[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 291-293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-51]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-339-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A319 
and A320 series airplanes, that currently requires repetitive 
inspections to detect cracking and delamination of the containers in 
which the off-wing emergency evacuation slides are stored, and 
corrective actions if necessary. That AD also requires eventual 
modifications of the slides, which terminates the requirement for 
repetitive inspections. This action would remove the currently required 
repetitive inspections, and would require an additional modification of 
the off-wing emergency evacuation slides. The actions specified by the 
proposed AD are intended to prevent the loss of the emergency 
evacuation slides during flight, which could result in damage to the 
fuselage, and to prevent incorrect inflation of the emergency 
evacuation slides, which could result in the emergency exits being 
unusable during an emergency evacuation. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by February 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-339-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-339-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 or 2000 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 2001-NM-339-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-339-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 17, 1999, the FAA issued AD 99-26-22, amendment 39-
11481 (64 FR 72533, December 28, 1999), applicable to certain Airbus 
Model A319 and A320 series airplanes. That AD requires repetitive 
inspections to detect cracking and delamination of the containers in 
which the off-wing emergency evacuation slides are stored, and 
corrective actions if necessary. That AD also requires eventual 
modifications of the slides, which terminates the requirement for 
repetitive inspections. That action was prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The requirements of that AD are intended to 
prevent the loss of the escape slides during flight, which could make 
the emergency exits located over each wing unusable and result in 
damage to the fuselage.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 99-26-22, further evaluation of the 
inspections required by that AD has revealed that the inspections are 
not sufficient to ensure the continued safety of the affected airplane 
fleet. In fact, maintenance actions, such as those associated with the 
required

[[Page 292]]

inspections, may increase the likelihood of loss of the emergency 
evacuation slides during flight, rather than preventing such loss. 
Thus, it has been determined that continued operating safety can best 
be ensured by modification of the off-wing emergency evacuation slides. 
AD 99-26-22 already requires such a modification of the off-wing 
emergency evacuation slides in accordance with Airbus Service Bulletin 
A320-25-1156, Revision 01, dated February 2, 1999. The parallel French 
airworthiness directive provided for that action as optional.
    Also since the issuance of AD 99-26-22, the DGAC has notified us 
that an additional unsafe condition may exist on certain Model A319 and 
A320 series airplanes. The DGAC advises that there have been several 
incidents of incorrect deployment of the overwing emergency evacuation 
slides. These incidents have been attributed to migration of the 
aspirator within the slide pack. This condition, if not corrected, 
could lead to incorrect inflation of the overwing emergency evacuation 
slide, which could result in the emergency exits being unusable during 
an emergency evacuation.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-25-1156, Revision 02, dated 
October 26, 1999. The modification of the off-wing emergency evacuation 
slides described in Revision 02 is essentially the same as that 
described in Revision 01 of the service bulletin, which AD 99-26-22 
refers to as an appropriate source of service information for the 
modification required by that AD. (The procedures for the modification 
include performing an inspection for delamination of the containers and 
container doors of the off-wing emergency evacuation slides, and repair 
of any delamination that is found.) Airbus Service Bulletin A320-25-
1156, Revision 02, refers to Air Cruisers Service Bulletins 004-25-37, 
Revision 02, dated May 29, 1996; and 004-25-42, dated September 16, 
1996; as additional sources of service information for accomplishment 
of the modification of the off-wing emergency evacuation slides.
    Airbus also has issued Service Bulletin A320-25-1265, dated June 6, 
2001, which describes procedures for another modification of the 
emergency evacuation slides. This modification involves installing:
    [sbull] A standoff and a new lacing cover to prevent the aspirator 
of the off-wing emergency evacuation slide from migrating.
    [sbull] A valve protector to prevent the aspirator of the off-wing 
emergency evacuation slide from hanging up.
    [sbull] An in-line check valve to prevent pressurized cabin air 
from leaking into the packed inflatable slide assembly via the remote 
inflation system mounted in the cargo hold of the airplane.
    Airbus Service Bulletin A320-25-1265 refers to Air Cruisers Service 
Bulletin 004-25-48, Revision 3, dated August 3, 2001, as an additional 
source of service information for modification and re-identification of 
the evacuation slides.
    The DGAC classified Airbus Service Bulletins A320-25-1156, Revision 
02, and A320-25-1265 as mandatory and issued French airworthiness 
directive 2001-380(B), dated September 5, 2001, to ensure the continued 
airworthiness of these airplanes in France.

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 supersede AD 99-26-22 to 
continue to require a modification of the off-wing emergency evacuation 
slides. This proposed AD would remove the currently required repetitive 
inspections, and require an additional modification of the off-wing 
emergency evacuation slides. The actions would be required to be 
accomplished in accordance with Airbus Service Bulletins A320-25-1156, 
Revision 02, and A320-25-1265.

Cost Impact

    The modification per Airbus Service Bulletin A320-25-1156, Revision 
02, is currently required by AD 99-26-22, which is applicable to 
approximately 121 airplanes of U.S. registry. This modification takes 
approximately 3 work hours per airplane to accomplish (not including 
time for gaining access and closing up), at an average labor rate of 
$65 per work hour. The cost of required parts is now approximately $679 
per airplane. Based on these figures, the cost impact of this current 
requirement is estimated to be $105,754, or $874 per airplane.
    The new requirements of this proposed AD would affect approximately 
435 airplanes of U.S. registry.
    The new actions that are proposed in this AD action would take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would cost 
approximately $80 per airplane. Based on these figures, the cost impact 
of this new proposed requirement is estimated to be $119,625, or $275 
per airplane.
    The cost impact figures discussed above are 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. 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.

[[Page 293]]

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 removing amendment 39-11481 (64 FR 
72533, December 28, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2001-NM-339-AD. Supersedes AD 99-26-22, Amendment 39-
11481.
    Applicability: Model A319 and A320 series airplanes, 
certificated in any category; except airplanes that have Airbus 
Modifications 24850 and 25844 and 27275 installed in production; or 
that have Airbus Service Bulletin A320-25-1156, Revision 01, dated 
February 2, 1999; or Revision 02, dated October 26, 1999; and Airbus 
Service Bulletin A320-25-1265, dated June 6, 2001; accomplished.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the loss of the emergency evacuation slides during 
flight, which could result in damage to the fuselage, and to prevent 
incorrect inflation of the emergency evacuation slides, which could 
result in the emergency exits being unusable during an emergency 
evacuation, accomplish the following:

Restatement of Requirements of AD 99-26-22

Terminating Modification

    (a) For airplanes on which Airbus Modifications 24850 and 25844; 
or Airbus Service Bulletin A320-25-1156, Revision 01, dated February 
2, 1999, or Revision 02, dated October 26, 1999; have not been 
accomplished: Within 5 years after February 1, 2000, modify the off-
wing emergency evacuation slides (i.e., modifications, inspection, 
repair, and repacking) in accordance with Airbus Service Bulletin 
A320-25-1156, Revision 01, dated February 2, 1999; or Revision 02, 
dated October 26, 1999. After the effective date of this AD, only 
Revision 02 may be used.

    Note 1: Airbus Service Bulletin A320-25-1156, Revision 01, dated 
February 2, 1999; and Revision 02, dated October 26, 1999; refer to 
Air Cruisers Service Bulletins 004-25-37, Revision 2, dated May 29, 
1996, and 004-25-42, dated September 16, 1996, as additional sources 
of service information for accomplishment of the modification of the 
off-wing escape slides.

New Requirements of This AD

    (b) For airplanes listed in Airbus Service Bulletin A320-25-
1265, dated June 6, 2001: Within 3 years after the effective date of 
this AD, modify the left and right off-wing emergency evacuation 
slides in accordance with the Accomplishment Instructions of that 
service bulletin.

    Note 2: Airbus Service Bulletin A320-25-1265, dated June 6, 
2001, refers to Air Cruisers Service Bulletins 004-25-48, Revision 
3, dated August 3, 2001, as an additional source of service 
information for accomplishment of the modification of the off-wing 
emergency evacuation slides.

Spares

    (c) As of the effective date of this AD, no person may install, 
on any airplane, an off-wing emergency evacuation slide having part 
number D31865-101, -102, -103, -104, -105, -106, -107, or -108.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2001-380(B), dated September 5, 2001.



    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-51 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P