[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Proposed Rules]
[Pages 3535-3538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1563]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-163-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).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Airbus Model A319, 
A320, and A321 series airplanes. That AD currently 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. That AD also provides for an optional terminating action for 
the requirements of that AD. This new action would mandate the optional 
terminating action, which would terminate the inspection requirements 
of the previous AD. The actions specified by the proposed AD are 
intended to prevent leakage of hydraulic fluid from the PBOV, which 
could cause the loss of the parking brake accumulator, and render the 
alternate braking system and the parking/emergency braking system 
inoperative, as well as the loss of function of the yellow hydraulic 
system (which provides all or part of the hydraulics for

[[Page 3536]]

the elevator, rudder, aileron, flaps, stabilizer, yaw damper, pitch and 
yaw feel systems and autopilot, and certain spoilers).

DATES: Comments must be received by February 25, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-163-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. 2002-NM-163-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, 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:
     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 proposed 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 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 2002-NM-163-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. 2002-NM-163-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 12, 2002, the FAA issued AD 2002-08-13, amendment 39-12721 
(67 FR 19652, April 23, 2002); applicable to all Airbus Model A319, 
A320, and A321 series airplanes; to require 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. AD 2002-08-13 also 
provides for optional terminating action for the requirements of that 
AD. That action was prompted by reports of PBOV leakage of hydraulic 
fluid on certain Airbus Model A320 series airplanes. The requirements 
of that AD are intended to prevent loss of the yellow hydraulic system, 
which provides all or part of the hydraulics for the elevator, rudder, 
aileron, flaps, stabilizer, yaw damper, pitch and yaw feel systems and 
autopilot, and certain spoilers.
    In the preamble to AD 2002-08-13, the FAA indicated that the 
actions required by that AD were considered ``interim action'' and that 
further rulemaking action was being considered. The FAA now has 
determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-32A1233, Revision 01, dated 
October 1, 2001, which describes procedures for identifying the part 
number and serial number of the PBOV. (The existing AD refers to the 
original issue of that service bulletin, dated August 16, 2001, as the 
acceptable source of service information for the required actions.) For 
a PBOV having a certain part and serial number, the service bulletin 
describes procedures for an inspection to detect leakage or spray of 
hydraulic fluid 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. 
This service bulletin also describes procedures for the repair or 
replacement of all affected PBOVs. The service bulletin refers to 
Messier-Bugatti Service Bulletin A25315-32-3215 as an additional source 
of service information for the PBOV repair.
    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, classified this 
service bulletin as mandatory and issued French airworthiness directive 
2001-384(B) R1, dated March 20, 2002, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Conclusions

    These airplane models are manufactured in France and is 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. We have 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

[[Page 3537]]

type design registered in the United States, this proposed AD would 
supersede AD 2002-08-13 to continue to require identification of the 
part number and serial number of the PBOV, an inspection to detect 
leakage or spray of hydraulic fluid from the vent hole, and to detect 
leakage or seepage of any of the three hydraulic connections, if 
necessary; repetitive tests if the PBOV passes the test; and repair or 
replacement if the PBOV fails, with repetitive tests if necessary. This 
proposed AD would require repair or replacement of all affected PBOV 
valves, which would constitute terminating action for the inspection 
requirements of the AD. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously, except as discussed below.

Differences Between Proposed Rule and Referenced Service Bulletin

    Operators should note that although the service bulletin specifies 
to submit certain information to the manufacturer, this proposed AD 
does not include such a requirement.
    Operators should also 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 either by 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.

Changes to 14 CFR Part 39/Effect on the Proposed 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. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD; therefore, 
paragraph (f) and Note 1 of AD 2002-08-13 are not included in this 
proposed AD. However, this proposed AD identifies the office authorized 
to approve alternative methods of compliance.

Cost Impact

    There are approximately 333 airplanes of U.S. registry that would 
be affected by this proposed AD. The new requirements of this AD add no 
additional economic burden. The current costs for this AD are as 
follows:
    The actions that are currently required by AD 2002-08-13, and that 
are also required by the proposed AD, take approximately 2 work hours 
per airplane to accomplish, at an average labor rate of $65 per work 
hour. Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $43,290 or $130 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. 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 removing amendment 39-12721 (67 FR 
19652, April 23, 2002), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: Docket 2002-NM-163-AD. Supersedes AD 2002-08-13, Amendment 
39-12721.

    Applicability: All Model A319, A320, and A321 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent leakage of hydraulic fluid from the parking brake 
operated valve (PBOV), which could cause the loss of the parking 
brake accumulator, and render the alternate braking system and the 
parking/emergency braking system inoperative, as well as causing the 
loss of function of the yellow hydraulic system (which provides all 
or part of the hydraulics for the elevator, rudder, aileron, flaps, 
stabilizer, yaw damper, pitch and yaw feel systems and autopilot, 
and certain spoilers); accomplish the following:

Restatement of Requirements of AD 2002-08-13

Inspection and Functional Check

    (a) Within 7 days after May 8, 2002 (the effective date of AD 
2002-08-13, amendment 39-12721), identify the part number and serial 
number of the PBOV to determine whether the PBOV is an affected 
part, as identified by Airbus Service Bulletin A320-32A1233, dated 
August 16, 2001; or Revision 01, dated October 1, 2001.
    (1) If the PBOV is NOT an affected part: No further action is 
required by this paragraph.
    (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; or Revision 01, dated October 1, 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 G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC) (or its delegated agent).

[[Page 3538]]

Optional Terminating Action

    (c) Replacement of the PBOV with a new, non-affected PBOV 
terminates the requirements of this AD. Affected PBOVs are 
identified in Airbus Service Bulletin A320-32A1233, dated August 16, 
2001; or Revision 01, dated October 1, 2001.

Parts Installation

    (d) As of May 8, 2002 (the effective date of AD 2002-08-13), 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; or Revision 01, dated October 1, 
2001.

New Requirements of This AD

Repair or Replace

    (e) Within 9 months after the effective date of this AD, repair 
or replace all the PBOVs identified during the inspection required 
by paragraph (a) of this AD as having part number A25315-1, and 
having a serial number between H2372 and H2989 inclusive, that are 
not identified with the letter ``V'' or ``VF+E.'' Repair or replace 
the PBOVs in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-32A1233, Revision 01, dated October 1, 
2001.

    Note 1: The service bulletin refers to Messier-Bugatti Service 
Bulletin A25315-32-3215 as an additional source of service 
information for the PBOV repair or replacement.

Terminating Action

    (f) Repair or replacement of the PBOV per paragraph (e) of this 
AD terminates the requirements of this AD.

Actions Done per Previous Issue of Service Bulletin

    (g) Repairs or replacements done before the effective date of 
this AD in accordance with Airbus Service Bulletin A320-32A1233, 
dated August 16, 2001, are considered acceptable for compliance with 
the applicable actions specified in this AD.

Alternative Methods of Compliance

    (h)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, is authorized to approve alternative 
methods of compliance for this AD.
    (2) Alternative methods of compliance, approved previously per 
AD 2002-08-13, amendment 39-12721, are approved as alternative 
methods of compliance with this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2001-384(B) R1, dated March 20, 2002.


    Issued in Renton, Washington, on January 14, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1563 Filed 1-23-04; 8:45 am]
BILLING CODE 4910-13-P