[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Rules and Regulations]
[Pages 2799-2801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-01-AD; Amendment 39-12608; AD 2002-01-14]
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 supersedes an existing airworthiness directive 
(AD), applicable to certain Airbus Model A319, A320, and A321 series 
airplanes, that currently 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. That action also 
currently requires the installation of a new foam pad, if necessary; 
and other actions to ensure proper operation of the masks. This 
amendment retains those requirements and expands the applicability of 
the existing AD to include additional airplanes that were inadvertently 
excluded from that AD. The actions specified in this AD are intended 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 22, 2002.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register as of January 11, 2002 (66 FR 66739, dated December 27, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before March 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-01-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 fax or the Internet must 
contain ``Docket No. 2002-NM-01-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via 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: On December 17, 2001, the FAA issued AD 
2001-26-10, amendment 39-12574 (66 FR 66739, December 27, 2001), 
applicable to certain Airbus Model A319, A320, and A321 series 
airplanes, to require 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. That action also requires the 
installation of a new foam pad, if necessary; and other actions to 
ensure proper operation of the masks. The actions required by that AD 
are intended to prevent failure of the oxygen containers to deliver 
oxygen to the passengers in the event of a rapid decompression or cabin 
depressurization.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2001-26-10, the FAA has become aware that 
some airplanes were inadvertently excluded from the applicability of 
that AD. The applicability of that AD specified only ``Model A319, 
A320, and A321 series airplanes, certificated in any category, having 
manufacturer serial numbers 1035 and 1384 inclusive.'' However, it was 
our intent for the applicability to be the same as that specified in 
the effectivity of Airbus Service Bulletin A320-35-1022, dated June 27, 
2001. Therefore, we have determined that it is necessary to supersede 
AD 2001-26-10 to expand the applicability to include the additional 
airplanes listed in that Airbus service bulletin.

U.S. Type Certification of the Airplane Models

    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.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
supersedes AD

[[Page 2800]]

2001-26-10 to continue to require 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 
continues to require the installation of a new foam pad, if necessary; 
and other actions to ensure proper operation of the masks. This 
amendment retains those requirements and expands the applicability of 
the existing AD to include additional airplanes that were inadvertently 
excluded from that AD.

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 2002-NM-01-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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-12574 (66 FR 
66739, December 27, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12608, to read as follows:

2002-01-14  Airbus Industrie: Amendment 39-12608. Docket 2002-NM-01-
AD. Supersedes AD 2001-26-10, Amendment 39-12574.

    Applicability: Model A319, A320, and A321 series airplanes; 
certificated in any category; as listed in Airbus Service Bulletin 
A320-35-1022, dated June 27, 2001.

    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 Draeger 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

[[Page 2801]]

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 previously by the Director of the Federal 
Register as of January 11, 2002 (66 FR 66739, December 27, 2001). 
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 22, 2002.

    Issued in Renton, Washington, on January 14, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-1419 Filed 1-18-02; 8:45 am]
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