[Federal Register Volume 64, Number 10 (Friday, January 15, 1999)]
[Rules and Regulations]
[Pages 2552-2555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-812]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-103-AD; Amendment 39-10992; AD 99-02-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320 series airplanes, that requires 
installation of a rubber strip and replacement of connection sheets and 
the seal retainer on the avionics compartment access door with new 
parts; and installation of drip pans and additional drain gutters on 
the avionics racks. 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 the 
trickling of water into the avionics compartment, which could result in 
avionics computer and equipment malfunctions.

DATES: Effective February 19, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 19, 1999.

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 A320 series 
airplanes was published in the Federal Register on March 4, 1998 (63 FR 
10572). That action proposed to require installation of a rubber strip 
and replacement of connection sheets and the seal retainer on the 
avionics compartment access door with new parts; and installation of 
drip pans and additional drain gutters on the avionics racks.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Approve Alternate Method of Compliance

    One commenter requests that Airbus Service Bulletin A320-25-1186, 
dated December 1, 1997, or subsequent revisions be approved as an 
alternate method of compliance with the requirements of paragraph (b) 
of the proposed rule. The commenter states that incorporation of Airbus 
Service Bulletin A320-25-1186 would provide a high level of safety by 
increasing the area and drainage in the 90VU avionics rack area, and 
would install the drain

[[Page 2553]]

pans over all portions of the 90VU rack as specified in Airbus Service 
Bulletin A320-24-1054.
    The FAA has reviewed Airbus Service Bulletin A320-25-1186, dated 
December 1, 1997, and concurs with the commenter's request to approve 
it as an acceptable method of compliance with the requirements of 
paragraph (b) of this AD. The FAA has revised the final rule to add a 
note that reflects that approval.
    However, the FAA cannot concur with the commenter's request to 
extend the approval to ``subsequent revisions'' of that service 
bulletin. The FAA does not reference service bulletins in an AD that 
have not yet been released. Office of the Federal Register (OFR) 
regulations require that either the service document contents be 
published as part of the actual AD language; or that the service 
document be submitted for approval by the OFR as ``referenced'' 
material, in which case it only may be referred to in the text of an 
AD. An AD may only refer to a service document that was submitted and 
approved by the OFR for ``incorporation by reference.'' [In order for 
operators to use later revisions of a specifically referenced document 
in an AD, either the AD must be revised to reference the specific later 
revisions, or operators must request approval of the revisions as an 
alternative method of compliance under the provisions of paragraph (c) 
of this AD.]

Add Another Required Service Bulletin

    One commenter requests that, in addition to requiring 
accomplishment of Airbus Service Bulletin A320-24-1054, Revision 2, 
dated September 22, 1993, in paragraph (b) of the proposed rule, the 
FAA also require accomplishment of Airbus Service Bulletin A320-25-
1186. The commenter notes that accomplishment of Airbus Service 
Bulletin A320-25-1186 provides additional protection for the 90 VU 
rack, and that the service bulletin is scheduled to be mandated by the 
Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, with a compliance time of two 
years. The commenter also requests that a three-year compliance time 
[identical to the compliance time specified in paragraph (b) of the 
proposed rule for the installation of drip pans and additional drain 
gutters on the avionics racks in accordance with Airbus Service 
Bulletin A320-24-1054, Revision 2] be mandated for the accomplishment 
of Airbus Service Bulletin A320-25-1186.
    The FAA does not concur with the commenter's request to require 
accomplishment of Airbus Service Bulletin A320-25-1186 in this rule. 
Requiring accomplishment of that service bulletin would expand the 
applicability of the AD to other airplanes, as well as require 
additional work for operators. To add such requirements would 
necessitate (under the Administrative Procedure Act) reissuing the 
notice, reopening the period for public comment, considering additional 
comments received, and eventually issuing a final rule. The time 
required for those procedures may be as long as four additional months.
    In light of the nature of the unsafe condition identified in this 
rule, the FAA has determined that further delay of this final rule 
action is not appropriate. However, the FAA may consider additional 
rulemaking action. Furthermore, as explained in a previous response to 
a commenter, the FAA has added Airbus Service Bulletin A320-25-1186 to 
this rule as an alternative method of compliance with paragraph (b) of 
this AD.

Request for Approval of Other Alternative Methods of Compliance

    One commenter, the manufacturer, requests that revisions prior to 
Airbus Service Bulletins A320-24-1054, Revision 2, and A320-53-1070, 
Revision 6, be approved as alternative methods of compliance with the 
requirements of the proposed rule. The manufacturer advises that later 
revisions have been issued of both service bulletins that are 
referenced in the proposed rule.
    The FAA partially concurs with the commenter's request. The FAA has 
determined that Airbus Service Bulletin A320-53-1070, Revisions 4, 5, 
7, and 8 are, for the purposes of this AD, equivalent to the technical 
procedures specified in Revision 6, which is an appropriate source of 
service information specified in this AD. A new ``Note 2'' has been 
added to the AD to reflect this determination. However, the FAA has 
been unable to secure copies of Revisions 1, 2, and 3 of that service 
bulletin to determine if the procedures specified in those revisions 
are technically equivalent to Revision 6 of Airbus Service Bulletin 
A320-53-1070. Consequently, the FAA finds that operators who wish to 
use Revisions 1, 2, and 3 of Airbus Service Bulletin A320-53-1070 must 
submit a copy of the revision to the FAA with a request for approval of 
an alternative method of compliance in accordance with paragraph (c) of 
this AD.
    Similarly, the FAA also has been unable to obtain and review copies 
of Revisions 1, 3, and 4 of Airbus Service Bulletin A320-24-1054. 
Consequently the FAA finds that those operators who wish to use 
revisions other than Revision 2, as specified in the AD, must submit a 
copy of that service bulletin with a request for approval of an 
alternative method of compliance in accordance with paragraph (c) of 
this AD.

Clarification of Applicability

    One commenter, an operator, states that its fleet of airplanes is 
not affected by the proposed requirements of the Notice of Proposed 
Rulemaking (NPRM). The operator justifies its position by stating that 
the Airbus service bulletins referenced in the proposed rule specify 
that the modifications described in those particular service bulletins 
were incorporated on airplanes having manufacturer's serial number 
(MSN) 316 and subsequent, and that the operator's first Airbus Model 
A320 series airplane is MSN 435.
    The FAA finds that clarification of the applicability is warranted. 
The FAA acknowledges that Airbus Service Bulletin A320-24-1054 (which 
is specified as one of the appropriate sources of service information 
in the proposal) specifies that it does not affect airplanes having MSN 
316 and subsequent. However, Airbus Service Bulletin A320-53-1070 
(which is specified as one of the appropriate sources of service 
information in the proposal) clearly specifies that it affects some 
airplanes manufactured after MSN 316.
    The applicability of the proposed rule, which is retained in the 
final rule, affects ``Model A320 series airplanes on which Airbus 
Modification 22119 or 21999 has not been accomplished.'' The 
applicability of this AD is contingent on certain modifications that 
have not been accomplished rather than based on the effectivity of the 
referenced service bulletins. Therefore, regardless of the effectivity 
of the referenced service bulletins, this AD takes precedence.

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 with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 118 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 3 work hours per 
airplane to accomplish

[[Page 2554]]

the actions specified in Airbus Service Bulletin A320-53-1070, Revision 
6, at an average labor rate of $60 per work hour. Required parts will 
cost approximately $1,273 per airplane. Based on these figures, the 
cost impact of this action on U.S. operators is estimated to be 
$171,454, or $1,453 per airplane.
    It will take approximately 41 work hours to accomplish the actions 
specified in Airbus Service Bulletin A320-24-1054, Revision 2, at an 
average labor rate of $60 per work hour. Required parts will cost 
approximately $4,340 per airplane. Based on these figures, the cost 
impact of this action on U.S. operators is estimated to be $802,400, or 
$6,800 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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:

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:

99-02-03  Airbus Industrie: Amendment 39-10992. Docket 98-NM-103-AD.

    Applicability: Model A320 series airplanes on which Airbus 
Modification 22119 or 21999 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 (c) 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 the trickling of water into the avionics compartment, 
which could result in avionics computer and equipment malfunctions, 
accomplish the following:
    (a) Except for airplanes on which the access door has been 
removed, sealed, or blocked in accordance with Airbus Service 
Information Letter 53-052, dated August 30, 1991; or in accordance 
with a method approved by the FAA: Within 18 months after the 
effective date of this AD, install a rubber strip, and replace the 
connection sheets and the seal retainer on the avionics compartment 
access door with new parts, in accordance with Airbus Service 
Bulletin A320-53-1070, Revision 6, dated July 18, 1995.

    Note 2: Accomplishment of Airbus Service Bulletin A320-53-1070, 
Revision 4, 5, 7, or 8, is acceptable for compliance to the 
requirements of paragraph (a) of this AD.

    (b) Within 3 years after the effective date of this AD, install 
drip pans and additional drain gutters on the avionics racks in 
accordance with Airbus Service Bulletin A320-24-1054, Revision 2, 
dated September 22, 1993.

    Note 3: Accomplishment of Airbus Service Bulletin A320-24-1054, 
Revision 1, 3, or 4, is acceptable for compliance to the 
requirements of paragraph (b) of this AD.

    Note 4: Accomplishment of Airbus Industrie Service Bulletin 
A320-25-1186, dated December 1, 1997, also is acceptable for 
compliance with the requirements of paragraph (b) of this AD.

    (c) 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, 
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 5: Information concerning the existence of other approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (d) Special flight permits may be issued in accordance with 
Secs. 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.
    (e) The actions shall be done in accordance with Airbus Service 
Bulletin A320-53-1070, Revision 6, dated July 18, 1995, and Airbus 
Service Bulletin A320-24-1054, Revision 2, dated September 22, 1993. 
These Airbus service bulletins contain the following list of 
effective pages:

----------------------------------------------------------------------------------------------------------------
 Service bulletin reference and                           Revision level shown on
              date                       Page No.                   page                 Date shown on page
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A320-24-1054, Revision 2,        1-5, 7-40..............  2......................  September 22, 1993.
 September 22, 1993.
September 22, 1993.............  6......................  Original...............  January 20, 1992.
A320-53-1070, Revision 6, July   1-3, 5, 7-12...........  6......................  July 18, 1995.
 18, 1995.
                                 4......................  2......................  November 10, 1992.
                                 6, 13-16, 18...........  4......................  June 15, 1993.
                                 17.....................  5......................  October 4, 1993.
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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.

[[Page 2555]]

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 6: The subject of this AD is addressed in French 
airworthiness directives 96-011-075(B), dated January 3, 1996, and 
96-040-076(B), dated February 14, 1996.

    (f) This amendment becomes effective on February 19, 1999.

    Issued in Renton, Washington, on January 7, 1999.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-812 Filed 1-14-99; 8:45 am]
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