[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Proposed Rules]
[Pages 4789-4791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1725]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 /
Proposed Rules
[[Page 4789]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-175-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Model A319, A320, and A321 series airplanes. This
proposed AD would require replacing the cargo ventilation extraction
duct at frame 65 with a new duct, and relocating the temperature sensor
in the aft cargo compartment. This proposed 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 proposing 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: We must receive comments on this proposed AD by March 2, 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.
By 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. 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:
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-2005-20166;
Directorate Identifier 2004-NM-175-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 submitted 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.
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
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, notified the FAA that
an unsafe condition may exist on certain Airbus Model A319, A320, and
A321 series airplanes. The DGAC advises that a test of the fire
containment capability of the aft cargo compartment was performed on a
Model A319 series airplane. The test revealed that the concentration of
the halon fire extinguishing agent decreased below the level required
to suppress a fire. Investigation revealed that the drop in the
concentration of halon was due to too high a rate of air renewal in the
compartment. Further investigation revealed that air leakage around the
water drain valves in the forward and aft cargo doors and around the
aft cargo compartment temperature sensor contributed to the reduced
concentration of halon. The air leakage allowed the halon to leak out
of the compartment, and the remaining concentration of halon was
insufficient to suppress a fire. The DGAC states that a separate French
airworthiness directive will address air leakage around the water drain
valves. In the event of a fire in the aft cargo compartment, an
insufficient concentration of fire extinguishing agent could result in
the inability of the fire extinguishing system to suppress the fire.
The aft cargo compartment temperature sensor installation on the
Airbus A320 and A321 series airplanes
[[Page 4790]]
is similar to that of the Airbus A319 series airplanes; therefore,
those airplanes may also be subject to this unsafe condition.
Relevant Service Information
Airbus has issued Service Bulletin A320-21-1141, dated April 7,
2004. The service bulletin describes procedures for relocating the
temperature sensor in the aft cargo compartment. The procedures include
replacing the duct at frame 65 with a new duct that can accommodate the
temperature sensor and installing a placard, rerouting the sensor line,
and installing the temperature sensor and associated hardware in the
new duct. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition. The
DGAC mandated the service information and issued French airworthiness
directive F-2004-123, dated July 21, 2004, 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. According to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and French Airworthiness Directive.''
Difference Between the Proposed AD and French Airworthiness Directive
The applicability of French airworthiness directive F-2004-123
excludes airplanes that accomplished Airbus Service Bulletin A320-21-
1141 in service. However, we have not excluded those airplanes in the
applicability of this proposed AD; rather, this proposed AD includes a
requirement to accomplish the actions specified in that service
bulletin. This requirement would ensure that the actions specified in
the service bulletin and required by this proposed AD are accomplished
on all affected airplanes. Operators must continue to operate the
airplane in the configuration required by this proposed AD unless an
alternative method of compliance is approved.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Average Number of
Work labor U.S.-
Action hours rate per Parts Cost per airplane registered Fleet cost
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 and
temperature sensor in aft cargo $11,640. $13,850. $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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the 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. 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 adding the following new
airworthiness directive (AD):
Airbus: Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-
175-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by March 2, 2005.
Affected ADs
(b) None.
[[Page 4791]]
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
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But not
Having the having the
following following
Airbus Model- Airbus Or the following Airbus service Airbus
modification bulletin incorporated in service- modification
installed in installed in
production- 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 Not applicable....................... 32616
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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, dated April 7, 2004.
Alternative Methods of Compliance (AMOCs)
(g) 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
(h) French airworthiness directive F-2004-123, dated July 21,
2004, also addresses the subject of this AD.
Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-1725 Filed 1-28-05; 8:45 am]
BILLING CODE 4910-13-P