[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Proposed Rules]
[Pages 42005-42008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14394]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19863; Directorate Identifier 2003-NM-29-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-100, A320-200, and 
A321-100 and -200 Series Airplanes

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

[[Page 42006]]


ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Airbus Model A319-100, A320-200, 
and A321-100 and -200 series airplanes. The original NPRM would have 
superseded an existing AD that currently requires modification of the 
telescopic girt bar of the escape slide/raft assembly, and follow-on 
actions. The original NPRM proposed to mandate a new modification of 
the telescopic girt bar, which would terminate the repetitive 
functional tests required by the existing AD. The original NPRM also 
proposed to expand the applicability of the existing AD. The original 
NPRM was prompted by development of a new, improved modification. This 
new action would revise the original NPRM by proposing to mandate the 
installation of placards on the modified girt bars, and reduce the 
compliance time. We are proposing this supplemental NPRM to prevent 
failure of the escape slide/raft to deploy correctly, which could 
result in the slide being unusable during an emergency evacuation and 
consequent injury to passengers or airplane crewmembers.

DATES: We must receive comments on this supplemental NPRM by August 15, 
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.
     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-2004-19863; the directorate identifier for this docket is 
2003-NM-29-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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19863; 
Directorate Identifier 2003-NM-29-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this supplemental NPRM. 
We will consider all comments received by the closing date and may 
amend this supplemental NPRM in light of those comments.
    We will post all comments submitted, 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 ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System (DMS) receives 
them.

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for an AD 
(the ``original NPRM'') for certain Airbus Model A319, A320, and A321 
series airplanes. The original NPRM proposed to supersede AD 2001-16-
14, amendment 39-12383 (66 FR 42939, August 16, 2001), which applies to 
certain Airbus Model A319, A320, and A321 series airplanes. The 
original NPRM was published in the Federal Register on December 16, 
2004 (69 FR 75273). The original NPRM proposed to retain the 
requirements of the existing AD and mandate a new modification of the 
telescopic girt bar, which would terminate the repetitive functional 
tests of the existing AD. The original NPRM also proposed to expand the 
applicability of the existing AD. The original NPRM was prompted by 
development of a new, improved modification.

Comments

    We have considered the following comments on the original NPRM.

Request To Add Revised Service Information

    One commenter concurs with the content of the original NPRM and 
asks that Airbus Service Bulletins A320-52-1112, Revision 03, dated 
June 27, 2003; and Revision 04, dated November 12, 2003; be added as 
additional sources of service information for accomplishing the new 
modification. Revision 02 of the service bulletin was referenced in the 
original NPRM as the appropriate source of service information for 
accomplishing the modification of the telescopic girt bar of the escape 
slide/raft assembly. The commenter notes that Revisions 03 and 04 of 
the service bulletin did not change the content of Revision 02 of the 
service bulletin, and should be allowed as an alternative method of 
compliance.
    Another commenter asks that Revision 05 of the referenced service 
bulletin, dated June 25, 2004, be added to the original NPRM as the 
source of service information for accomplishing the existing and new 
requirements. The commenter notes that Revision 05 adds procedures for 
the installation of a sticker (placard) on each of the four girt bars. 
That installation was omitted in the procedures specified in previous 
issues of the service bulletin. The commenter adds that the purpose of 
the stickers is to provide positive visual indication of girt bar 
engagement in the armed mode, and the Direction Generale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, is in 
the process of issuing a new airworthiness directive to require 
installation of those stickers.
    We agree with the commenters. Airbus has issued, and we have

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reviewed, Service Bulletins A320-52-1112, Revision 03, dated June 27, 
2003; Revision 04, dated November 12, 2003; and Revision 05, dated June 
25, 2004. No more work is necessary if Revisions 03 and 04 are used, as 
they are essentially the same as Revision 02 of the service bulletin. 
Revision 05 adds procedures for installing placards on the modified 
telescopic girt bars of the escape slide/raft assembly.
    The DGAC mandated compliance with Revision 05 of the service 
bulletin and issued French airworthiness directive F-2005-057, dated 
April 13, 2005, to ensure the continued airworthiness of these 
airplanes in France.
    We agree that the placards are needed to provide positive visual 
indication of girt bar engagement in the armed mode. Therefore, we have 
changed paragraph (g) of this supplemental NPRM to add paragraphs 
(g)(1) and (g)(2), which specify modifying the telescopic girt bars and 
installing placards on the modified girt bars using Revision 05 of the 
service bulletin to accomplish those actions. In addition, we have 
added Revisions 03 and 04 to paragraph (i) of this supplemental NPRM to 
give credit for previous accomplishment of the modification of the 
telescopic girt bar of the escape slide/raft assembly.

Request for Excluding Installation of Placards

    One commenter asks that the installation of placards recommended in 
Revision 05 of the referenced service bulletin be excluded from the 
requirements of the original NPRM. The commenter states that Revision 
05 added procedures for installing a ``dot'' placard to the modified 
girt bar, for identification. The commenter notes that this placard 
seems to be self-sticking with adhesive, and does not change the part 
number of the modified girt bar. The commenter adds that the placard 
will eventually come off and cause compliance issues in the future, 
even though there are currently no such reports from Airbus. The 
commenter also asks that references up to and including Revision 05 of 
the service bulletin be added to the original NPRM as acceptable 
sources for the instructions for the modification, with the exception 
of the placard installation.
    We do not agree with the commenter's request. We have determined 
that installation of the placards, as identified in Revision 05 of the 
service bulletin and required by French airworthiness directive F-2005-
057, is necessary and the placards should be maintained as part of 
normal airplane maintenance. As stated previously, the purpose of the 
stickers is to provide positive visual indication of girt bar 
engagement in the armed mode. This visual indication will ensure 
continued safe flight of the airplane. No change is made to the 
supplemental NPRM in this regard.

Request To Reduce Compliance Time

    The same commenter asks (as a follow-on to its previous request) 
that we reduce the compliance time for the modification specified in 
paragraph (g) of the original NPRM to ``not later than December 31, 
2006,'' as originally required by French airworthiness directive 2002-
637(B), dated December 24, 2002. The commenter disagrees with the 
compliance time of 48 months that was specified in the original NPRM. 
The commenter states that, although the DGAC imposed a similar 
compliance schedule when the French airworthiness directive was issued 
2 years ago (requiring compliance by December 31, 2006), the 
modification was developed several years ago and is immediately 
available for implementation on U.S. carriers. The commenter sees no 
reason to prolong the implementation simply because the original NPRM 
was not issued at the same time as the French airworthiness directive.
    We agree with the intent of the commenter's remarks. However, we 
express compliance times based on calendar dates (e.g., ``not later 
than December 31, 2006'') only when engineering analysis establishes a 
direct relationship between the date and the compliance time. In this 
case, no direct relationship exists. The compliance time, December 31, 
2006, for the subject modification specified in the French 
airworthiness directive corresponds to 20 months after the effective 
date of the original issue of French airworthiness directive F-2005-
057, dated April 13, 2005. Thus, the compliance time of 20 months after 
the effective date of this AD for the modification is consistent with 
the compliance time specified in the French airworthiness directive. We 
have changed the compliance time specified in paragraph (g) of this 
supplemental NPRM accordingly.

Explanation of Change to Applicability

    We have revised the applicability of the original NPRM to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This proposed AD would affect about 517 airplanes of U.S. registry.
    The modification that is required by AD 2001-16-14 and retained in 
this proposed AD takes about 7 work hours per airplane, at an average 
labor rate of $65 per work hour. The cost of required parts is 
negligible. Based on these figures, the estimated cost of the currently 
required modification for U.S. operators is $235,235, or $455 per 
airplane.
    The functional test that is required by AD 2001-16-14 and retained 
in this proposed AD takes about 1 work hour per airplane, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the currently required functional test for U.S. operators is 
$33,605, or $65 per airplane, per test cycle.
    For airplanes that have not been modified in accordance with AD 
2001-16-14: The new proposed modification (including the new placard 
installation) would take about 17 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $5,130 per airplane. Based on these figures, the estimated cost 
of the new modification specified in this proposed AD is $6,235 per 
airplane.
    For airplanes that have been modified in accordance with AD 2001-
16-14: The new proposed modification (including the new placard 
installation) would take about 21 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $5,130 per airplane. Based on these figures, the estimated cost 
of the new modification specified in this proposed AD is $6,495 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

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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 supplemental NPRM. 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 removing amendment 39-12383 (66 FR 
42939, August 16, 2001), and adding the following new airworthiness 
directive (AD):

Airbus: Docket No. FAA-2004-19863; Directorate Identifier 2003-NM-
29-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by August 15, 2005.

Affected ADs

    (b) This AD supersedes AD 2001-16-14, amendment 39-12383 (66 FR 
42939, August 16, 2001).

Applicability

    (c) This AD applies to Airbus Model A319-100, A320-200, and 
A321-100 and -200 series airplanes; certificated in any category; 
equipped with telescopic girt bars of the escape slide/raft assembly 
installed per Airbus Modification 20234, or Airbus Service Bulletin 
A320-25-1055 or A320-25-1218 in service; except those airplanes with 
Airbus Modification 31708.

Unsafe Condition

    (d) This AD was prompted by development of a new, improved 
modification of the telescopic girt bar of the escape slide/raft 
assembly. We are issuing this AD to prevent failure of the escape 
slide/raft to deploy correctly, which could result in the slide 
being unusable during an emergency evacuation and consequent injury 
to passengers or airplane crewmembers.

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.

Restatement of Requirements of AD 2001-16-14

Modification/Follow-On Actions

    (f) For airplanes listed in Airbus Industrie All Operators Telex 
A320-52A1111, Revision 01, dated July 23, 2001: Within 1,500 flight 
hours after August 31, 2001 (the effective date of AD 2001-16-14); 
except as provided by paragraph (h) of this AD, modify the 
telescopic girt bar of the escape slide/raft assembly installed on 
all passenger and crew doors and do a functional test to ensure the 
girt bar does not retract, per Airbus Industrie AOT A320-52A1111, 
Revision 01, dated July 23, 2001.
    (1) If the girt bar retracts, before further flight, replace any 
discrepant parts and do another functional test to ensure the girt 
bar does not retract, per the AOT. Repeat the functional test 
thereafter at intervals not to exceed 18 months until paragraph (g) 
of this AD is accomplished.
    (2) If the girt bar does not retract, repeat the functional test 
thereafter at intervals not to exceed 18 months.

    Note 1: Modification and follow-on actions accomplished prior to 
the effective date of this AD per Airbus Industrie AOT A320-52A1111, 
dated July 5, 2001, are considered acceptable for compliance with 
the applicable actions specified in this amendment.

New Requirements of This AD

Modification

    (g) Within 20 months after the effective date of this AD: 
Accomplish the actions specified in paragraphs (g)(1) and (g)(2) of 
this AD by doing all the applicable actions specified in the 
Accomplishment Instructions of Airbus Service Bulletin A320-52-1112, 
Revision 05, dated June 25, 2004. Accomplishing these actions 
terminates the repetitive functional tests required by paragraph (f) 
of this AD.
    (1) Modify the telescopic girt bar of the escape slide/raft 
assembly.
    (2) Install a placard on each modified girt bar.
    (h) For airplanes on which the modification of the telescopic 
girt bar required by paragraph (g)(1) of this AD is accomplished 
within the compliance time specified in paragraph (f) of this AD, 
accomplishing the modification required by paragraph (f) is not 
required.

Modifications Accomplished According to Previous Issues of Service 
Bulletin

    (i) Modification of the telescopic girt bar accomplished before 
the effective date of this AD in accordance with Airbus Service 
Bulletin A320-52-1112, dated January 16, 2002; Revision 01, dated 
April 3, 2002; Revision 02, dated September 6, 2002; Revision 03, 
dated June 27, 2003; or Revision 04, dated November 12, 2003; is 
considered acceptable for compliance with the modification of the 
telescopic girt bar required by paragraph (g)(1) of this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install 
on any airplane a telescopic girt bar of the escape slide/raft 
assembly unless it has been modified as required by paragraph (g) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, Transport Airplane 
Directorate, ANM-116, FAA, has the authority to approve alternative 
methods of compliance (AMOCs) for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) AMOCs approved previously in accordance with AD 2001-16-14, 
amendment 39-12383, are approved as AMOCs with paragraph (f) of this 
AD.

Related Information

    (l) French airworthiness directives 2002-637(B) R1, dated April 
16, 2003, and F-2005-057, dated April 13, 2005, also address the 
subject of this AD.

    Issued in Renton, Washington, on July 14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14394 Filed 7-20-05; 8:45 am]
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