[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42858-42860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-201-AD; Amendment 39-13732; AD 2004-14-23]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-111, -112, -113, and 
-114; A320-111, -211, -212, and -214; and A321-111, -112, and -211 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A319, A320, and A321 series 
airplanes, that requires a one-time inspection to identify the serial 
number of the actuator of the thrust reverser blocker door, and 
corrective action if necessary. This action is necessary to prevent 
inadvertent deployment of the thrust reverser door, which could result 
in reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective August 23, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 23, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Rohr, Inc., 850 Lagoon Drive, Chula Vista, California 
91910-2098. 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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_-register/code--of--federal--regulations/ibr--
locations.html.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: We proposed to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A319, A320, 
and A321 series airplanes. That proposed AD was published in the 
Federal Register on March 11, 2004 (69 FR 11547). That action proposed 
to require a one-time inspection to identify the serial number of the 
actuator of the thrust reverser blocker door, and corrective action if 
necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. We have given due consideration to the 
comments received.

Support for the Proposed AD

    The manufacturer concurs with the content of the proposed AD. The 
Air Transport Association (ATA) of America, on behalf of its members, 
reports that the members generally support the intent of the 
rulemaking.

Request to Revise Proposed Requirements

    One commenter suggests that the proposed AD be revised to 
reidentify the part number of the suspect actuators after rework, to 
help ensure compliance with the AD. Rohr CFM56-5A/-5B Service Bulletin 
RA32078-112, described in the proposed AD, specifies marking the label 
plate of the actuator with the numeral ``2'' to indicate completion of 
the actions in the service bulletin. The commenter, however, finds this 
a vague and confusing way to track compliance with an AD. The commenter 
adds that, in most cases, compliance with an AD involves changing the 
part number of the component in question.
    We disagree with the request. We find that the addition of the 
numeral ``2'' to the label plate will adequately distinguish affected 
and reworked parts. No change is necessary to the final rule in this 
regard.

Request to Revise Compliance Time

    This same commenter (an operator) requests that the proposed AD be 
revised to allow 100 flight hours to replace any discrepant actuator. 
(The proposed AD would require replacement before further flight.) 
According to the commenter, requiring immediate replacement would 
result in a limited number of airplanes that could be inspected at one 
time and a limited number of maintenance stations available to do the 
work, whereas the requested extension of time would allow operators to 
inspect multiple airplanes at multiple maintenance stations 
simultaneously. The commenter reports that the spare actuators are 
typically available at only one or two maintenance stations. The 
commenter states that, in light of the proposed compliance time to 
inspect (up to 7,000 flight cycles since the last overhaul), an 
additional 100 flight hours to replace the actuator would not adversely 
affect safety. (The commenter does not provide further support for the 
previous statement.)
    We do not agree with the commenter's request to allow temporary 
flight with known discrepant actuators--without interim measures in 
place to ensure the continued operational safety of these airplanes. As 
a matter of law, to be airworthy an airplane must be in a condition for 
safe operation. Immediate replacement of a discrepant actuator is 
therefore required to correct the unsafe condition and ensure that the 
airplane is operated in an airworthy condition, as required by the 
Federal Aviation Regulations. The compliance time for the inspection 
specified in paragraph (b) of this AD should allow operators ample time 
to schedule both the inspection and any necessary corrective action at

[[Page 42859]]

the same time. The proposed AD, issued in March 2004, advised affected 
operators of our plans to require the inspections and corrective 
action; the service bulletin cited in that NPRM has been available 
since February 2002. Therefore, we find that operators have had 
sufficient time to incorporate the required and conditional actions 
into their individual maintenance plans. However, according to the 
provisions of paragraph (e) in this final rule, we might approve 
requests to allow flight for an interim period if the request includes 
data or interim procedures that would ensure that an acceptable level 
of safety would be maintained. We have not changed the final rule 
regarding this issue.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 551 airplanes of U.S. registry will be affected by 
this AD. It will take about 4 work hours per airplane to identify the 
actuator part numbers, at an average labor rate of $65 per work hour. 
Based on these figures, the cost impact of this AD on U.S. operators is 
estimated to be $143,260, or $260 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 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 adding the following new airworthiness 
directive:

2004-14-23 Airbus: Amendment 39-13732. Docket 2002-NM-201-AD.

    Applicability: Model A319-111, -112, -113, and -114; A320-111, -
211, -212, and -214; and A321-111, -112, and -211 series airplanes; 
certificated in any category; powered by CFM56-5A or -5B engines 
having any thrust reverser blocker door actuator part number 
D23090000-6.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inadvertent deployment of the thrust reverser door, 
which could result in reduced controllability of the airplane, 
accomplish the following:

Repair History

    (a) If, from a review of the maintenance records, it can be 
positively determined that the thrust reverser blocker door actuator 
was never overhauled by ``TRW--Lucas Repair Center--Englewood, New 
Jersey,'' then no further work is required by this AD.

Inspection

    (b) Before the actuator of the thrust reverser blocker door 
accumulates 7,000 total flight cycles since its last overhaul, or 
within 500 flight hours after the effective date of this AD, 
whichever occurs later: Do a general visual inspection to identify 
the part number and serial number of the actuator, in accordance 
with Rohr CFM56-5A/-5B Service Bulletin RA32078-112, Revision 1, 
dated February 6, 2002. Look for affected serial numbers as listed 
in paragraph 1.A(1) of the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If no affected serial number is found, no more work is 
required by this paragraph.
    (2) If any affected serial number is found: Before further 
flight after doing the inspection required by paragraph (b) of this 
AD, replace the affected actuator with a new or reworked part in 
accordance with the service bulletin.
    (c) An inspection and rework done before the effective date of 
this AD in accordance with Rohr CFM56-5A/-5B Service Bulletin 
RA32078-112, dated October 22, 2001, is acceptable for compliance 
with the applicable requirements of this AD.

Parts Installation

    (d) As of the effective date of this AD, no person may install, 
on any airplane, an actuator of the thrust reverser blocker door 
having a part number and serial number listed in paragraph 1.A.(1) 
of Rohr CFM56-5A/-5B Service Bulletin RA32078-112, Revision 1, dated 
February 6, 2002, unless the actuator has been reworked in 
accordance with the service bulletin.

Alternative Methods of Compliance

    (e) 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions must be 
done in accordance with Rohr CFM56-5A/-5B Service Bulletin RA32078-
112, Revision 1, dated February 6, 2002. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Rohr, Inc., 850 Lagoon Drive, Chula Vista, California 
91910-2098. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal_ register/

[[Page 42860]]

 code-- of-- federal-- regulations/ ibr-- locations. html.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2002-337(B) R1, dated July 24, 2002.

Effective Date

    (g) This amendment becomes effective on August 23, 2004.

    Issued in Renton, Washington, on July 1, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-16004 Filed 7-16-04; 8:45 am]
BILLING CODE 4910-13-P