[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19652-19655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9568]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-371-AD; Amendment 39-12721; AD 2002-08-13]
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

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applicable to all Airbus Model A319, A320, and A321 series airplanes. 
This action requires identification of the part number and serial 
number of the parking brake operated valve (PBOV); and, if necessary, 
inspection of the PBOV, including a functional check of the PBOV, and 
follow-on and corrective actions. This action also provides for 
optional terminating action for the requirements of this AD. This 
action is necessary to prevent loss of the yellow hydraulic system, 
which provides all the hydraulics for certain spoilers; elements of the 
hydraulics for flaps, stabilizer, pitch and yaw feel systems, pitch and 
yaw autopilot, and yaw damper; and elevator, rudder, and aileron. This 
action is intended to address the identified unsafe condition.

DATES: Effective May 8, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 8, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before May 23, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-371-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. 2001-NM-371-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: Rosanne Ryburn, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2139; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness authority for France, notified the 
FAA that an unsafe condition may exist on all Model A319, A320, and 
A321 series airplanes. The DGAC advises that leakage has been found on 
certain parking brake operated valves (PBOVs) on Airbus Model A320 
series airplanes. Those PBOVs have been installed on airplanes in 
production, and as spares on airplanes in service. The leakage may be 
found at one or more of three hydraulic connections or at the vent 
hole. The leakage has been attributed to excessive roughness of the 
piston rod surface leading to wear of the internal seal. This 
condition, if not corrected, could result in loss of the yellow 
hydraulic system including the parking brake accumulator, loss of the 
parking/emergency braking system, and runway overrun when alternate/
emergency braking is needed. The yellow circuit also provides all the 
hydraulics for certain spoilers; elements of the hydraulics for flaps, 
stabilizer, pitch and yaw feel systems, pitch and yaw autopilot, and 
yaw damper; and elevator, rudder, and aileron.

Related Rulemaking

    The FAA has issued or intends to issue similar rulemaking for 
Airbus Model A300 B2 and B4; A300 B4-600, B4-600R, and F4-600R 
(collectively called A300-600); A310; and A330 and A340 series 
airplanes.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-32A1233, dated August 16, 
2001, which describes procedures for identifying the part number and 
serial number of the PBOV. For a PBOV having a certain part and serial 
number, the service bulletin describes procedures for an inspection to 
detect leakage or spray from the vent hole and to detect leakage or 
seepage of any of the three hydraulic connections. The inspection 
includes a test (functional check) of the PBOV. The service bulletin 
recommends repetitive tests if the PBOV passes the test; and repair or 
replacement if the PBOV fails, with repetitive tests if necessary. For 
certain conditions when a replacement spare is unavailable, the service 
bulletin recommends contacting the manufacturer for further action. The 
DGAC classified this service bulletin as mandatory and issued French 
airworthiness directive 2001-384(B), dated September 5, 2001, to 
address this unsafe condition on airplanes operating in France.
    The service bulletin refers to Messier-Bugatti Service Bulletin 
A25315-32-3215 as an additional source of service information for the 
PBOV repair.

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 loss of the 
yellow hydraulic system, which provides all the hydraulics for certain 
spoilers; elements of the hydraulics for flaps, stabilizer, pitch and 
yaw feel systems, pitch and yaw autopilot, and yaw damper; and 
elevator, rudder, and aileron. This AD requires accomplishment of the 
actions specified in the service bulletin described previously, except 
as discussed below.

Difference Between AD and Relevant Service Information

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this AD requires those corrective actions to be 
accomplished in accordance with a method approved by either the FAA or 
the DGAC (or its delegated agent). In light of the type of action 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this AD, corrective action approved by either the 
FAA or the DGAC is acceptable for compliance.

Interim Action

    This is considered to be interim action. The FAA and the DGAC are 
currently considering requiring replacement of all affected PBOVs. 
However, this AD does not require that action, but provides it as 
optional to terminate the repetitive actions required

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by this AD. The planned compliance time for the PBOV replacement is 
sufficiently long so that notice and opportunity for prior public 
comment will be practicable.

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 2001-NM-371-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 adding the following new 
airworthiness directive:

2002-08-13  Airbus Industrie: Amendment 39-12721. Docket 2001-NM-
371-AD.

    Applicability: All Model A319, A320, and A321 series airplanes; 
certificated in any category.

    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 (e) 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 loss of the yellow hydraulic system, which provides 
all the hydraulics for certain spoilers; elements of the hydraulics 
for flaps, stabilizer, pitch and yaw feel systems, pitch and yaw 
autopilot, and yaw damper; and elevator, rudder, and aileron, 
accomplish the following:

Inspection and Functional Check

    (a) Within 7 days after the effective date of this AD, identify 
the part number and serial number of the parking brake operated 
valve (PBOV) to determine whether the PBOV is an affected part, as 
identified by Airbus Service Bulletin A320-32A1233, dated August 16, 
2001.
    (1) If the PBOV is NOT an affected part, no further action is 
required by this AD.
    (2) If the PBOV is an affected part: Except as required by 
paragraph (b) of this AD, prior to further flight, test the PBOV in 
accordance with the service bulletin; and thereafter perform follow-
on and corrective actions (including repetitive tests and repair of 
the PBOV or replacement with a serviceable PBOV) at the time 
specified by and in accordance with the service bulletin, as 
applicable.
    (b) If Airbus Service Bulletin A320-32A1233, dated August 16, 
2001, specifies to contact the manufacturer for corrective action: 
Prior to further flight, perform the corrective action in accordance 
with a method approved by either the Manager, International Branch, 
ANM-116, FAA, Transport Airplane Directorate, or the Direction 
Generale de l'Aviation Civile (DGAC) (or its delegated agent).

Optional Terminating Action

    (c) Replacement of the PBOV with a new, nonaffected PBOV 
terminates the requirements of this AD. Affected PBOVs are 
identified in Airbus Service Bulletin A320-32A1233, dated August 16, 
2001.

Spares

    (d) As of the effective date of this AD, no person may install 
an affected PBOV on any airplane, unless that PBOV is in compliance 
with all applicable requirements of this AD. Affected PBOVs are 
identified by Airbus Service Bulletin A320-32A1233, dated August 16, 
2001.

Alternative Methods of Compliance

    (e) 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. 
Operators

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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.

Special Flight Permits

    (f) 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

    (g) Except as required by paragraph (b) of this AD: The actions 
must be done in accordance with Airbus Service Bulletin A320-
32A1233, including Appendix 01, dated August 16, 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 3: The subject of this AD is addressed in French 
airworthiness directive 2001-384(B), dated September 5, 2001.

Effective Date

    (h) This amendment becomes effective on May 8, 2002.

    Issued in Renton, Washington, on April 12, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-9568 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-13-P