[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36476-36479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-175-AD; 
Amendment 39-14135; AD 2005-12-19]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A319, A320, and A321 series airplanes. This AD 
requires replacing the cargo ventilation extraction duct at frame 65 
with a new duct, and relocating the temperature sensor in the aft cargo 
compartment. This AD is prompted by a report indicating that, during a 
test of the fire extinguishing system, air leakage around the 
temperature sensor for the aft cargo compartment reduced the 
concentration of fire extinguishing agent to below the level required 
to suppress a fire. We are issuing this AD to prevent air leakage 
around the temperature sensor for the aft cargo compartment, which, in 
the event of a fire in the aft cargo compartment, could result in an 
insufficient concentration of fire extinguishing agent, and consequent 
inability of the fire extinguishing system to suppress the fire.

DATES: This AD becomes effective July 29, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
29, 2005.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Docket: The AD docket contains the proposed AD, comments, and any final 
disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20166; the directorate 
identifier for this docket is 2004-NM-175-AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Airbus Model A319, A320, and A321 series 
airplanes. That action, published in the Federal Register on January 
31, 2005 (70 FR 4789), proposed to require replacing the cargo 
ventilation extraction duct at frame 65 with a new duct, and relocating 
the temperature sensor in the aft cargo compartment.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments from a single 
commenter that have been submitted on the proposed AD.

[[Page 36477]]

Request To Reference Revised Service Information

    The commenter requests that we change the proposed AD to refer to 
Airbus Service Bulletin A320-21-1141, Revision 01, dated December 17, 
2004. The proposed AD refers to Airbus Service Bulletin A320-21-1141, 
dated April 7, 2004, as the acceptable source of service information 
for the accomplishment of the proposed actions.
    We agree with the commenter's request. The procedures in Revision 
01 of the referenced service bulletin are essentially the same as those 
in the original issue. Accordingly, we have revised paragraph (f) of 
this AD to refer to Revision 01 of the service bulletin as the 
appropriate source of service information for accomplishing the 
required actions. We have also added a new paragraph (g) (and re-
identified subsequent paragraphs accordingly) to state that 
modifications accomplished before the effective date of this AD per the 
original issue of the service bulletin are acceptable for compliance 
with this AD.

Request To Reference Related Service Information

    The commenter notes that Airbus Service Bulletin A320-52-1124, 
Revision 01, dated December 17, 2004, is mentioned in the referenced 
French airworthiness directive and the referenced service information. 
The commenter states that Service Bulletin A320-52-1124 is also 
considered necessary to accomplish the restriction of airflow through 
the aft cargo compartment. The commenter adds that since airworthiness 
directives are issued to address safety concerns, and not portions of a 
safety concern, both modifications should be mandated in this proposed 
AD. The commenter states that combining these requirements into one AD 
also provides the added benefit of a central reference point in the 
case that an operator may need to make a future determination on 
whether the safety concern was fully addressed on an airplane or fleet 
of airplanes. The commenter adds that issuing separate ADs for the same 
safety concern seems to complicate the process.
    We acknowledge the commenter's request; however, Service Bulletin 
A320-52-1124 was referenced in another rulemaking action, which was 
issued on February 22, 2005 (Docket No. FAA-2005-20453; Directorate 
Identifier 2004-NM-270-AD). That proposed AD was issued in response to 
French airworthiness directive F-2004-172, dated October 27, 2004. That 
proposed AD would require replacing the water drain valves in the 
forward and aft cargo doors with new valves. The proposed compliance 
time is 6 months. In light of the fact that the compliance times are 
different, and the actions were addressed in two separate French 
airworthiness directives, the rulemaking actions will not be combined. 
No change to the AD is made in this regard.

Request To Change Compliance Time

    The commenter states that it agrees with the need to accomplish the 
proposed changes to meet airworthiness standards; however, it has not 
seen any data that lend this issue a high degree of urgency. The 
commenter recommends that the compliance time specified in the proposed 
AD be changed to the next heavy maintenance visit or S-check, instead 
of the 24-month compliance time. The commenter adds that this change 
would reduce the economic impact to operators, such as the commenter, 
who would be forced to take airplanes out of revenue service in order 
to meet the 24-month window.
    We do not agree with the commenter. In developing an appropriate 
compliance time for this action, we considered the safety implications, 
operators' normal maintenance schedules, and the compliance time 
recommended by the airplane manufacturer for the timely accomplishment 
of the required actions. The compliance time of 24 months after the 
effective date of this AD is based on airplane utilization overall, and 
is consistent with the compliance time specified in the French 
airworthiness directive. In addition, the operator provided no data to 
indicate that a compliance time extension will ensure safety. In 
consideration of these items, we have determined that compliance within 
24 months after the effective date of this AD will provide an 
acceptable level of safety and is an appropriate interval of time 
wherein the required actions can be accomplished during scheduled 
maintenance intervals for the majority of affected operators. However, 
according to the provisions of paragraph (h) of this AD, we may approve 
a request to adjust the compliance time if the request includes data 
that justify that a different compliance time would provide an 
acceptable level of safety. No change to the AD is made in this regard.

Request To Change Costs of Compliance Section

    The commenter disagrees with the labor estimates specified in the 
proposed AD. The commenter states that the FAA has reduced the 
estimates in the original issue of the referenced service bulletin by 
approximately one-third. The commenter adds that the airplane 
manufacturer typically underestimates, rather than overestimates, 
manpower requirements for repair and modification service bulletins. 
The commenter recommends that the FAA consider the average estimate of 
51.3 work hours, as specified in the referenced service bulletin, to be 
a minimum labor cost; however, 75 work hours per airplane is a better 
estimate for accomplishing the actions specified in the referenced 
service information.
    We do not agree that it is necessary to change the work hours in 
this AD. This number represents the time necessary to perform only the 
actions actually required by the AD. The actions in this final rule 
reflect only the direct costs of the specific required actions based on 
the best data available from the manufacturer. The cost analysis in AD 
rulemaking actions typically does not include incidental costs such as 
the time required to gain access and close up, time necessary for 
planning, or time necessitated by other administrative actions. Those 
incidental costs, which may vary significantly among operators, are 
almost impossible to calculate. The compliance time in this AD should 
allow ample time for operators to do the required actions at the same 
time as scheduled major airplane inspection and maintenance activities, 
which would reduce the additional time and costs associated with 
special scheduling. No change to the AD is made in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. This change will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

[[Page 36478]]



                                                                     Estimated Costs
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                                                                                                                   Number of U.S.-
               Action                  Work hours     Average labor          Parts            Cost per airplane      registered          Fleet cost
                                                      rate per hour                                                   airplanes
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Replacement of duct/relocation of                34             $65  Between $7,000 and     Between $9,210 and                643  Between $5,922,030
 temperature sensor in aft cargo                                      $11,640.               $13,850.                               and $8,905,550.
 compartment.
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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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-12-19 Airbus: Amendment 39-14135. Docket No. FAA-2005-20166; 
Directorate Identifier 2004-NM-175-AD.

Effective Date

    (a) This AD becomes effective July 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319, A320, and A321 series 
airplanes, certificated in any category; as identified in Table 1 of 
this AD.

                                             Table 1.--Applicability
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                                                                                                 But not having
                                                             Having the      Or the following    the following
                                                          following Airbus    Airbus service         Airbus
                      Airbus model                          modification         bulletin         modification
                                                            installed in     incorporated in      installed in
                                                            production--        service--         production--
----------------------------------------------------------------------------------------------------------------
A319 series airplanes..................................              24486       A320-21-1140              32616
A320 series airplanes..................................              20084       A320-21-1048              32616
A321 series airplanes..................................              22596              (\1\)             32616
----------------------------------------------------------------------------------------------------------------
\1\ Not applicable.

Unsafe Condition

    (d) This AD was prompted by a report that, during a test of the 
fire extinguishing system, air leakage around the temperature sensor 
for the aft cargo compartment reduced the concentration of fire 
extinguishing agent to below the level required to suppress a fire. 
We are issuing this AD to prevent air leakage around the temperature 
sensor for the aft cargo compartment, which, in the event of a fire 
in the aft cargo compartment, could result in an insufficient 
concentration of fire extinguishing agent, and consequent inability 
of the fire extinguishing system to suppress the fire.

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.

Relocation of Aft Cargo Compartment Temperature Sensor

    (f) Within 24 months after the effective date of this AD: 
Replace the ventilation extraction duct with a new duct and relocate 
the aft cargo compartment temperature sensor by accomplishing all of 
the actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A320-21-1141, Revision 01, dated December 17, 2004.

[[Page 36479]]

Credit for Actions Done per Previous Issue of Service Bulletin

    (g) Modifications accomplished before the effective date of this 
AD in accordance with Airbus Service Bulletin A320-21-1141, dated 
April 7, 2004, are acceptable for compliance with paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (h) 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

    (i) French airworthiness directive F-2004-123, dated July 21, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A320-21-1141, Revision 
01, dated December 17, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To get copies of the service information, contact Airbus, 1 Rond 
Point Maurice Bellonte, 31707 Blagnac Cedex, France. To view the AD 
docket, go to the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW, room PL-401, Nassif Building, 
Washington, DC. To review copies of the service information, go to 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 14, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12312 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P