[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Proposed Rules]
[Pages 34096-34098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13867]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-257-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) that is applicable to certain Airbus Model A319, A320, 
and A321 series airplanes. This proposal would require replacement of 
the lightweight tailpipes of the auxiliary power units (APU). This 
action is necessary to prevent stress cracking of the tailpipe inner 
liner from possibly causing the tailpipe to become separated from the 
APU during operation, which could pose a hazard to persons on the 
ground. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by July 19, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-257-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-257-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: Gary Lium, Aerospace Engineer; 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; 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-257-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-257-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 stress cracking stemming 
from design issues has been discovered in the inner liners of the 
lightweight tailpipes of certain auxiliary power units (APU). This 
condition, if not corrected, could result in the tailpipe becoming 
separated from the APU during operation, which could pose a hazard to 
persons on the ground.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-49-1057, dated June 2, 
1999, which describes procedures for replacing the lightweight tailpipe 
of the APU with a new or modified tailpipe.

[[Page 34097]]

Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
DGAC classified this service bulletin as mandatory and issued French 
airworthiness directive 2002-456(B), dated September 4, 2002, to ensure 
the continued airworthiness of these airplanes in France.
    Operators should note that Service Bulletin A320-49-1057 refers to 
APIC Service Bulletin 4500002-49-72, Revision 1, dated November 20, 
1998, as an additional source of service information for replacing the 
tailpipe.

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 accomplishment of 
the actions specified in the Airbus service bulletin described 
previously, except as discussed below.

Difference Between the French Airworthiness Directive and This Proposed 
AD

    The applicability of French airworthiness directive 2002-456(B), 
dated September 4, 2002, excludes airplanes on which Airbus Service 
Bulletin A320-49-1057, dated June 02, 1999, was done in service. 
However, we have not excluded those airplanes in the applicability of 
this proposed AD; rather, this proposed AD includes a requirement to 
accomplish the actions specified in that service bulletin. Such a 
requirement would ensure that the actions specified in the service 
bulletin and required by this proposed AD are accomplished on all 
affected airplanes. Operators must continue to operate the airplane in 
the configuration required by this proposed AD unless an alternative 
method of compliance is approved.

Cost Impact

    The FAA estimates that 576 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $11,300 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$6,583,680, or $11,430 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 adding the following new 
airworthiness directive:

Airbus: Docket 2002-NM-257-AD.

    Applicability: Model A319, A320, and A321 series airplanes; 
certificated in any category; fitted with Auxiliary Power 
International Corporation (APIC) auxiliary power unit (APU) APIC 
APS3200 having part number (P/N) 4500001 and a serial number between 
1065 and 1451 inclusive, or having P/N 4500001 that has been 
modified per APIC Service Bulletin 4500001-49-13; excluding those 
airplanes equipped with an APU on which Airbus Modification 28155 
has been embodied in production.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking of the inner liner of the lightweight 
tailpipe of the APU, which could result in the tailpipe possibly 
becoming separated from the APU during operation, which could pose a 
hazard to persons on the ground, accomplish the following:

Replacement

    (a) Within 9 months after the effective date of this AD, replace 
the existing lightweight tailpipe of the APU with a new or modified 
tailpipe, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-49-1057, dated June 2, 1999.

    Note 1: Airbus Service Bulletin A320-49-1057, dated June 2, 
1999, refers to APIC Service Bulletin 4500002-49-72, Revision 1, 
dated November 20, 1998, as an additional source of service 
information.

Part Installation

    (b) As of the effective date of this AD, no person may install 
on any airplane an APIC APS3200 APU having P/N 4500001 unless the 
APU has been modified in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-49-1057, dated June 2, 
1999.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2002-456(B), dated September 4, 2002.



[[Page 34098]]


    Issued in Renton, Washington, on June 9, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13867 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-13-P