressure having P/N ABS0341–2–02, by
doing all of the applicable actions specified
in the Accomplishment Instructions of
Airbus Service Bulletin A320–52–1124,
Revision 01, dated May 31, 2005.
(h)(1) 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.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Credit for Previous Service Bulletin
(g) Actions done before the effective date
of this AD in accordance with Airbus Service
Bulletin A320–52–1124, May 6, 2004, are
acceptable for compliance with the
requirements of paragraph (f) of this AD.
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Fmt 4700
Sfmt 4700
Related Information
(i) French airworthiness directive F–2004–
172 R1, dated April 13, 2005, also addresses
the subject of this AD.
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
Material Incorporated by Reference
(j) You must use Airbus Service Bulletin
A320–52–1124, Revision 01, dated May 31,
2005, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, for a
copy of this service information. You may
review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at 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 March
10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–2852 Filed 3–24–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
issuing this AD to prevent rupture of the
inboard and outboard actuator fittings of
the aileron servo controls, which could
result in airframe vibration and
consequent reduced structural integrity
of the airplane.
DATES: This AD becomes effective May
1, 2006.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 1, 2006.
ADDRESSES: You may examine the 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., Nassif Building, Room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
Backman, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 227–2797; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration
Examining the Docket
14 CFR Part 39
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
[Docket No. FAA–2005–20452; Directorate
Identifier 2004–NM–206–AD; Amendment
39–14522; AD 2006–06–13]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–200 and –300 Series Airplanes;
and Model A340–200 and –300 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
cchase on PROD1PC60 with RULES
AGENCY:
Discussion
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A330–200 and A330–300
series airplanes; and Model A340–200
and –300 series airplanes. This AD
requires repetitive detailed inspections
for discrepancies of the inboard and
outboard actuator fittings of the aileron
servo controls, corrective actions if
necessary, and eventual replacement of
all the attachment bolts of the aileron
servo controls. This AD results from
several cases of bushing migration on
the inboard and outboard actuator
fittings of the aileron servo controls; in
one case the bushing had migrated
completely out of the actuator fitting
and the fitting was cracked. We are
VerDate Aug<31>2005
18:13 Mar 24, 2006
Jkt 208001
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Airbus Model A330 and
A340–200 and –300 series airplanes.
That NPRM was published in the
Federal Register on February 28, 2005
(70 FR 9555). That NPRM proposed to
require repetitive detailed inspections
for discrepancies of the inboard and
outboard actuator fittings of the aileron
servo controls, corrective actions if
necessary, and eventual replacement of
all the attachment bolts of the aileron
servo controls.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
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Request for Optional Inspection
Air France states that an optional
inspection (for the three repetitive
inspections referenced in the French
airworthiness directives) for bolt
replacement at the first inspection with
paint marking, and further inspection
after 1,800 flight hours, but no later than
18 months, is not shown in the NPRM.
Air France adds that airplanes with
Airbus Modification 45512 installed in
production, and without Airbus
Modification 50600 installed, need only
do the bolt replacement. Air France
notes that the inspections and bolt
replacement are for airplanes on which
servo controls ECP8/9 have been
installed in service by Airbus Service
Bulletin A340–27–4081 or A340–27–
4062 for Model A340–200 and –300
series airplanes; and Airbus Service
Bulletin A330–27–3075 or A330–27–
3054 for Model A330–200 and –300
series airplanes.
We agree with Air France. We have
added the affected airplane models to
paragraphs (h) and (j)(1) and (j)(2)
(changed to paragraphs (k)(1) and (k)(2)
in this final rule) of this AD to
distinguish between the requirements
for airplanes with Airbus Modification
45512 installed in production, and those
without the modification installed. We
have also added a new paragraph (i) to
provide for the optional inspection.
Additionally, we have changed
paragraphs (h) and (j) to include
terminating action for the repetitive
inspections if all the small-head
attachment bolts are replaced.
Request To Correct Typographical
Error/Clarify Certain Information
Airbus states that a typographical
error was made in the service bulletin
numbers referenced in Table 1 of the
NPRM for Airbus Service Bulletins
A330–57–3075 and A340–57–4083. The
references in the NPRM specify Airbus
Service Bulletins A330–27–3075 and
A340–27–4083. We agree that a
typographical error was made and we
have corrected the service bulletin
numbers accordingly.
Airbus also states that Table 1 lists the
service bulletins without any link or
reference to the rest of the AD. Airbus
asks for clarification of each service
bulletin to specify if it relates to the
inspection paragraph or the replacement
paragraph. We agree with Airbus. For
clarification, we have added paragraph
numbers to each service bulletin
reference in Table 1, and crossreferenced those numbers in paragraphs
(h), (j), and (k) of this AD.
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Agencies
[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15017-15020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2852]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20453; Directorate Identifier 2004-NM-270-AD;
Amendment 39-14524; AD 2006-06-15]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318-100 Series Airplanes;
Model A319-100 Series Airplanes; Model A320-111 Airplanes; Model A320-
200 Series Airplanes; Model A321-100 Series Airplanes; and Model A321-
200 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Model A318-100 series airplanes; Model A319-100 series
airplanes; Model A320-111 airplanes; Model A320-200 series airplanes;
Model A321-100 series airplanes; and Model A321-200 series airplanes.
This AD requires replacing the water drain valves in the forward and
aft cargo doors with new valves. This AD results from a report
indicating that, during a test of the fire extinguishing system, air
leakage through the water drain valves in the forward and aft cargo
doors 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 through the water drain valves, which, in the event
of a fire in the forward or 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 May 1, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 1, 2006.
ADDRESSES: You may examine the 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., Nassif Building,
room PL-401, Washington, DC.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this 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:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Airbus Model
A318, A319, A320, and A321 series airplanes. That NPRM was published in
the Federal Register on March 3, 2005 (70 FR 10342). That NPRM proposed
to require replacing the water drain valves in the forward and aft
cargo doors with new valves.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Support for NPRM
The Air Line Pilots Association and United Airlines support the
NPRM.
Requests To Extend Compliance Time
Airbus states that the Direction G[eacute]n[eacute]rale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, has issued French airworthiness directive F-2004-172 R1, dated
April 13, 2005, to extend the compliance time from April 30, 2005 to
December 31, 2005. (We referenced French airworthiness directive F-
2004-172, dated October 27, 2004, with a compliance time of 6 months in
the NPRM.) Airbus further states that our NPRM should not be more
restrictive than the French airworthiness directive. We infer the
commenter would like us to extend the compliance time to 14 months to
correspond with the revised French airworthiness directive.
Northwest Airlines (NWA) requests that we extend the compliance
time to 2 years to match the compliance time of related AD 2005-12-19.
NWA points out that both rulemaking actions are necessary to reduce the
rate of air renewal in the cargo compartments. NWA further states that
revising the compliance time in the NPRM would allow operators to
accomplish both modifications during the same maintenance visit,
eliminating the effect on line operations and potential for grounding
airplanes.
US Airways 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. U.S.
Airways recommends extending the compliance time to allow replacement
of the water drain valves at the next C-check or 18 months, whichever
is later, instead of the proposed 6-month compliance time. U.S. Airways
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 6-month window.
We agree with Airbus and have revised paragraph (f) of this AD
accordingly. We referenced French airworthiness directive F-2004-172 in
the NPRM because French airworthiness directive F-2004-172 R1 was
issued after we published our NPRM. Consequently, we have also revised
paragraph (i) of this AD to reference French airworthiness directive F-
2004-172 R1, dated April 13, 2005. In developing an appropriate
compliance time for this action, we considered not only the degree of
urgency associated with addressing the subject unsafe condition, but
the DGAC's recommendation for an appropriate compliance time, the
availability of required parts, and the practical aspect of installing
the required modification within an interval of time that corresponds
to the typical scheduled maintenance for the majority of affected
operators. We also considered the time required for the rulemaking
process. In addition, NWA and US Airways provided no data to indicate
that a further extension of the compliance time will ensure safety. In
consideration of these items, we have determined that compliance within
14 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
[[Page 15018]]
during scheduled maintenance intervals for the majority of affected
operators.
While we agree with NWA that the actions required by both this AD
and AD 2005-12-19 are necessary to correct the unsafe condition, we do
not agree to match the compliance times of the ADs. The compliance
times of these ADs instead match the compliance times of the
corresponding French airworthiness directives. Furthermore, those
compliance times differ because the number of affected airplanes and
overall exposure to the unsafe condition is not the same for both ADs.
Also, we note that the new 14-month compliance time from the effective
date of this AD is closer to the compliance time of AD 2005-12-19,
which is within 24 months after July 29, 2005. 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.
Request To Reference Later-Approved Service Bulletin
United Airlines states that the effectivity of Airbus Service
Bulletin A320-52-1124, dated May 6, 2004, is not up to date, and that
Airbus issued Telex SEM4/914.482/05 announcing it plans to publish a
revision to the service bulletin to correct the effectivity. United
Airlines therefore requests that we reference any later-approved
service bulletin in the NPRM.
We partially agree. As policy, we do not reference ``later-
approved'' service bulletins in ADs. However, since Airbus subsequently
issued Revision 01, dated May 31, 2005, to Service Bulletin A320-52-
1124, we agree to reference Revision 01 in paragraph (f) of this AD.
The procedures in Revision 01 of the service bulletin are essentially
the same as those in the original issue. Therefore, we have added a new
paragraph (g) to this AD to give credit for actions done in accordance
with the original issue of the service bulletin and have reidentified
the subsequent paragraphs accordingly. We point out that referencing
Revision 01 does not change the applicability specified in paragraph
(c) of this AD, since the applicability depends only on whether certain
modifications are accomplished in production or in-service.
Request To Combine Related Rulemaking
US Airways notes that Airbus Service Bulletin A320-21-1141,
Revision 01, dated December 17, 2004, is mentioned in French
airworthiness directive F-2004-172, dated October 27, 2004, and is
related to Airbus Service Bulletin A320-52-1124. (We referenced French
airworthiness directive F-2004-172 and Airbus Service Bulletin A320-52-
1124 in the NPRM.) US Airways states that Airbus Service Bulletin A320-
21-1141 is also considered necessary to accomplish the restriction of
airflow through the aft cargo compartment. US Airways adds that since
ADs are issued to address safety concerns, and not portions of a safety
concern, both modifications should be mandated by the same AD. US
Airways 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. US Airways adds that issuing separate ADs for the same
safety concern seems to complicate the process.
We acknowledge US Airways' request; however, Airbus Service
Bulletin A320-21-1141, Revision 01, dated December 17, 2004, was
referenced in AD 2005-12-19, amendment 39-14135 (70 FR 36476, June 24,
2005), which we issued on June 14, 2005. We issued AD 2005-12-19 to
address air leakage around the aft cargo temperature sensor, in
response to French airworthiness directive F-2004-123, dated July 21,
2004. That 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. The compliance time is 24 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 this AD is made
in this regard.
Request To Reference Part Numbers
The Modification and Replacement Parts Association (MARPA) requests
that we either identify the manufacturer of the affected water drain
valves and the part numbers, or publish the referenced service bulletin
with the AD. As justification for its request, MARPA states that the
affected water drain valves are identified in proprietary service
information that is not available to the general public. The commenter
asserts that, under 14 CFR 21.303, there are many valves that could be
approved replacement parts for the affected water drain valves. If
replacement parts do exist, MARPA adds that they may contain the same
defect as those addressed in the NPRM. MARPA further states that repair
facilities and part houses, which do not have access to proprietary
service information to determine the applicability of the AD, may
inadvertently provide defective parts manufacturer approval (PMA)
valves in the future.
We agree to identify the part number of the affected water drain
valves and have revised paragraph (f) of this AD accordingly. We also
concur with MARPA's general request that, if we know that an unsafe
condition also exists in PMA parts, the AD should address those parts,
as well as the original parts. At this time, we are not aware of other
PMA parts equivalent to the affected water drain valves. MARPA's
remarks are timely in that the Transport Airplane Directorate currently
is in the process of reviewing this issue as it applies to transport
category airplanes. We acknowledge that there may be other ways of
addressing this issue to ensure that unsafe PMA parts are identified
and addressed. Once we have thoroughly examined all aspects of this
issue, including input from industry, and have made a final
determination, we will consider whether our policy regarding addressing
PMA parts in ADs needs to be revised. We consider that to delay this AD
action would be inappropriate, since we have determined that an unsafe
condition exists and that replacement of certain parts must be
accomplished to ensure continued safety. Therefore, no additional
change has been made to the final rule in this regard.
Explanation of Change to Applicability
We have revised the applicability of this AD to identify model
designations as published in the most recent type certificate data
sheet for the affected models.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 434 airplanes of U.S. registry. The actions
in this AD take about 3 to 5 work hours per
[[Page 15019]]
airplane, depending on airplane configuration, at an average labor rate
of $65 per work hour. Required parts cost about $120 to $200 per
airplane, depending on airplane configuration. Based on these figures,
the estimated cost of the AD for U.S. operators is between $136,710 and
$227,850, or between $315 and $525 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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-06-15 Airbus: Amendment 39-14524. Docket No. FAA-2005-20453;
Directorate Identifier 2004-NM-270-AD.
Effective Date
(a) This AD becomes effective May 1, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the Airbus airplanes identified in Table
1 of this AD, certificated in any category.
Table 1.--Applicability
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But not having
the following
Having the following Or the following Airbus Airbus
Airbus model-- Airbus modification service bulletin modification
installed in production-- incorporated in service-- installed in
production--
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A318-111 and -112 airplanes............ Not applicable............ Not applicable........... 33232
A319-111, -112, -113, -114, -115, -131, 25642 or 26213............ A320-52-1088............. 33232
-132, and -133 airplanes.
A320-111 airplanes; and Model A320-211, 26213 or 26603............ A320-52-1088............. 33232
-212, -214, -231, -232, and -233
airplanes.
A321-111, -112, and -131 airplanes; and 26213 or 26603............ A320-52-1088............. 33232
Model A321-211, -212, -213, -231, and -
232 airplanes.
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Unsafe Condition
(d) This AD was prompted by a report indicating that, during a
test of the fire extinguishing system, air leakage through the water
drain valves in the forward and aft cargo doors 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 through the water drain valves, which, in the event of a
fire in the forward or 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.
Replacement of Water Drain Valves
(f) Within 14 months after the effective date of this AD,
replace the water drain valves having part number (P/N) ABS0341-2-01
in the forward and aft cargo doors with new valves that close at a
lower differential pressure having P/N ABS0341-2-02, by doing all of
the applicable actions specified in the Accomplishment Instructions
of Airbus Service Bulletin A320-52-1124, Revision 01, dated May 31,
2005.
Credit for Previous Service Bulletin
(g) Actions done before the effective date of this AD in
accordance with Airbus Service Bulletin A320-52-1124, May 6, 2004,
are acceptable for compliance with the requirements of paragraph (f)
of this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) 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.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) French airworthiness directive F-2004-172 R1, dated April
13, 2005, also addresses the subject of this AD.
[[Page 15020]]
Material Incorporated by Reference
(j) You must use Airbus Service Bulletin A320-52-1124, Revision
01, dated May 31, 2005, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for a copy of this service information. You may review
copies at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC; on the Internet at https://dms.dot.gov; or
at 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 March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-2852 Filed 3-24-06; 8:45 am]
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