[Federal Register: December 16, 2004 (Volume 69, Number 241)]
[Proposed Rules]               
[Page 75273-75275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de04-15]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19863; Directorate Identifier 2003-NM-29-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Airbus Model A319, A320, and 
A321 series airplanes. The existing AD currently requires modification 
of the telescopic girt bar of the escape slide/raft assembly, and 
follow-on actions. This proposed AD would mandate a new modification of 
the telescopic girt bar, which would terminate the repetitive 
functional tests required by the existing AD. This proposed AD would 
also expand the applicability of the existing AD. This proposed AD is 
prompted by development of a new, improved modification. We are 
proposing this AD to prevent failure of the escape slide/raft to deploy 
correctly, which could result in the slide being unusable during an 
emergency evacuation and consequent injury to passengers or airplane 
crewmembers.

DATES: We must receive comments on this proposed AD by January 31, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your 

comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 

U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION:

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19863; 
Directorate Identifier 2003-NM-29-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will 

also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
 the Docket


    You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office 

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

Discussion

    On August 9, 2001, the FAA issued AD 2001-16-14, amendment 39-12383 
(66 FR 42939, August 16, 2001). That AD applies to certain Airbus Model 
A319, A320, and A321 series airplanes, and requires modifying the 
telescopic girt bar of the escape slide/raft assembly, and follow-on 
actions. That AD was prompted by several reports of the telescopic girt 
bar of the slide/raft assembly detaching from the door sill fittings 
and preventing proper deployment of the emergency escape slide. The 
requirements of that AD are intended to prevent failure of the escape 
slide/raft to deploy correctly, which could result in the slide being 
unusable during an emergency evacuation and consequent injury to 
passengers or airplane crewmembers.

Actions Since Existing AD Was Issued

    The preamble to AD 2001-16-14 specified that we considered the 
requirements ``interim action'' and that the manufacturer was 
developing a new modification to address the unsafe

[[Page 75274]]

condition. That AD explained that we may consider further rulemaking if 
that modification is developed, approved, and available. The 
manufacturer now has developed such a modification, and we have 
determined that further rulemaking is indeed necessary; this proposed 
AD follows from that determination.

Relevant Service Information

    Airbus has issued Service Bulletin A320-52-1112, Revision 02, dated 
September 6, 2002, which describes procedures for replacing the sliding 
part of the telescopic girt bar of the escape slide/raft assembly with 
a new part having a larger trigger; and doing an operational test after 
the replacement. For all airplanes, the replacement involves removing 
the four telescopic girt bars, installing a new slide on each of the 
four telescopic girt bars, and installing the four modified telescopic 
girt bars on the airplanes. For airplanes that have been modified per 
airplane configuration 02 (as required by AD 2001-16-14), the service 
bulletin also contains procedures for removing the ``U-shaped'' 
reinforcement bar installed on the four girt bar assemblies during the 
previous modification.
    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, classified this 
service information as mandatory and issued French airworthiness 
directive 2002-637(B) R1, dated April 16, 2003, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGACs findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    For this reason, this proposed AD would supersede AD 2001-16-14. 
This proposed AD would retain the requirements of the existing AD and 
would mandate a new modification of the telescopic girt bar, which 
would constitute terminating action for the repetitive functional tests 
of the existing AD. This proposed AD would also expand the 
applicability of the existing AD.

Clarification of Concurrent Requirements

    Airbus Service Bulletin A320-52-1112, Revision 02, specifies Airbus 
Service Bulletins A320-25-1055 (currently at Revision 15, dated 
February 11, 2004), and A320-25-1218 (currently at Revision 01, dated 
November 2, 2001), as concurrent requirements. These service bulletins 
describe procedures for installing Air Cruisers slide raft assemblies 
that are the subject of this proposed AD on the passenger/crew doors. 
If the slide rafts specified in these service bulletins have not been 
installed previously, then the airplane would not be subject to the 
proposed AD (i.e., the airplane would not be equipped with slide rafts 
needing to be modified). Thus, we find it is not necessary for this 
proposed AD to require accomplishing Service Bulletin A320-25-1055 or 
A320-25-1218.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2001-16-14. 
Since AD 2001-16-14 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifier has changed in this proposed AD, as listed in the 
following table:

                      Revised Paragraph Identifier
------------------------------------------------------------------------
                                           Corresponding  requirement in
      Requirement in AD 2001-16-14               this proposed AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
------------------------------------------------------------------------

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Costs of Compliance

    This proposed AD would affect about 517 airplanes of U.S. registry.
    The modification that is required by AD 2001-16-14 and retained in 
this proposed AD takes about 7 work hours per airplane, at an average 
labor rate of $65 per work hour. The cost of required parts is 
negligible. Based on these figures, the estimated cost of the currently 
required modification is $235,235, or $455 per airplane.
    The functional test that is required by AD 2001-16-14 and retained 
in this proposed AD takes about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required functional test is $33,605, or $65 per 
airplane, per test cycle.
    For airplanes that have not been modified in accordance with AD 
2001-16-14: The new proposed modification would take about 16 work 
hours per airplane, at an average labor rate of $65 per work hour. 
Required parts would cost about $5,040 per airplane. Based on these 
figures, the estimated cost of the new modification specified in this 
proposed AD is $6,080 per airplane.
    For airplanes that have been modified in accordance with AD 2001-
16-14: The new proposed modification would take about 20 work hours per 
airplane, at an average labor rate of $65 per work hour. Required parts 
would cost about $5,040 per airplane. Based on these figures, the 
estimated cost of the new modification specified in this proposed AD is 
$6,340 per airplane.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safety 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 
proposed AD.

Regulatory Findings

    We have determined that this proposed AD will not have federalism 
implications under Executive Order 13132. This proposed 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 the proposed 
regulation:

[[Page 75275]]

    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing amendment 39-12383 (66 FR 
42939, August 16, 2001) and adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2004-19863; Directorate Identifier 2003-NM-
29-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this airworthiness directive (AD) action by January 31, 2005.

Affected ADs

    (b) This AD supersedes AD 2001-16-14, Amendment 39-12383 (66 FR 
42939, August 16, 2001).

Applicability

    (c) This AD applies to Airbus Model A319, A320, and A321 series 
airplanes; certificated in any category; equipped with telescopic 
girt bars of the escape slide/raft assembly installed per Airbus 
Modification 20234, or Airbus Service Bulletin A320-25-1055 or A320-
25-1218 in service; except those airplanes with Airbus Modification 
31708.

Unsafe Condition

    (d) This AD was prompted by development of a new, improved 
modification of the telescopic girt bar of the escape slide/raft 
assembly. We are issuing this AD to prevent failure of the escape 
slide/raft to deploy correctly, which could result in the slide 
being unusable during an emergency evacuation and consequent injury 
to passengers or airplane crewmembers.

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.

Restatement of Requirements of AD 2001-16-14

Modification/Follow-On Actions

    (f) For airplanes listed in Airbus Industrie All Operators Telex 
A320-52A1111, Revision 01, dated July 23, 2001: Within 1,500 flight 
hours after August 31, 2001 (the effective date of AD 2001-16-14); 
except as provided by paragraph (h) of this AD, modify the 
telescopic girt bar of the escape slide/raft assembly installed on 
all passenger and crew doors and do a functional test to ensure the 
girt bar does not retract, per Airbus Industrie AOT A320-52A1111, 
Revision 01, dated July 23, 2001.
    (1) If the girt bar retracts, before further flight, replace any 
discrepant parts and do another functional test to ensure the girt 
bar does not retract, per the AOT. Repeat the functional test after 
that at intervals not to exceed 18 months until paragraph (g) of 
this AD is accomplished.
    (2) If the girt bar does not retract, repeat the functional test 
thereafter at intervals not to exceed 18 months.


    Note 1: Modification and follow-on actions accomplished prior to 
the effective date of this AD per Airbus Industrie AOT A320-52A1111, 
dated July 5, 2001, are considered acceptable for compliance with 
the applicable actions specified in this amendment.

New Requirements of This AD

Modification

    (g) Within 48 months after the effective date of this AD: Modify 
the telescopic girt bar of the escape slide/raft assembly by doing 
all the applicable actions specified in the Accomplishment 
Instructions of Airbus Service Bulletin A320-52-1112, Revision 02, 
dated September 6, 2002. Accomplishing the actions required by this 
paragraph terminates the repetitive functional tests required by 
paragraph (f) of this AD.
    (h) Airplanes on which the modification required by paragraph 
(g) of this AD is accomplished within the compliance time specified 
in paragraph (f) of this AD are not required to accomplish the 
modification required by paragraph (f).

Modifications Accomplished According to Previous Issues of Service 
Bulletin

    (i) Modifications accomplished before the effective date of this 
AD in accordance with either Airbus Service Bulletin A320-52-1112, 
dated January 16, 2002; or Revision 01, dated April 3, 2002; are 
considered acceptable for compliance with paragraph (g) of this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install 
on any airplane a telescopic girt bar of the escape slide/raft 
assembly unless it has been modified as required by paragraph (g) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, has the 
authority to approve alternative methods of compliance (AMOCs) for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) AMOCs approved previously in accordance with AD 2001-16-14, 
amendment 39-12383, are approved as AMOCs with paragraph (f) of this 
AD.

Related Information

    (l) French airworthiness directive 2002-637(B) R1, dated April 
16, 2003, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 6, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27505 Filed 12-15-04; 8:45 am]

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