[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Rules and Regulations]
[Pages 58007-58009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20874; Directorate Identifier 2004-NM-279-AD; 
Amendment 39-14311; AD 2005-20-17]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-100 Series Airplanes; 
Model A320-111 Series Airplanes; Model A320-200 Series Airplanes; and 
Model A321-100 and -200 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 airplane models, as specified above. This AD requires 
modifying the parking brake system to automatically restore the normal 
brake if the parking brake pressure decreases below a certain 
threshold. This AD results from a report of failure of the parking 
brake while the airplane was on the holding point of the runway before 
takeoff, leading to a runway departure. We are issuing this AD to 
ensure normal braking is available to prevent possible runway departure 
in the event of failure of the parking brake.

DATES: This AD becomes effective November 9, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 9, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
room PL-401, Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Airbus Model 
A319, A320, and A321 series airplanes. That NPRM was published in the 
Federal Register on April 6, 2005 (70 FR 17351). That NPRM proposed to 
require modifying the parking brake system to automatically restore the 
normal parking brake if the parking brake pressure decreases below a 
certain threshold.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Two commenters support the actions required by the NPRM.

Request To Cite Latest Service Information

    One commenter asks that we change the NPRM to refer to the latest 
revision of Airbus Service Bulletin A320-32-1201, which is Revision 02, 
dated February 1, 2005. Airbus Service Bulletin A320-32-1201, Revision 
01, dated May 29, 2002, was referenced in the NPRM as the appropriate 
source of service information for accomplishing the specified 
modification. The commenter states that Revision 02

[[Page 58008]]

requires additional work be performed on certain aircraft modified per 
previous issues of the service bulletin. The commenter suggests that 
Revision 02 be added to paragraph (f) of the NPRM as the source of 
service information for accomplishing the modification.
    We agree with the commenter. We have added Airbus Service Bulletin 
A320-32-1201, Revision 02, dated February 1, 2005, which is the most 
current source of service information for accomplishing the 
modification in this AD, to paragraph (f) of this AD. Although Revision 
02 specifies that additional work is necessary, it adds no work to the 
original issues of the service bulletin; the section specifying 
additional work was inadvertently carried over from Revision 01 of the 
service bulletin. Revision 02 merely includes the results of the 
validation on Model A321 series airplanes and informs operators that 
the revised bulletin is mandatory. We have added Revision 02 to 
paragraph (f), added a new paragraph (g) that allows credit for actions 
done in accordance with Revision 01 of the service bulletin, and re-
identified subsequent paragraphs accordingly.

Request To Revise Cost Estimate

    One commenter disagrees with the cost estimates specified in the 
NPRM and states that the FAA has reduced the original estimates for the 
modification specified in the service bulletin cited in the NPRM by 
approximately one-half. The commenter adds that Airbus typically 
underestimates, rather than overestimates, the manpower requirements 
for repair and modification service bulletins. The commenter recommends 
that the FAA reconsider using the Airbus average estimate of 
approximately 45 work hours as a minimum labor cost. The commenter 
notes that 60 work hours per aircraft is a better estimate to 
accomplish the referenced modification.
    We do not agree that it is necessary to revise the cost estimates 
of the NPRM, which reflect only the direct costs of the specific 
required actions based on the best data available from the 
manufacturer. We recognize that operators may incur incidental costs 
(such as the time for planning, access and close, and associated 
administrative actions) in addition to the direct costs. The cost 
analysis in ADs, however, typically does not include incidental costs. 
The compliance times 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. We have 
not changed the AD in this regard.

Explanation of Change to This AD

    In the Summary section of the NPRM we inadvertently specified 
normal parking brake instead of normal brake, as follows, ``This 
proposed AD would require modifying the parking brake system to 
automatically restore the normal parking brake if the parking brake 
pressure decreases below a certain threshold.'' The correct language 
for the final rule is ``This AD requires modifying the parking brake 
system to automatically restore the normal brake if the parking brake 
pressure decreases below a certain threshold.'' We have corrected the 
error in this AD.

Explanation of Change to Applicability

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

Conclusion

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

Costs of Compliance

    This AD will affect about 357 airplanes of U.S. registry. The 
modification will take about 23 work hours per airplane, at an average 
labor rate of $65 per work hour. Required parts will cost about $5,600 
per airplane. Based on these figures, the estimated cost of the 
modification for U.S. operators is $2,532,915, or $7,095 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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-20-17 Airbus:
    Amendment 39-14311. Docket No. FAA-2005-20874; Directorate 
Identifier 2004-NM-279-AD.

Effective Date

    (a) This AD becomes effective November 9, 2005.

Affected ADs

    (b) None.

[[Page 58009]]

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, 
-211 and -231 airplanes; certificated in any category; except those 
modified in production by Airbus Modification 30062.

Unsafe Condition

    (d) This AD was prompted by a report of failure of the parking 
brake while the airplane was on the holding point of the runway 
before takeoff, leading to a runway departure. We are issuing this 
AD to ensure normal braking is available to prevent possible runway 
departure in the event of failure of the parking brake.

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.

Modification

    (f) Within 52 months after the effective date of this AD: Modify 
the parking brake system by accomplishing all the actions specified 
in the Accomplishment Instructions of Airbus Service Bulletin A320-
32-1201, Revision 02, dated February 1, 2005.

Modifications Accomplished Per Previous Issue of Service Information

    (g) Modifications accomplished before the effective date of this 
AD in accordance with Airbus Service Bulletin A320-32-1201, Revision 
01, dated May 29, 2002; are considered acceptable for compliance 
with the corresponding modification required by paragraph (f) of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) French airworthiness directive F-2004-137, dated November 
10, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A320-32-1201, Revision 
02, dated February 1, 2005, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at 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 html.

    Issued in Renton, Washington, on September 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19874 Filed 10-4-05; 8:45 am]
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