[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Rules and Regulations]
[Pages 23095-23097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9379]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-163-AD; Amendment 39-13595; AD 2004-09-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

[[Page 23096]]


ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 mandates the previously optional terminating action, which 
terminates the inspection requirements of the previous AD. The actions 
specified by this 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 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).

DATES: Effective June 2, 2004.
    The incorporation by reference of Airbus Service Bulletin A320-
32A1233, Revision 01, excluding Appendix 01, dated October 1, 2001, as 
listed in the regulations, is approved by the Director of the Federal 
Register as of June 2, 2004.
    The incorporation by reference of Airbus Service Bulletin A320-
32A1233, including Appendix 01, dated August 16, 2001, as listed in the 
regulations, was approved previously by the Director of the Federal 
Register as of May 8, 2002 (67 FR 19652, April 23, 2002).

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2002-08-13, 
amendment 39-12721 (67 FR 19652, April 23, 2002), which is applicable 
to all Airbus Model A319, A320, and A321 series airplanes, was 
published in the Federal Register on January 26, 2004 (69 FR 3535). The 
action proposed to continue 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. The action also 
proposed to mandate the optional terminating action, which would 
terminate the inspection requirements of the previous AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request To Change Applicability

    One commenter, the manufacturer, requests that the FAA change the 
applicability statement to designate the part number and serial numbers 
of the affected PBOV(s). The commenter states no rationale for its 
request.
    We do not agree that the change requested by the commenter is 
necessary. The applicability of this AD (``All Model A319, A320, and 
A321 series airplanes, certificated in any category'') is identical to 
that in AD 2002-08-13. This AD restates certain requirements of that 
AD, including the requirement to identify the part number and serial 
number of the PBOV to determine whether the PBOV is affected. Since 
this action is restated in this AD, it would be redundant to state the 
part number and serial numbers of the affected PBOV(s) in the 
applicability statement. Also, the requirement in paragraph (e) of this 
new AD specifies repair or replacement of PBOVs having the affected 
part number and serial numbers. We find no justification to alter the 
requirements of this AD. Therefore, we have not changed the final rule 
in this matter.

Changes Made to This Final Rule

    Operators should note that Airbus Service Bulletin A320-32A1233, 
including Appendix 01, dated August 16, 2001, listed in paragraph (a) 
of this AD, was previously incorporated by reference in AD 2002-08-13, 
amendment 39-12721 (67 FR 19652, April 23, 2002). The citation for that 
service bulletin ``included'' Appendix 01, which consisted of an 
inspection report. According to the Office of the Federal Register's 
guidelines for materials previously incorporated by reference, we must 
restate the document citation exactly as it appeared in the original 
incorporation. However, it was not our intent to require accomplishment 
of that report.
    Operators should note that we have added new paragraph (h) to this 
final rule (and reidentified subsequent paragraphs) to clarify that 
submission of the inspection report contained in Appendix 01 of the 
referenced service bulletins is not required.

Conclusion

    After careful review of the available data, including the comment 
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.

Cost Impact

    There are approximately 333 airplanes of U.S. registry that will be 
affected by this 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 this 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 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

[[Page 23097]]

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 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 removing amendment 39-12721 (67 FR 
19652, April 23, 2002), and by adding a new airworthiness directive 
(AD), amendment 39-13595, to read as follows:

2004-09-06 Airbus: Amendment 39-13595, 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).

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, Revision 1, dated November 26, 2001, 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.

No Reporting Requirement

    (h) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include such a requirement.

Alternative Methods of Compliance

    (i)(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.

Incorporation by Reference

    (j) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A320-32A1233, 
including Appendix 01, dated August 16, 2001; or Airbus Service 
Bulletin A320-32A1233, Revision 01, excluding Appendix 01, dated 
October 1, 2001; as applicable.
    (1) The incorporation by reference of Airbus Service Bulletin 
A320-32A1233, Revision 01, excluding Appendix 01, dated October 1, 
2001; is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Airbus Service Bulletin 
A320-32A1233, including Appendix 01, dated August 16, 2001; was 
approved previously by the Director of the Federal Register as of 
May 8, 2002 (67 FR 19652, April 23, 2002).
    (3) Copies may be obtained from Airbus, 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 2: The subject of this AD is addressed in French 
airworthiness directive 2001-384(B) R1, dated March 20, 2002.

Effective Date

    (k) This amendment becomes effective on June 2, 2004.

    Issued in Renton, Washington, on April 16, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9379 Filed 4-27-04; 8:45 am]
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