[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Rules and Regulations]
[Pages 53501-53503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22705]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-411-AD; Amendment 39-13297; AD 2003-18-06]
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: Final rule.

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SUMMARY: This amendment adopts a new 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 requires 
installing new anti-swivel plates and weights on the engine fan cowl 
door latches and a new hold-open device. This action 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: Effective October 16, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 16, 2003.

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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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 A319-131 and 
-132; A320-231, -232, and -233; and A321-131 and -231 series airplanes 
was published as a supplemental notice of proposed rulemaking (NPRM) in 
the Federal Register on November 21, 2002 (67 FR 70192). That 
supplemental NPRM proposed to require installing new anti-swivel plates 
and weights on the engine fan cowl door latches and a new hold-open 
device.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. One commenter requests two changes and 
due consideration has been given to the comments received.

Request To Delete Requirement for Installation of Weights/New Anti-
Swivel Plates

    The commenter asks that the proposed AD be changed to delete the 
requirement to install new anti-swivel plates and weights on the engine 
fan cowl door latches. The commenter states that the additional weight 
on the latch handles has not been found to be useful in preventing 
undetected unlatched cowls because airline mechanics typically re-latch 
the latch handle to the hook after opening the engine fan cowl door to 
avoid being hit on the head. If re-latched, the weight on the handle 
acts as a counterweight, and the handle swings into the flush position, 
which causes the handle to appear as stowed and locked.
    The commenter also states that the new anti-swivel plates create a 
clearance problem with the drain lines and are only marginally more 
effective than the older-style anti-swivel plates. The commenter has 
found that the new anti-swivel plates are easily bent if the airline 
mechanic pulls the engine fan cowl door open using the latch handle. 
Once the plates are bent, they tend to hit and damage engine hardware, 
including wire harnesses, fire detectors, and drain lines, creating the 
potential for engine anomalies and in-flight engine shutdowns. 
Furthermore, the commenter states that the new anti-swivel plates 
cannot be installed on earlier model engines because the drain tube 
configuration is different. Prior to

[[Page 53502]]

the installation of the new anti-swivel plates, the engines will have 
to be modified to include the new drain tube configuration, at 
significant cost to the operator.
    The FAA does not concur with the request to delete the requirement 
to install new anti-swivel plates and weights on the engine fan cowl 
door latches. We have determined that, if the latches are not properly 
engaged, the new anti-swivel plates and weights both ensure that the 
latches will hang down farther than they did with the previous latch 
design, thus providing greater visibility of non-engaged latches. In 
addition, even if a mechanic re-latches the latch handle to the hook 
and the latch swings into the flush position during closing, the hold 
open device that is also required by this AD will provide a clear 
indication that the engine fan cowl doors are not closed and latched. 
Furthermore, the new anti-swivel plates prevent the hook from rising 
above the keeper ensuring that the hook and latch hang down if not 
properly engaged. Finally, Airbus has not received any reports of new 
anti-swivel plates that have been bent in production or in-service. We 
do agree that the new anti-swivel plates may create a clearance problem 
at the number 3 latch location on some older airplanes. We have 
coordinated with Airbus and the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile, the airworthiness authority for France, and they are 
aware of the potential clearance problem. Operators may request 
approval of an alternative method of compliance if any interference is 
discovered during accomplishment of this AD. We have not changed this 
final rule regarding this issue.

Request To Remove Concurrent Service Bulletin Referenced in Secondary 
Service Information

    The same commenter asks that International Aero Engines Service 
Bulletin V2500-NAC-71-0227 not be included in this final rule. That 
service bulletin recommends the latch handles of the engine fan cowl 
doors be painted red. The commenter states that the paint is 
susceptible to screwdriver scratches and chips during opening of the 
engine fan cowl doors and is often covered with oil and grease. 
Furthermore, the commenter states that painting the latches would not 
increase the level of safety. The commenter also requests that 
definition be provided as to what percentage of the latch handles 
should be painted red to provide a minimum level of compliance.
    We concur with the commenter. The proposed AD does not require 
operators to do the actions of International Aero Engines Service 
Bulletin V2500-NAC-71-0227. The proposed AD requires accomplishment of 
the actions of Airbus Service Bulletin A320-71-1028, dated March 23, 
2001, which refers to International Aero Engines Service Bulletin 
V2500-NAC-71-0256, dated June 23, 1999, as an additional source of 
service information for accomplishment of the actions. Service Bulletin 
V2500-NAC-71-0256 recommends accomplishment of International Aero 
Engines Service Bulletin V2500-NAC-71-0227 as a concurrent service 
bulletin. It was not our intent to require accomplishment of Service 
Bulletin V2500-NAC-71-0227. Therefore, it is up to the operator to 
determine whether or not to incorporate Service Bulletin V2500-NAC-71-
0227. A new Note 2 has been included in this final rule to clarify that 
accomplishment of Service Bulletin V2500-NAC-71-0227 is not required; 
and all subsequent notes have been renumbered accordingly.

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

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    The FAA estimates that 154 airplanes of U.S. registry will be 
affected by this AD.
    For certain airplanes, it will take approximately 5 work hours per 
airplane to accomplish the modification (i.e., installation of new 
anti-swivel plates and weights), at an average labor rate of $65 per 
work hour. Required parts will cost approximately $1,400 per airplane. 
Based on these figures, the cost impact of the modification required by 
this AD is estimated to be $1,725 per airplane.
    For all airplanes, it will take approximately 3 work hours per 
airplane to accomplish the installation of the hold-open device, at an 
average labor rate of $65 per work hour. Required parts will cost 
approximately $100 per airplane. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $45,430, or $295 
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. 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 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.
    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

[[Page 53503]]

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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-18-06 Airbus: Amendment 39-13297. 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.

    Note 2: Airbus Service Bulletin A320-71-1028 refers to 
International Aero Engines Service Bulletin V2500-NAC-71-0256, dated 
June 23, 1999, as an additional source of service information for 
accomplishment of the required actions. International Aero Engines 
Service Bulletin V2500-NAC-71-0256 recommends that International 
Aero Engines Service Bulletin V2500-NAC-71-0227 be accomplished 
concurrently. This AD does not require accomplishment of 
International Aero Engines Service Bulletin V2500-NAC-71-0227.

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 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

    (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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Airbus Service 
Bulletin A320-71-1028, dated March 23, 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 2001-381(B), dated September 5, 2001.

Effective Date

    (e) This amendment becomes effective on October 16, 2003.

    Issued in Renton, Washington, on August 29, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-22705 Filed 9-10-03; 8:45 am]
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