[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Rules and Regulations]
[Pages 50129-50130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24901]



[[Page 50129]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-15-AD; Amendment 39-10770; AD 98-20-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A319, A320, and A321 series 
airplanes, that requires replacing certain toilet rinse valves with 
modified rinse valves. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent water contamination of the avionics computers, which could 
result in the display of erroneous or misleading information to the 
flightcrew, and consequent reduced controllability of the airplane.

DATES: Effective October 26, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 26, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A319, A320, 
and A321 series airplanes was published in the Federal Register on 
March 20, 1998 (63 FR 13570). That action proposed to require replacing 
certain Monogram toilet rinse valves with modified rinse valves.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule.
    Two commenters express their concerns that additional sources of 
fluid contamination of avionics computers exist. One commenter 
specifies that other possible fluid sources include water supply and 
drain lines, coffee makers, water boilers, water filters, hot-cups, 
beverage containers, trash cans, rain, snow, waste tanks, waste tank 
rinse systems, hydraulic lines, fuel lines, and de-icing fluid systems. 
The other commenter states that, since the avionics computers probably 
have cooling air holes in their cases and are not intrinsically 
tolerant of moisture ingress, it may be desirable to provide additional 
protection of the avionics computers such as installing drip shields. 
The commenter further suggests that the need for such additional 
protection could be verified by a safety analysis conducted to consider 
the probability of failure of the rinse valve, the probability of 
overflow fluids entering the computers, and the probability of 
hazardous malfunction of the computers due to moisture ingress.
    The FAA acknowledges the commenters' concern that other potential 
sources of fluid contamination may exist. However, an existing unsafe 
condition (water contamination of the avionics computers due to 
malfunction of the toilet rinse valve) has been identified and a 
corrective action required in this rule. The FAA finds that to delay 
issuance of this final rule would be inappropriate, since issuance of 
an AD is the means by which the identified unsafe condition will be 
addressed. Therefore, no change to this final rule is necessary.
    However, the FAA has been advised that additional safety analyses 
have been conducted to address other probabilities of contamination of 
the avionics computers. Additionally, the FAA is reviewing additional 
information received from the Direction Generale de l'Aviation Civile 
(DGAC), the airworthiness authority for France, concerning 
contamination of the avionics computers. After review of the findings 
of this information, the FAA may consider further rulemaking.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 16 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 6 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Required parts will be provided by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact of the AD on U.S. operators is estimated to be $5,760, or 
$360 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

[[Page 50130]]

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 adding the following new 
airworthiness directive:

98-20-04  Airbus Industrie: Amendment 39-10770. Docket 98-NM-15-AD.

    Applicability: Model A319, A320, and A321 series airplanes; 
equipped with Monogram rinse valves having part number (P/N) 15800-
348, Revision C; and on which Airbus Modification 26145 (reference 
Airbus Service Bulletin A320-38-1049) has not been accomplished; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent water contamination of the avionics computers, which 
could result in the display of erroneous or misleading information 
to the flightcrew, and consequent reduced controllability of the 
airplane, accomplish the following:
    (a) Within 12 months after the effective date of this AD, 
replace all Monogram toilet rinse valves having P/N 15800-348, 
Revision C, with modified rinse valves, in accordance with Airbus 
Service Bulletin A320-38-1049, dated January 22, 1997.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) The actions shall be done in accordance with Airbus Service 
Bulletin A320-38-1049, dated January 22, 1997. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 97-269-103(B), dated September 24, 1997.

    (e) This amendment becomes effective on October 26, 1998.

    Issued in Renton, Washington, on September 11, 1998.
Dorenda D. Baker,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-24901 Filed 9-18-98; 8:45 am]
BILLING CODE 4910-13-U