[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Proposed Rules]
[Pages 14597-14599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5699]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20687; Directorate Identifier 2004-NM-171-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Model A319, A320, and A321 series airplanes. This 
proposed AD would require modifying the floor proximity emergency 
escape path marking system. This proposed AD is prompted by information 
that there is not adequate floor path lighting and marking for safe 
evacuation of the airplane in the event of an emergency. We are 
proposing this AD to prevent inadequate lighting and marking of the 
escape path, which could delay or impede the flight crew and passengers 
when exiting the airplane during an emergency landing.

DATES: We must receive comments on this proposed AD by April 22, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20687; the directorate identifier for this docket is 
2004-NM-171-AD.

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

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20687; 
Directorate Identifier 2004-NM-171-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES

[[Page 14598]]

section. Comments will be available in the AD docket shortly after the 
DMS receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on certain Airbus Model A319, A320, and A321 
series airplanes. The DGAC advises that the existing system design of 
the BRUCE emergency power supply units (EPSU) of the floor proximity 
emergency escape path marking system (FPEEPMS) installed on these 
airplanes does not provide adequate floor path lighting and marking for 
safe evacuation of the airplane in the event of an emergency.
    Investigation revealed that the system does not comply with the 
certification requirements specified in section 121.310(c)(3) of the 
Federal Aviation Regulations (14 CFR 121.310), which includes the floor 
proximity emergency escape path marking requirements in section 
25.812(L)(1), since none of the connected components of the FPEEPMS, 
including the exit identifiers, will illuminate in the event of an 
emergency landing if there is a vertical separation of the fuselage 
forward of exit door number 1. These conditions, if not corrected, 
could impede or delay the flight crew and passengers when exiting the 
airplane during an emergency landing.

Relevant Service Information

    Airbus has issued Service Bulletin A320-33-1041, dated December 11, 
2003. The service bulletin describes procedures for modifying the 
FPEEPMS. The modification includes removing the BRUCE and DIEHL EPSUs 
of the FPEEPMS; modifying the wiring; installing placards; and 
installing new, improved DIEHL EPSUs. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The DGAC mandated the service information and 
issued French airworthiness directive F-2004-121 R1, dated October 13, 
2004, to ensure the continued airworthiness of these airplanes in 
France.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    This proposed AD would affect about 236 airplanes of U.S. registry. 
The proposed actions would take about 20 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $280 per airplane. Based on these figures, the estimated cost of 
the proposed replacement for U.S. operators is $372,880, or $1,580 per 
airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-20687; Directorate Identifier 2004-NM-
171-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 22, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319, A320, and A321 series 
airplanes; certificated in any category; in which the floor 
proximity emergency escape path marking system (FPEEPMS) is equipped 
with BRUCE emergency power supply units (EPSUs) having BRUCE part 
number (P/N) 100865 or DIEHL P/Ns 3214-51, -52, -54, or -55.

Unsafe Condition

    (d) This AD was prompted by information that there is not 
adequate floor path lighting and marking for safe evacuation of the 
airplane in the event of an emergency. We are issuing this AD to 
prevent inadequate lighting and marking of the escape path, which 
could delay or impede the flight crew and passengers when exiting 
the airplane during an emergency landing.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 17 months after the effective date of this AD: Modify 
the FPEEPMS by doing all the actions specified in the

[[Page 14599]]

Accomplishment Instructions of Airbus Service Bulletin A320-33-1041, 
dated December 11, 2003.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) French airworthiness directive F-2004-121 R1, dated October 
13, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5699 Filed 3-22-05; 8:45 am]
BILLING CODE 4910-13-P