[Federal Register: January 26, 2004 (Volume 69, Number 16)]
[Proposed Rules]
[Page 3535-3538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja04-13]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-163-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to all Airbus Model A319,
A320, and A321 series airplanes. That AD currently requires
identification of the part number and serial number of the parking
brake operated valve (PBOV); and, if necessary, inspection of the PBOV,
including a functional check of the PBOV, and follow-on and corrective
actions. That AD also provides for an optional terminating action for
the requirements of that AD. This new action would mandate the optional
terminating action, which would terminate the inspection requirements
of the previous AD. The actions specified by the proposed AD are
intended to prevent leakage of hydraulic fluid from the PBOV, which
could cause the loss of the parking brake accumulator, and render the
alternate braking system and the parking/emergency braking system
inoperative, as well as the loss of function of the yellow hydraulic
system (which provides all or part of the hydraulics for
[[Page 3536]]
the elevator, rudder, aileron, flaps, stabilizer, yaw damper, pitch and
yaw feel systems and autopilot, and certain spoilers).
DATES: Comments must be received by February 25, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-163-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-163-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-163-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-163-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On April 12, 2002, the FAA issued AD 2002-08-13, amendment 39-12721
(67 FR 19652, April 23, 2002); applicable to all Airbus Model A319,
A320, and A321 series airplanes; to require identification of the part
number and serial number of the parking brake operated valve (PBOV);
and, if necessary, inspection of the PBOV, including a functional check
of the PBOV, and follow-on and corrective actions. AD 2002-08-13 also
provides for optional terminating action for the requirements of that
AD. That action was prompted by reports of PBOV leakage of hydraulic
fluid on certain Airbus Model A320 series airplanes. The requirements
of that AD are intended to prevent loss of the yellow hydraulic system,
which provides all or part of the hydraulics for the elevator, rudder,
aileron, flaps, stabilizer, yaw damper, pitch and yaw feel systems and
autopilot, and certain spoilers.
In the preamble to AD 2002-08-13, the FAA indicated that the
actions required by that AD were considered ``interim action'' and that
further rulemaking action was being considered. The FAA now has
determined that further rulemaking is indeed necessary, and this
proposed AD follows from that determination.
Explanation of Relevant Service Information
Airbus has issued Service Bulletin A320-32A1233, Revision 01, dated
October 1, 2001, which describes procedures for identifying the part
number and serial number of the PBOV. (The existing AD refers to the
original issue of that service bulletin, dated August 16, 2001, as the
acceptable source of service information for the required actions.) For
a PBOV having a certain part and serial number, the service bulletin
describes procedures for an inspection to detect leakage or spray of
hydraulic fluid from the vent hole and to detect leakage or seepage of
any of the three hydraulic connections. The inspection includes a test
(functional check) of the PBOV. The service bulletin recommends
repetitive tests if the PBOV passes the test; and repair or replacement
if the PBOV fails, with repetitive tests if necessary. For certain
conditions, when a replacement spare is unavailable, the service
bulletin recommends contacting the manufacturer for further action.
This service bulletin also describes procedures for the repair or
replacement of all affected PBOVs. The service bulletin refers to
Messier-Bugatti Service Bulletin A25315-32-3215 as an additional source
of service information for the PBOV repair.
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, classified this
service bulletin as mandatory and issued French airworthiness directive
2001-384(B) R1, dated March 20, 2002, to ensure the continued
airworthiness of these airplanes in France.
FAA's Conclusions
These airplane models are manufactured in France and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the findings of the
DGAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same
[[Page 3537]]
type design registered in the United States, this proposed AD would
supersede AD 2002-08-13 to continue to require identification of the
part number and serial number of the PBOV, an inspection to detect
leakage or spray of hydraulic fluid from the vent hole, and to detect
leakage or seepage of any of the three hydraulic connections, if
necessary; repetitive tests if the PBOV passes the test; and repair or
replacement if the PBOV fails, with repetitive tests if necessary. This
proposed AD would require repair or replacement of all affected PBOV
valves, which would constitute terminating action for the inspection
requirements of the AD. The actions would be required to be
accomplished in accordance with the service bulletin described
previously, except as discussed below.
Differences Between Proposed Rule and Referenced Service Bulletin
Operators should note that although the service bulletin specifies
to submit certain information to the manufacturer, this proposed AD
does not include such a requirement.
Operators should also note that, although the service bulletin
specifies that the manufacturer may be contacted for disposition of
certain repair conditions, this AD requires those corrective actions to
be accomplished in accordance with a method approved either by the FAA
or the DGAC (or its delegated agent). In light of the type of action
required to address the identified unsafe condition, and in consonance
with existing bilateral airworthiness agreements, the FAA has
determined that, for this AD, corrective action approved by either the
FAA or the DGAC is acceptable for compliance.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. Because we have now included this material in part 39, we
no longer need to include it in each individual AD; therefore,
paragraph (f) and Note 1 of AD 2002-08-13 are not included in this
proposed AD. However, this proposed AD identifies the office authorized
to approve alternative methods of compliance.
Cost Impact
There are approximately 333 airplanes of U.S. registry that would
be affected by this proposed AD. The new requirements of this AD add no
additional economic burden. The current costs for this AD are as
follows:
The actions that are currently required by AD 2002-08-13, and that
are also required by the proposed AD, take approximately 2 work hours
per airplane to accomplish, at an average labor rate of $65 per work
hour. Based on these figures, the cost impact of the currently required
actions on U.S. operators is estimated to be $43,290 or $130 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted. The cost
impact figures discussed in AD rulemaking actions represent only the
time necessary to perform the specific actions actually required by the
AD. These figures typically do not include incidental costs, such as
the time required to gain access and close up, planning time, or time
necessitated by other administrative actions.
Regulatory Impact
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-12721 (67 FR
19652, April 23, 2002), and by adding a new airworthiness directive
(AD), to read as follows:
Airbus: Docket 2002-NM-163-AD. Supersedes AD 2002-08-13, Amendment
39-12721.
Applicability: All Model A319, A320, and A321 series airplanes,
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent leakage of hydraulic fluid from the parking brake
operated valve (PBOV), which could cause the loss of the parking
brake accumulator, and render the alternate braking system and the
parking/emergency braking system inoperative, as well as causing the
loss of function of the yellow hydraulic system (which provides all
or part of the hydraulics for the elevator, rudder, aileron, flaps,
stabilizer, yaw damper, pitch and yaw feel systems and autopilot,
and certain spoilers); accomplish the following:
Restatement of Requirements of AD 2002-08-13
Inspection and Functional Check
(a) Within 7 days after May 8, 2002 (the effective date of AD
2002-08-13, amendment 39-12721), identify the part number and serial
number of the PBOV to determine whether the PBOV is an affected
part, as identified by Airbus Service Bulletin A320-32A1233, dated
August 16, 2001; or Revision 01, dated October 1, 2001.
(1) If the PBOV is NOT an affected part: No further action is
required by this paragraph.
(2) If the PBOV is an affected part: Except as required by
paragraph (b) of this AD, prior to further flight, test the PBOV in
accordance with the service bulletin; and thereafter perform follow-
on and corrective actions (including repetitive tests and repair of
the PBOV or replacement with a serviceable PBOV) at the time
specified by and in accordance with the service bulletin, as
applicable.
(b) If Airbus Service Bulletin A320-32A1233, dated August 16,
2001; or Revision 01, dated October 1, 2001; specifies to contact
the manufacturer for corrective action: Prior to further flight,
perform the corrective action in accordance with a method approved
by either the Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate, or the Direction G[eacute]n[eacute]rale de
l'Aviation Civile (DGAC) (or its delegated agent).
[[Page 3538]]
Optional Terminating Action
(c) Replacement of the PBOV with a new, non-affected PBOV
terminates the requirements of this AD. Affected PBOVs are
identified in Airbus Service Bulletin A320-32A1233, dated August 16,
2001; or Revision 01, dated October 1, 2001.
Parts Installation
(d) As of May 8, 2002 (the effective date of AD 2002-08-13), no
person may install an affected PBOV on any airplane, unless that
PBOV is in compliance with all applicable requirements of this AD.
Affected PBOVs are identified by Airbus Service Bulletin A320-
32A1233, dated August 16, 2001; or Revision 01, dated October 1,
2001.
New Requirements of This AD
Repair or Replace
(e) Within 9 months after the effective date of this AD, repair
or replace all the PBOVs identified during the inspection required
by paragraph (a) of this AD as having part number A25315-1, and
having a serial number between H2372 and H2989 inclusive, that are
not identified with the letter ``V'' or ``VF+E.'' Repair or replace
the PBOVs in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-32A1233, Revision 01, dated October 1,
2001.
Note 1: The service bulletin refers to Messier-Bugatti Service
Bulletin A25315-32-3215 as an additional source of service
information for the PBOV repair or replacement.
Terminating Action
(f) Repair or replacement of the PBOV per paragraph (e) of this
AD terminates the requirements of this AD.
Actions Done per Previous Issue of Service Bulletin
(g) Repairs or replacements done before the effective date of
this AD in accordance with Airbus Service Bulletin A320-32A1233,
dated August 16, 2001, are considered acceptable for compliance with
the applicable actions specified in this AD.
Alternative Methods of Compliance
(h)(1) In accordance with 14 CFR 39.19, the Manager,
International Branch, ANM-116, is authorized to approve alternative
methods of compliance for this AD.
(2) Alternative methods of compliance, approved previously per
AD 2002-08-13, amendment 39-12721, are approved as alternative
methods of compliance with this AD.
Note 2: The subject of this AD is addressed in French
airworthiness directive 2001-384(B) R1, dated March 20, 2002.
Issued in Renton, Washington, on January 14, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-1563 Filed 1-23-04; 8:45 am]
BILLING CODE 4910-13-P