[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15017-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2852]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20453; Directorate Identifier 2004-NM-270-AD; 
Amendment 39-14524; AD 2006-06-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-100 Series Airplanes; 
Model A319-100 Series Airplanes; Model A320-111 Airplanes; Model A320-
200 Series Airplanes; Model A321-100 Series Airplanes; and Model A321-
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 Model A318-100 series airplanes; Model A319-100 series 
airplanes; Model A320-111 airplanes; Model A320-200 series airplanes; 
Model A321-100 series airplanes; and Model A321-200 series airplanes. 
This AD requires replacing the water drain valves in the forward and 
aft cargo doors with new valves. This AD results from a report 
indicating that, during a test of the fire extinguishing system, air 
leakage through the water drain valves in the forward and aft cargo 
doors 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 through the water drain valves, which, in the event 
of a fire in the forward or 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 May 1, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 1, 2006.

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 
A318, A319, A320, and A321 series airplanes. That NPRM was published in 
the Federal Register on March 3, 2005 (70 FR 10342). That NPRM proposed 
to require replacing the water drain valves in the forward and aft 
cargo doors with new valves.

Comments

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

Support for NPRM

    The Air Line Pilots Association and United Airlines support the 
NPRM.

Requests To Extend Compliance Time

    Airbus states that the Direction G[eacute]n[eacute]rale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, has issued French airworthiness directive F-2004-172 R1, dated 
April 13, 2005, to extend the compliance time from April 30, 2005 to 
December 31, 2005. (We referenced French airworthiness directive F-
2004-172, dated October 27, 2004, with a compliance time of 6 months in 
the NPRM.) Airbus further states that our NPRM should not be more 
restrictive than the French airworthiness directive. We infer the 
commenter would like us to extend the compliance time to 14 months to 
correspond with the revised French airworthiness directive.
    Northwest Airlines (NWA) requests that we extend the compliance 
time to 2 years to match the compliance time of related AD 2005-12-19. 
NWA points out that both rulemaking actions are necessary to reduce the 
rate of air renewal in the cargo compartments. NWA further states that 
revising the compliance time in the NPRM would allow operators to 
accomplish both modifications during the same maintenance visit, 
eliminating the effect on line operations and potential for grounding 
airplanes.
    US Airways 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. U.S. 
Airways recommends extending the compliance time to allow replacement 
of the water drain valves at the next C-check or 18 months, whichever 
is later, instead of the proposed 6-month compliance time. U.S. Airways 
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 6-month window.
    We agree with Airbus and have revised paragraph (f) of this AD 
accordingly. We referenced French airworthiness directive F-2004-172 in 
the NPRM because French airworthiness directive F-2004-172 R1 was 
issued after we published our NPRM. Consequently, we have also revised 
paragraph (i) of this AD to reference French airworthiness directive F-
2004-172 R1, dated April 13, 2005. In developing an appropriate 
compliance time for this action, we considered not only the degree of 
urgency associated with addressing the subject unsafe condition, but 
the DGAC's recommendation for an appropriate compliance time, the 
availability of required parts, and the practical aspect of installing 
the required modification within an interval of time that corresponds 
to the typical scheduled maintenance for the majority of affected 
operators. We also considered the time required for the rulemaking 
process. In addition, NWA and US Airways provided no data to indicate 
that a further extension of the compliance time will ensure safety. In 
consideration of these items, we have determined that compliance within 
14 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

[[Page 15018]]

during scheduled maintenance intervals for the majority of affected 
operators.
    While we agree with NWA that the actions required by both this AD 
and AD 2005-12-19 are necessary to correct the unsafe condition, we do 
not agree to match the compliance times of the ADs. The compliance 
times of these ADs instead match the compliance times of the 
corresponding French airworthiness directives. Furthermore, those 
compliance times differ because the number of affected airplanes and 
overall exposure to the unsafe condition is not the same for both ADs. 
Also, we note that the new 14-month compliance time from the effective 
date of this AD is closer to the compliance time of AD 2005-12-19, 
which is within 24 months after July 29, 2005. 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.

Request To Reference Later-Approved Service Bulletin

    United Airlines states that the effectivity of Airbus Service 
Bulletin A320-52-1124, dated May 6, 2004, is not up to date, and that 
Airbus issued Telex SEM4/914.482/05 announcing it plans to publish a 
revision to the service bulletin to correct the effectivity. United 
Airlines therefore requests that we reference any later-approved 
service bulletin in the NPRM.
    We partially agree. As policy, we do not reference ``later-
approved'' service bulletins in ADs. However, since Airbus subsequently 
issued Revision 01, dated May 31, 2005, to Service Bulletin A320-52-
1124, we agree to reference Revision 01 in paragraph (f) of this AD. 
The procedures in Revision 01 of the service bulletin are essentially 
the same as those in the original issue. Therefore, we have added a new 
paragraph (g) to this AD to give credit for actions done in accordance 
with the original issue of the service bulletin and have reidentified 
the subsequent paragraphs accordingly. We point out that referencing 
Revision 01 does not change the applicability specified in paragraph 
(c) of this AD, since the applicability depends only on whether certain 
modifications are accomplished in production or in-service.

Request To Combine Related Rulemaking

    US Airways notes that Airbus Service Bulletin A320-21-1141, 
Revision 01, dated December 17, 2004, is mentioned in French 
airworthiness directive F-2004-172, dated October 27, 2004, and is 
related to Airbus Service Bulletin A320-52-1124. (We referenced French 
airworthiness directive F-2004-172 and Airbus Service Bulletin A320-52-
1124 in the NPRM.) US Airways states that Airbus Service Bulletin A320-
21-1141 is also considered necessary to accomplish the restriction of 
airflow through the aft cargo compartment. US Airways adds that since 
ADs are issued to address safety concerns, and not portions of a safety 
concern, both modifications should be mandated by the same AD. US 
Airways 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. US Airways adds that issuing separate ADs for the same 
safety concern seems to complicate the process.
    We acknowledge US Airways' request; however, Airbus Service 
Bulletin A320-21-1141, Revision 01, dated December 17, 2004, was 
referenced in AD 2005-12-19, amendment 39-14135 (70 FR 36476, June 24, 
2005), which we issued on June 14, 2005. We issued AD 2005-12-19 to 
address air leakage around the aft cargo temperature sensor, in 
response to French airworthiness directive F-2004-123, dated July 21, 
2004. That 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. The compliance time is 24 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 this AD is made 
in this regard.

Request To Reference Part Numbers

    The Modification and Replacement Parts Association (MARPA) requests 
that we either identify the manufacturer of the affected water drain 
valves and the part numbers, or publish the referenced service bulletin 
with the AD. As justification for its request, MARPA states that the 
affected water drain valves are identified in proprietary service 
information that is not available to the general public. The commenter 
asserts that, under 14 CFR 21.303, there are many valves that could be 
approved replacement parts for the affected water drain valves. If 
replacement parts do exist, MARPA adds that they may contain the same 
defect as those addressed in the NPRM. MARPA further states that repair 
facilities and part houses, which do not have access to proprietary 
service information to determine the applicability of the AD, may 
inadvertently provide defective parts manufacturer approval (PMA) 
valves in the future.
    We agree to identify the part number of the affected water drain 
valves and have revised paragraph (f) of this AD accordingly. We also 
concur with MARPA's general request that, if we know that an unsafe 
condition also exists in PMA parts, the AD should address those parts, 
as well as the original parts. At this time, we are not aware of other 
PMA parts equivalent to the affected water drain valves. MARPA's 
remarks are timely in that the Transport Airplane Directorate currently 
is in the process of reviewing this issue as it applies to transport 
category airplanes. We acknowledge that there may be other ways of 
addressing this issue to ensure that unsafe PMA parts are identified 
and addressed. Once we have thoroughly examined all aspects of this 
issue, including input from industry, and have made a final 
determination, we will consider whether our policy regarding addressing 
PMA parts in ADs needs to be revised. We consider that to delay this AD 
action would be inappropriate, since we have determined that an unsafe 
condition exists and that replacement of certain parts must be 
accomplished to ensure continued safety. Therefore, no additional 
change has been made to the final rule in this regard.

Explanation of Change to Applicability

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

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 434 airplanes of U.S. registry. The actions 
in this AD take about 3 to 5 work hours per

[[Page 15019]]

airplane, depending on airplane configuration, at an average labor rate 
of $65 per work hour. Required parts cost about $120 to $200 per 
airplane, depending on airplane configuration. Based on these figures, 
the estimated cost of the AD for U.S. operators is between $136,710 and 
$227,850, or between $315 and $525 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):

2006-06-15 Airbus: Amendment 39-14524. Docket No. FAA-2005-20453; 
Directorate Identifier 2004-NM-270-AD.

Effective Date

    (a) This AD becomes effective May 1, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in Table 
1 of this AD, certificated in any category.

                                             Table 1.--Applicability
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                                                                                                 But not having
                                                                                                  the following
                                            Having the following      Or the following Airbus        Airbus
             Airbus model--                  Airbus modification          service bulletin        modification
                                          installed in production--  incorporated in service--    installed in
                                                                                                  production--
----------------------------------------------------------------------------------------------------------------
A318-111 and -112 airplanes............  Not applicable............  Not applicable...........             33232
A319-111, -112, -113, -114, -115, -131,  25642 or 26213............  A320-52-1088.............             33232
 -132, and -133 airplanes.
A320-111 airplanes; and Model A320-211,  26213 or 26603............  A320-52-1088.............             33232
 -212, -214, -231, -232, and -233
 airplanes.
A321-111, -112, and -131 airplanes; and  26213 or 26603............  A320-52-1088.............             33232
 Model A321-211, -212, -213, -231, and -
 232 airplanes.
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by a report indicating that, during a 
test of the fire extinguishing system, air leakage through the water 
drain valves in the forward and aft cargo doors 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 through the water drain valves, which, in the event of a 
fire in the forward or 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.

Replacement of Water Drain Valves

    (f) Within 14 months after the effective date of this AD, 
replace the water drain valves having part number (P/N) ABS0341-2-01 
in the forward and aft cargo doors with new valves that close at a 
lower differential pressure having P/N ABS0341-2-02, by doing all of 
the applicable actions specified in the Accomplishment Instructions 
of Airbus Service Bulletin A320-52-1124, Revision 01, dated May 31, 
2005.

Credit for Previous Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-52-1124, May 6, 2004, 
are acceptable for compliance with the requirements of 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-2004-172 R1, dated April 
13, 2005, also addresses the subject of this AD.

[[Page 15020]]

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A320-52-1124, Revision 
01, dated May 31, 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.


    Issued in Renton, Washington, on March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2852 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P