[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Proposed Rules]
[Pages 70192-70193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29679]



[[Page 70192]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-411-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-131 and -132; A320-
231, -232, and -233; and A321-131 and -231 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Airbus Model A319-131 and -132; 
A320-231, -232, and -233; and A321-131 and -231 series airplanes, that 
would have required installing new anti-swivel plates and weights on 
the engine fan cowl door latches. This new action revises the proposed 
rule by adding airplanes to the applicability and a requirement to 
install a new hold-open device. This action specified by this new 
proposed AD is necessary to prevent separation of the engine fan cowl 
door from the airplane in flight, which could result in damage to the 
airplane and hazards to persons or property on the ground. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by December 16, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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. 2000-NM-411-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 the proposed rule 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.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-411-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Airbus Model A319-131 and ``132; A320-231, -232, and ``233; and 
A321-131 and -231 series airplanes, was published as a notice of 
proposed rulemaking (NPRM) in the Federal Register on September 4, 2001 
(66 FR 46246). That NPRM would have required installing new anti-swivel 
plates and weights on the engine fan cowl door latches. That NPRM was 
prompted by several incidents in which the fan cowl door on an 
International Aero Engine Model V2500 engine separated from the 
airplane during takeoff because the door was not fully latched prior to 
dispatch. That condition, if not corrected, could result in damage to 
the airplane and hazards to persons or property on the ground.

Actions Since Issuance of Previous Proposal

    Due consideration has been given to the comment received in 
response to the NPRM:
    One commenter requests that the NPRM be revised to mandate Airbus 
Service Bulletin A320-71-1028, dated March 23, 2001, and to update the 
applicability, as specified in French airworthiness directive, 2001-
381(B), dated September 5, 2001. The commenter states that French 
airworthiness directive 2001-381(B) supersedes French airworthiness 
directive 2000-444-156(B), dated October 31, 2000, which was referenced 
in the NPRM.
    The FAA agrees. Since the issuance of the NPRM, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, issued French airworthiness 
directive 2001-381(B) to introduce an additional fan cowl latch 
improvement by installing a hold-open device and to revise the service 
information referenced in the applicability. That French airworthiness 
directive cancels French airworthiness directive 2000-444-156(B), which 
was referenced in the original NPRM.
    In addition, Airbus has issued Service Bulletin A320-71-1028, dated 
March 23, 2001, which describes procedures for modification of the door 
latches of the fan cowl of both engines (i.e., installation of new 
anti-swivel plates and weights), and installation of a new hold-open 
device; as applicable. Accomplishment of the actions specified in the 
service bulletin is

[[Page 70193]]

intended to adequately address the identified unsafe condition.
    The DGAC classified this service bulletin as mandatory and issued 
French airworthiness directive 2001-381(B) in order to assure the 
continued airworthiness of these airplanes in France. Therefore, we 
have revised this supplemental NPRM to parallel that French 
airworthiness directive.

Conclusion

    Since these changes expand the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Cost Impact

    The FAA estimates that 154 airplanes of U.S. registry would be 
affected by this proposed AD.
    For certain airplanes, it would take approximately 5 work hours per 
airplane to accomplish the proposed modification (i.e., installation of 
new anti-swivel plates and weights), and that the average labor rate is 
$60 per work hour. Required parts would cost approximately $1,400 per 
airplane. Based on these figures, the cost impact of the modification 
proposed by this AD on U.S. operators is estimated to be $1,700 per 
airplane.
    For all airplanes, it would take approximately 3 work hours per 
airplane to accomplish the proposed installation of the hold-open 
device, and that the average labor rate is $60 per work hour. Required 
parts would cost approximately $100 per airplane. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $43,120, or $280 per airplane.
    The cost impact figures discussed above are 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. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Airbus: Docket 2000-NM-411-AD.

    Applicability: Model A319-131 and -132; A320-231, -232, and -
233; and A321-131 and -231 series airplanes; certificated in any 
category; except those airplanes on which the following have been 
incorporated: Airbus Modifications 21948/P6222 and 30869 in 
production; Airbus Modifications 24259/P6222 and 30869 in 
production; Airbus Modifications 24259/P6222 and 24259/P6473 in 
production; or Airbus Service Bulletin A320-71-1028, dated March 23, 
2001, in-service.

    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 separation of the engine fan cowl door from the 
airplane in flight, which could result in damage to the airplane and 
hazards to persons or property on the ground, accomplish the 
following:

Modification and/or Installation

    (a) Within 18 months after the effective date of this AD, do the 
action(s) specified in paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For Configuration 01 airplanes identified in Airbus Service 
Bulletin A320-71-1028, dated March 23, 2001: Modify the door latches 
of the fan cowl of both engines (i.e., installation of new anti-
swivel plates and weights), and install a new hold-open device, per 
the service bulletin.
    (2) For Configuration 02 airplanes identified in Airbus Service 
Bulletin A320-71-1028, dated March 23, 2001: Install a new hold-open 
device per the service bulletin.

Alternative Method Of Compliance

    (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. 
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.

Special Flight Permits

    (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.


    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2001-381(B), dated September 5, 2001.


    Issued in Renton, Washington, on November 15, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-29679 Filed 11-20-02; 8:45 am]
BILLING CODE 4910-13-P