[Federal Register: June 24, 2005 (Volume 70, Number 121)]
[Rules and Regulations]
[Page 36476-36479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn05-5]
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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.
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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 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 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
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Number of U.S.-
Action Work hours Average labor Parts Cost per airplane registered Fleet cost
rate per hour airplanes
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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.
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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--
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A319 series airplanes.................................. 24486 A320-21-1140 32616
A320 series airplanes.................................. 20084 A320-21-1048 32616
A321 series airplanes.................................. 22596 (\1\) 32616
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\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 http://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