[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Proposed Rules]
[Pages 28825-28827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7557]



[[Page 28825]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23889; Directorate Identifier 2005-NM-252-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Series Airplanes

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

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 A318-111 airplanes; 
A319-100 series airplanes; A320-111 airplanes; A320-200 series 
airplanes; and A321-100 and -200 series airplanes. The original NPRM 
would have required inspecting to determine the part number of the twin 
motor actuators, and related investigative and corrective actions if 
necessary. The original NPRM resulted from a report of a low pressure 
valve of the twin motor actuator found partially open, although the 
valve detection system indicated that the valve was closed. 
Investigation revealed that the locating pin in the actuator was too 
short to engage with the valve slot, resulting in incorrect alignment 
of the actuator and the drive assembly, causing the valve to remain 
partially open. This action revises the original NPRM by expanding the 
applicability. We are proposing this supplemental NPRM to ensure that, 
in the event of an engine fire, the valve actuator functions properly 
to block the fuel flow to the engine and prevent an uncontrollable 
fire.

DATES: We must receive comments on this supplemental NPRM by June 12, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2006-23889; Directorate Identifier 2005-NM-252-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 supplemental NPRM. Using the search function 
of that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may 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 in 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 receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain Airbus Model A318-111 
airplanes; A319-100 series airplanes; A320-111 airplanes; A320-200 
series airplanes; and A321-100 and -200 series airplanes. The original 
NPRM was published in the Federal Register on February 15, 2006 (71 FR 
7878). The original NPRM proposed to require inspecting to determine 
the part number of the twin motor actuators, and related investigative 
and corrective actions if necessary.
    Since the original NPRM was issued, we have changed the airplane 
model designations to expand the applicability of this supplemental 
NPRM and be consistent with the parallel French airworthiness 
directive.

Comments

    We have considered the following comments on the original NPRM.

Requests To Expand Applicability

    Airbus asks that the applicability identified in the original NPRM 
be expanded to match the effectivity in the referenced French 
airworthiness directive. Airbus states that the referenced French 
airworthiness directive applies to all Airbus Model A318, A319, A320, 
and A321 series airplanes, certified according to the type certificate 
data sheet (TCDS) issued in December 2005. Airbus adds that since the 
new TCDS was issued, the original NPRM is missing Model A318-112, -121 
and -122 airplanes, and Model A321-212, -213, and -232 airplanes. 
Airbus notes that airplanes delivered after the issuance of the 
original NPRM with manufacturer serial number (MSN) 2155 or above are 
not affected by the original NPRM; airplanes delivered with MSN 2154 or 
below are affected by original NPRM.
    JetBlue Airways asks that the applicability in the original NPRM be 
changed to include the MSNs affected. JetBlue states that the original 
NPRM is applicable to all Model A320 airplanes.
    We agree with Airbus and partially agree with JetBlue; Airbus and 
the Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which 
is the airworthiness authority for France, determined that the 
requirements in the original NPRM do not apply to airplanes with MSN 
2155 or above. We have expanded the applicability in this supplemental 
NPRM as follows: ``Airbus Model A318, A319, A320, and A321 series 
airplanes,

[[Page 28826]]

certificated in any category, except airplanes having manufacturer 
serial number (MSN) 2155 and subsequent.''

Request To Remove General Visual Inspection (GVI)

    JetBlue asks that the original NPRM be changed to remove the GVI 
and allow accomplishing the inspection/check specified in the Airbus/
DGAC guidelines that are currently available. JetBlue states that the 
GVI, per Note 1 of the original NPRM, differs from the referenced 
French airworthiness directive and Airbus service bulletin, which 
specify a check for the discrepant part number (P/N)/serial number (S/
N) of the discrepant actuator. JetBlue adds that the inclusion of a GVI 
will result in considerable retroactive work for U.S. operators who 
proactively launched/completed the inspection per the referenced Airbus 
service bulletin. JetBlue adds that it has already initiated the 
inspections in accordance with the Airbus service bulletin.
    We agree with the commenter. The French airworthiness directive 
requires inspecting the actuators for certain part numbers; the Airbus 
service bulletin specifies checking for certain P/Ns and S/Ns. The 
procedures for these actions do not constitute a GVI. We have removed 
the reference to a GVI in paragraph (f) and removed Note 1 of this 
supplemental NPRM.

Request To Add New Service Information

    US Airways, and the Air Transport Association (ATA) on behalf of US 
Airways, ask that the supplemental NPRM include a requirement to 
accomplish the actions specified in Airbus Service Bulletins A320-28-
1128 and A320-28-1129, which describe procedures to inspect actuators 
in the crossfeed valve in the center tank and the additional center 
tank (ACT) transfer valve in the ACT. The commenters state that 
inspecting the crossfeed and transfer valve positions is necessary to 
ensure that no defective actuator is installed.
    We do not agree with the commenters. No unsafe condition has been 
determined to exist other than in low pressure positions in the wing, 
when combined with an engine fire or engine malfunction when it is 
critical to shut down an engine. Therefore, the status of the subject 
service bulletins remains ``recommended;'' Airbus will not upgrade the 
service bulletins to ``mandatory'' and we will not add them to the 
supplemental NPRM.

Request To Change Work Hours

    US Airways asks that the work hours specified in the original NPRM 
be increased from 1 to 6. US Airways states that the visual part number 
check and the corrective actions both require removal/installation of 
leading edge access panels, and since the affected twin motor actuator 
could be installed in three to four different positions on each 
airplane, depending on the airplane type, 1 work hour is not 
sufficient.
    We do not agree with the commenter. The costs of compliance 
discussed in NPRMs represent only the time necessary to perform the 
specific actions actually proposed by the NPRM. These figures typically 
do not include on-condition costs, such as related investigative and 
corrective actions following an initial inspection finding; nor do they 
include incidental costs, such as the time required to gain access and 
close up, planning time, or time necessitated by other administrative 
actions. Although we agree that the work-hours required for an operator 
to comply with the requirements of the supplemental NPRM may be more 
than the hours reflected in the cost estimate, we cannot predict on-
condition costs for the entire fleet. After the original NPRM was 
issued, we reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $65 per work 
hour to $80 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    A certain change discussed above expands 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 supplemental NPRM would affect about 763 airplanes of U.S. 
registry. The proposed inspection would take about 1 work hour per 
airplane, at an average labor rate of $80 per work hour. Based on these 
figures, the estimated cost of this supplemental NPRM on U.S. operators 
is $61,040, or $80 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 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 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, 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:


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    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2006-23889; Directorate Identifier 2005-NM-
252-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 19, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes, certificated in any category, except airplanes 
having manufacturer serial number (MSN) 2155 and subsequent.

Unsafe Condition

    (d) This AD results from a report of a low pressure valve of the 
twin motor actuator found partially open, although the valve 
detection system indicated that the valve was closed. Investigation 
revealed that the locating pin in the actuator was too short to 
engage with the valve slot, resulting in incorrect alignment of the 
actuator and the drive assembly, causing the valve to remain 
partially open. We are issuing this AD to ensure that, in the event 
of an engine fire, the valve actuator functions properly to block 
the fuel flow to the engine and prevent an uncontrollable 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.

Inspection

    (f) Within 6,000 flight hours or 24 months after the effective 
date of this AD, whichever is first: Inspect to determine the part 
number (P/N) of the twin motor actuators in accordance with Airbus 
Service Bulletin A320-28-1122, including Appendix 01, dated November 
19, 2004.
    (1) For airplanes having any actuator with P/N FRH010041 or P/N 
FRH010034, no further action is required by this paragraph.
    (2) For airplanes having any actuator with P/N HTE190001-2, 
where the actuator serial number is not identified in Appendix 01 of 
the service bulletin, no further action is required by this 
paragraph.
    (3) For airplanes having any actuator with P/N HTE190001, 
HTE190001-1, or HTE190001-2, where the actuator serial number is 
identified in Appendix 01 of the service bulletin, do all applicable 
related investigative and corrective actions before further flight, 
in accordance with the service bulletin.

    Note 1: Airbus Service Bulletin A320-28-1122, dated November 19, 
2004, refers to FR-HITEMP Service Bulletin HTE190001-28-003, dated 
March 30, 2004, as an additional source of service information for 
determining the part number of the twin motor actuators and 
accomplishing any related investigative and corrective actions.

Parts Installation

    (g) As of the effective date of this AD: No person may install 
an actuator with P/N HTE190001, HTE190001-1, or HTE190001-2, and a 
serial number identified in Appendix 01 of Airbus Service Bulletin 
A320-28-1122, dated November 19, 2004, on any airplane unless all 
applicable related investigative and corrective actions have been 
done in accordance with the requirements of paragraph (f)(3) 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 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

    (i) French airworthiness directive F-2005-189, dated November 
23, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-7557 Filed 5-17-06; 8:45 am]
BILLING CODE 4910-13-P