[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27595-27598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4134]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22919; Directorate Identifier 2005-NM-087-AD; 
Amendment 39-14582; AD 2006-09-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-100, A320-200, A321-
100, and 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 A319-100, A320-200, A321-100, and A321-200 series 
airplanes. This AD requires repetitive inspections for corrosion in the 
inside and outside lower walls of each type A, D, E, and F lavatory 
wall that has at least one wall-mounted cabin attendant seat, and 
related investigative and corrective actions if necessary. The 
repetitive inspections may be terminated by repairing the wall with 
composite material, or replacing the entire wall with a new wall made 
of composite material. This AD results from reports of corrosion in the 
lower part of the lavatory walls due to water ingress. We are issuing 
this AD to detect and correct corrosion and damage on the lower part of 
the lavatory walls, which could compromise the structural integrity of 
the cabin attendant seat attachments, and cause injury to the cabin 
attendants during a crash landing.

DATES: This AD becomes effective June 16, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 16, 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

[[Page 27596]]

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, Transport Airplane Directorate, FAA, 
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 
A319-100, A320-200, A321-100, and A321-200 series airplanes. That NPRM 
was published in the Federal Register on November 10, 2005 (70 FR 
68384). That NPRM proposed to require repetitive inspections for 
corrosion in the inside and outside lower walls of each type A, D, E, 
and F lavatory wall that has at least one wall-mounted cabin attendant 
seat, and related investigative and corrective actions if necessary.

Comments

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

Request To Extend Compliance Time Based on Future Revision of French AD

    Airbus states that French airworthiness directive F-2005-046, dated 
March 16, 2005, which is the parallel airworthiness directive for this 
AD, will be revised to extend the repetitive inspection interval from 
18 months to 20 months for airplanes on which no corrosion is found.
    We infer that Airbus requests that we revise the NPRM to extend the 
repetitive inspection interval. We disagree. Both the AD and the 
current French airworthiness directive require repeat inspections at 
the intervals defined in Airbus Service Bulletin A320-25-1365, dated 
February 18, 2005 (which is referenced as an appropriate source of 
service information for accomplishing the actions proposed in the AD). 
If the French airworthiness directive and the Airbus service bulletins 
are revised in the future to reflect a changed repetitive inspection 
interval, we may consider further rulemaking. However, operators may 
request an extension of the compliance time as an alternative method of 
compliance in accordance with the procedures in paragraph (j) of this 
AD. No change to the AD is necessary in this regard.

Request To Extend Compliance Time Based on Maintenance Schedule

    Northwest Airlines requests that we extend the compliance time for 
the initial inspection to match its L-check interval of 23 months with 
no flight-hour limitations. Northwest Airlines states that we did not 
provide justification in the NPRM for either the initial or repeat 
inspection intervals. Northwest Airlines also notes that corrosion is 
typically a factor of calendar time, not flight hours. Northwest 
Airlines is convinced that an extension to 23 months with no flight-
hour limitation on the initial inspections would provide an equivalent 
level of safety. Northwest Airlines states that this change to the 
compliance times would give operators enough time to schedule the work 
in the optimal maintenance environment.
    We do not agree with the request to extend the compliance times. We 
have determined that the compliance times proposed in the NPRM 
represent the maximum interval of time allowable for the affected 
airplanes to continue to safely operate before the inspections are 
done. Since maintenance schedules vary among operators, it is not 
possible to accommodate every operator's maintenance schedule. However, 
operators may request an extension of the compliance time as an 
alternative method of compliance in accordance with the procedures in 
paragraph (j) of this AD. We have not changed the AD in this regard.

Request To Give Temporary Minimum Equipment List (MEL) Relief

    Northwest Airlines also requests that we allow temporary MEL relief 
to allow operators to make repairs at the next scheduled hangar 
maintenance visit. Northwest Airlines explains that operators run a 
considerable operational risk while complying with Airbus Service 
Bulletin A320-25-1365. Northwest Airlines points out that the logic 
diagram, Figure 1, Sheet 1, of the service bulletin, allows a 
``Lavatory wall to be repaired within 600 flight hours (as long as) 
cabin attendant seats (CAS) not used until lavatory wall is repaired.'' 
According to Northwest Airlines, this contradicts the MEL, which gives 
3 days or 10 days, depending on the CAS location, for corrective action 
to be taken. Northwest Airlines notes that since the flight attendant 
will need to use a passenger seat in the event that a CAS is blocked 
off, an equivalent level of safety is maintained regardless of how long 
it takes to repair the seat.
    We disagree that there is a conflict between the compliance time 
for these repairs that is stated in the AD and the compliance time for 
the same repairs that are specified in the MEL. The MEL addresses 
inoperative equipment and the ability to dispatch the airplane with 
that equipment inoperative. This AD addresses a situation where the 
attachment of the CAS may be under-strength due to corrosion damage. 
The CAS is still usable, per se, and the AD provides 600 flight hours 
within which to repair any damage found as a result of the required 
inspections. In this case there is no conflict because of the two 
totally different issues addressed by the MEL and the AD. We do not 
agree to allow repairs at the next scheduled maintenance visit because 
the schedule for maintenance visits can vary widely among operators. No 
change to the AD is necessary.

Explanation of Changes to Optional Terminating Action Paragraph (h)

    We have revised paragraph (h) to include more detail about the 
applicable component maintenance manual (CMM) for each lavatory. We 
have also specified that one of the repair options must be done in 
accordance with a method approved by the FAA or the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its delegated 
agent), but that the applicable CMM is one approved method. These 
changes provide more information and flexibility for operators.

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 393 airplanes of U.S. registry. The 
inspection takes about 2 work hours per lavatory, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of

[[Page 27597]]

the AD for U.S. operators is $51,090, or $130 per lavatory, per 
inspection cycle.

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):

2006-09-11 Airbus: Amendment 39-14582. Docket No. FAA-2005-22919; 
Directorate Identifier 2005-NM-087-AD.

Effective Date

    (a) This AD becomes effective June 16, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
231, -232, and -233 airplanes; Model A321-111, -112, and -131 
airplanes; and Model A321-211 and -231 airplanes; certificated in 
any category; equipped with the lavatories in Table 1 of this AD, 
onto which at least one cabin attendant seat (CAS) is attached; 
except those airplanes with lavatory walls that have not been 
modified since the application of Airbus Modification 31574 in 
production.

          Table 1.--Lavatory Installations Affected by This AD
------------------------------------------------------------------------
                                                           Installed by
                       Lavatory--                             Airbus
                                                           Modification
------------------------------------------------------------------------
Type A DASELL...........................................           23125
Type D DASELL...........................................           22815
Type E DASELL...........................................           22819
Type F DASELL...........................................           23695
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from reports of corrosion in the lower part 
of the lavatory walls due to water ingress. We are issuing this AD 
to detect and correct corrosion and damage on the lower part of the 
lavatory walls, which could compromise the structural integrity of 
the CAS attachments, and cause injury to the cabin attendants during 
a crash 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.

Service Bulletin Reference

    (f) For the purposes of this AD, unless otherwise specified, the 
term ``service bulletin'' means the Accomplishment Instructions of 
Airbus Service Bulletin A320-25-1365, dated February 18, 2005.

Repetitive Inspections and Corrective Actions

    (g) Within 2,400 flight hours or 15 months after the effective 
date of this AD, whichever occurs earlier: Do a detailed inspection 
for corrosion and damage in the inside and outside lower walls of 
each type A, D, E, and F lavatory wall that has at least one wall-
mounted CAS, and do all applicable related investigative and 
corrective actions as applicable, including any supporting non-
destructive testing and related investigative actions. Do all 
actions in accordance with the procedures and time-frames defined in 
the Accomplishment Instructions of the service bulletin. Repeat the 
inspection at the applicable time specified in Figure 1 Sheet 1 of 
the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Optional Terminating Action

    (h) Doing the permanent repair in paragraph (h)(1) or (h)(2) of 
this AD terminates the repetitive inspection requirements of this 
AD.
    (1) Repair the aluminum wall with composite material in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Direction G[eacute]n[eacute]rale de l'Aviation Civile (or its 
delegated agent). The applicable lavatory component maintenance 
manual (CMM) in paragraph (h)(1)(i), (h)(1)(ii), (h)(1)(iii), or 
(h)(1)(iv) of this AD is one approved method.
    (i) Airbus CMM Lavatory A 25-41-51.
    (ii) Airbus CMM Lavatory D 25-43-51.
    (iii) Airbus CMM Lavatory E 25-41-52.
    (iv) Airbus CMM Lavatory F 25-43-53.
    (2) Replace the aluminum wall with a new wall made of composite 
material in accordance with the Accomplishment Instructions of the 
applicable service bulletin in paragraph (h)(2)(i), (h)(2)(ii), or 
(h)(2)(iii) of this AD.
    (i) For lavatory A: Airbus Service Bulletin A320-25-1289, 
Revision 01, dated October 29, 2003.
    (ii) For lavatories D and E: Airbus Service Bulletin A320-25-
1365, dated February 18, 2005, which references Airbus CMM Lavatory 
D 25-43-51; and Airbus CMM Lavatory E 25-41-52, as applicable, as an 
additional source of service information for doing the replacement.
    (iii) For lavatory F: Airbus Service Bulletin A320-25-1357, 
dated July 19, 2004.

Actions Accomplished in Accordance With Previous Issue of a Service 
Bulletin

    (i) Replacement of the lavatory A wall done before the effective 
date of this AD in accordance with Airbus Service Bulletin A320-25-
1289, dated October 11, 2002, is acceptable for compliance with the

[[Page 27598]]

requirements of paragraph (h)(2)(i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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 Sec.  
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

    (k) French airworthiness directive F-2005-046, dated March 16, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus Service Bulletin A320-25-1365, dated 
February 18, 2005, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The optional terminating 
action, if accomplished, must be done in accordance with the service 
information in Table 2 of this AD, as applicable, unless the AD 
specifies otherwise. The Director of the Federal Register approved 
the incorporation by reference of these documents 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.

   Table 2.--Material for Optional Terminating Action Incorporated by
                                Reference
------------------------------------------------------------------------
   Airbus service bulletin       Revision level             Date
------------------------------------------------------------------------
A320-25-1289................  01..................  October 29, 2003.
A320-25-1357................  Original............  July 19, 2004.
A320-25-1365................  Original............  February 18, 2005.
------------------------------------------------------------------------


    Issued in Renton, Washington, on April 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-4134 Filed 5-11-06; 8:45 am]
BILLING CODE 4910-13-U