[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Proposed Rules]
[Pages 70210-70213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31065]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-239-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD), applicable to certain Airbus Model A319, A320, and A321 
series airplanes. The proposed AD would require checking the 
identification plate on the ram air turbine (RAT) actuator and re-
identifying the actuator or replacing the actuator with one which has 
been cleaned and tested by its manufacturer. This proposal is prompted 
by issuance of mandatory continuing airworthiness information by a 
foreign civil airworthiness authority. The actions specified by the 
proposed AD are intended to prevent jamming of the RAT actuator in an 
emergency which requires deployment of the RAT, and consequent loss of 
hydraulic and electrical power in the airplane.

DATES: Comments must be received by January 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-239-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. 2001-NM-239-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must

[[Page 70211]]

be formatted in Microsoft Word 97 for Windows or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus, 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; 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 No. 2001-NM-239-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. 2001-NM-239-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on certain Airbus Model A319, A320, and 
A321 series airplanes. The DGAC advises that, during a test of an ram 
air turbine (RAT) on the final assembly line, the RAT did not deploy 
due to contamination of the RAT actuator by machining chips. This 
condition, if not corrected, could result in jamming of the RAT 
actuator in an emergency which requires deployment of the RAT, and 
consequent loss of hydraulic and electrical power in the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-29-1098, Revision 02, dated 
February 20, 2003, which describes procedures for the following steps:
    (1) Extending the RAT actuator to check the part number, the serial 
number, and the notations on the Amend Block of the identification 
plate;
    (2) Re-identifying certain RAT actuators; and
    (3) Sending certain RAT actuators back to their manufacturer 
(Arkwin Industries, Inc.) and replacing them with RAT actuators which 
have been cleaned and re-identified by the manufacturer.
    Airbus Service Bulletin A320-29-1098, Revision 02, dated February 
20, 2003, refers to Hamilton Sundstrand/Arkwin Industries Service 
Bulletin ERPS08A-29-2, dated February 22, 2001, as a secondary source 
of service information for these actions.
    The DGAC classified Airbus Service Bulletin A320-29-1098, Revision 
02, dated February 20, 2003, as mandatory. On December 24, 2002, the 
DGAC issued French airworthiness directive 2001-236(B) R1 in order to 
assure the continued airworthiness of these airplanes in France.

Related Rulemaking

    For Airbus Models A319 and A321 series airplanes, Airbus Service 
Bulletin A320-29-1098, Revision 02, dated February 20, 2003, specifies 
that there is to be prior or concurrent accomplishment of Airbus 
Service Bulletin A320-29-1088. Accomplishment of that service bulletin 
is required by AD 2000-05-08, amendment 39-11617 (65 FR 12080, March 8, 
2000).

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 Proposed 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, the proposed AD would require checking the 
identification plate on the RAT actuator and re-identifying the 
actuator or replacing it with one which has been cleaned, tested and 
re-identified by its manufacturer. The actions would be required to be 
accomplished in accordance with Airbus Service Bulletin A320-29-1098, 
Revision 02, dated February 20, 2003, and Hamilton Sundstrand/Arkwin 
Industries Service Bulletin ERPS08A-29-2, dated February 22, 2001.

Cost Impact

    There are approximately 195 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The actions that are proposed in this AD action would take a 
maximum of 5 work hours per airplane to accomplish, at an average labor 
rate of $65 per work hour. There would be no cost for required parts. 
Based on these figures, the cost impact of the proposed requirements of 
this AD on U.S. operators is estimated to be $63,375 or $325 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the current or 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.

[[Page 70212]]

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 a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2001-NM-239-AD.

    Applicability: Model A320 series airplanes which have received 
modification 27189, Model A319 series airplanes; and Model A321 
series airplanes, provided that none has received modification 30978 
or 28413; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent jamming of the ram air turbine (RAT) actuator in an 
emergency which requires deployment of the RAT, and consequent loss 
of hydraulic and electrical power in the airplane, accomplish the 
following:

Extension of RAT Actuator

    (a) Within 31 months after the effective date of this AD: Extend 
the existing RAT actuator, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-29-1098, Revision 02, 
dated February 20, 2003.

Determination of Identification of RAT Actuator

    (b) Immediately after accomplishment of paragraph (a) of this 
AD: Check the identification plate on the RAT actuator to determine 
the part number (P/N), the serial number, and whether there is a 
notation in the Amend Block, in accordance with the Accomplishment 
Instructions of Hamilton Sundstrand/ Arkwin Industries Service 
Bulletin ERPS08A-29-2, dated February 22, 2001.

Retraction, Re-identification, or Replacement of RAT Actuator

    (c) Depending upon the identification of the RAT actuator, 
accomplish the follow-on action indicated in Table 1 of this AD, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-29-1098, Revision No. 02, dated February 20, 2003.

                                           Table-1.--Follow-on Actions
----------------------------------------------------------------------------------------------------------------
                                        And the Amend Block is   And the serial number
           If the P/N is--              marked with an ``A''--            is--                    Then--
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764711A..............................  N/A....................  N/A....................  No further action is
                                                                                          required.
764711...............................  No.....................  N/A....................  Prior to further
                                                                                          flight, remove the RAT
                                                                                          actuator and replace
                                                                                          it with one which has
                                                                                          been cleaned, tested
                                                                                          and re-identified by
                                                                                          its manufacturer.
764711...............................  Yes....................  0868-0889..............  Prior to further
                                                                                          flight, remove the RAT
                                                                                          actuator and replace
                                                                                          it with one which has
                                                                                          been cleaned, tested
                                                                                          and re-identified by
                                                                                          its manufacturer.
764711...............................  Yes....................  Other than 0868-0889...  Prior to further
                                                                                          flight, re-identify
                                                                                          the RAT actuator, in
                                                                                          accordance with
                                                                                          paragraph 2.G. of the
                                                                                          Accomplishment
                                                                                          Instructions of
                                                                                          Hamilton Sundstrand/
                                                                                          Arkwin Industries
                                                                                          Service Bulletin
                                                                                          ERPS08A-29-2, dated
                                                                                          February 22, 2001.
----------------------------------------------------------------------------------------------------------------


[[Page 70213]]

Parts Installation

    (d) As of the effective date of this AD: No person may install 
an Arkwin Industries RAT actuator having P/N 764711 on any Airbus 
Model A319, A320, or A321 airplane, unless it is in compliance with 
this AD.

    Note 1: The subject of this AD is addressed in French 
airworthiness directive 2001-236(B) R1, dated December 24, 2002.


    Issued in Renton, Washington, on December 5, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certificiation 
Service.
[FR Doc. 03-31065 Filed 12-16-03; 8:45 am]
BILLING CODE 4910-13-P