[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66739-66741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31549]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-354-AD; Amendment 39-12574; AD 2001-26-10]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Airbus Model A319, A320, and A321 series 
airplanes. This action requires an in-situ one-time detailed visual 
inspection of Draeger Type I oxygen containers, located in the 
passenger service units, and Draeger Type II oxygen containers, located 
in the utility areas, for the presence of foam pads. This action also 
requires the installation of a new foam pad, if necessary; and other 
actions to ensure proper operations of the masks. This action is 
necessary to prevent failure of the oxygen containers to deliver oxygen 
to the passengers in the event of a rapid decompression or cabin 
depressurization. This action is intended to address the identified 
unsafe condition.

DATES: Effective January 11, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 11, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before January 28, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-354-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 

[email protected]. Comments sent via the Internet must contain 
``Docket No. 2001-NM-354-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    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 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.

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 Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, recently 
notified the FAA that an unsafe condition may exist on certain Airbus 
Model A319, A320, and A321 series airplanes having manufacturer serial 
numbers 1035 through 1384 inclusive. The DGAC advises that an operator 
reported foam pads missing from some Draeger Type I (three/four-mask) 
and Draeger Type II (two-mask) oxygen containers. The foam pads, 
located at the end of the oxygen

[[Page 66740]]

generator, prevent the lanyard between the oxygen mask and oxygen 
release pin from getting twisted around the generator starter lever 
arm. In such a configuration, and in case of sudden release of cabin 
pressure, the oxygen supply to passengers may not be ensured. Findings 
indicate that the foam pads, erroneously thought to be packing 
material, were removed during installation of the oxygen containers on 
the airplane. The foam pads are necessary to prevent entanglement of 
the mask lanyards if the masks are required in an emergency.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-35-1022, dated June 27, 
2001, which describes procedures for an inspection of Draeger Type I 
oxygen containers, located in the power supply units, and Draeger Type 
II oxygen containers, located in the utility areas, for the presence of 
foam pads; the installation of a new foam pad, if necessary; and other 
actions to ensure proper operation of the masks. Other actions include 
repacking the masks in the correct position; checking the masks, tubes, 
and lanyards for correct stowage; and doing a manual release test and 
an operational test. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DGAC classified this service bulletin as 
mandatory and issued French airworthiness directive 2001-363(B), dated 
August 8, 2001, in order to assure the continued airworthiness of these 
airplanes in France.

FAA's Conclusions

    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. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent failure of the 
oxygen containers to deliver oxygen to the passengers in the event of a 
rapid decompression or cabin depressurization. This AD requires an in-
situ one-time detailed visual inspection of Draeger Type I oxygen 
containers, located in the passenger service unit, and Draeger Type II 
oxygen containers, located in the utility areas, for the presence of 
foam pads; installation of new foam pads, if necessary; and other 
actions to ensure proper operation of the masks. The actions are 
required to be accomplished in accordance with the service bulletin 
described previously.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-354-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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.

[[Page 66741]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-26-10  Airbus Industrie: Amendment 39-12574. Docket 2001-NM-
354-AD.

    Applicability: Model A319, A320, and A321 series airplanes, 
certificated in any category, having manufacturer serial numbers 
1035 and 1384 inclusive.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
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 failure of the oxygen containers to deliver oxygen to 
the passengers in the event of a rapid decompression or cabin 
depressurization; accomplish the following:

Inspection, Installation, and Other Actions

    (a) Within 600 flight hours after the effective date of this AD, 
do an in-situ one-time detailed visual inspection of Draeger Type I 
(three/four mask) oxygen containers, located in the passenger 
service units, and Dra eger Type II (two-mask) oxygen containers, 
located in the utility areas, for the presence of foam pads, per 
Airbus Service Bulletin A320-35-1022, dated June 27, 2001.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (1) If all foam pads are installed, before further flight, 
complete the other actions (including repacking the masks in the 
correct position; checking the masks, tubes, and lanyards for 
correct stowage; and doing a manual release test and an operational 
test) specified in the Accomplishment Instructions of the service 
bulletin to ensure proper operation of the masks.
    (2) If any foam pad is missing, before further flight, install a 
foam pad in the applicable oxygen container, and complete the other 
actions (including repacking the masks in the correct position; 
checking the masks, tubes, and lanyards for correct stowage; and 
doing a manual release test and an operational test) specified in 
the Accomplishment Instructions of the service bulletin to ensure 
proper operation of the masks.

Spares

    (b) As of the effective date of this AD, no person shall install 
on any airplane a Draeger Type I or Draeger Type II oxygen container 
unless it has been inspected and other actions done per Airbus 
Service Bulletin A320-35-1022, dated June 27, 2001.

Alternative Methods of Compliance

    (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, FAA. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Airbus Service 
Bulletin A320-35-1022, dated June 27, 2001. 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 4: The subject of this AD is addressed in French 
airworthiness directive 2001-363(B), dated August 8, 2001.

Effective Date

    (f) This amendment becomes effective on January 11, 2002

    Issued in Renton, Washington, on December 17, 2001.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-31549 Filed 12-26-01; 8:45 am]
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