[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Proposed Rules]
[Pages 35220-35222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5502]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25060; Directorate Identifier 2006-NM-119-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321 Airplanes

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

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ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an airworthiness 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The proposed AD would require actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by July 19, 2006.

ADDRESSES: Use one of the following addresses to comment 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 the proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

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

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. We are prototyping this process and 
specifically request your comments on its use. You can find more 
information in FAA draft Order 8040.2, ``Airworthiness Directive 
Process for Mandatory Continuing Airworthiness Information,'' which is 
currently open for comments at http://www.faa.gov/aircraft/draft_docs. 
This streamlined process will allow us to adopt MCAI safety 
requirements in a more efficient manner and will reduce safety risks to 
the public.
    This process continues to follow all existing AD issuance processes 
to meet legal, economic, Administrative Procedure Act, and Federal 
Register requirements. We also continue to follow our technical 
decision-making processes in all aspects to meet our responsibilities 
to determine and correct unsafe conditions on U.S.-certificated 
products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.
    The comment period for this proposed AD is open for 30 days to 
allow time for comments on both the process and the AD content. In the 
future, ADs using this process will have a 15-day comment period, 
because the airworthiness authority and manufacturer have already 
published the documents on which we based our decision, making a longer 
comment period unnecessary.

Comments Invited

    We invite you to send any written data, views, or arguments 
regarding this proposed AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number, Docket No. FAA-
2006-25060; Directorate Identifier 2006-NM-119-AD at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the proposed 
AD. We are also inviting comments, views, or arguments on the new MCAI 
process. We will consider all comments received by the closing date and 
may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive concerning this proposed AD.

Discussion

    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-2005-155, dated August 31, 2005 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that some cases of slide damage and 
deflation have been reported during deployment tests at doors 2 and 3 
of the A321. Analysis has shown that the slide may inflate too fast 
compared to the associated door release. If there is a delay during the 
opening of the door, the inflatable slide may exercise pressure on this 
not yet opened door, which could result in damage to the inflatable 
slide. A slide not inflated correctly may disrupt passenger emergency 
evacuation. The MCAI renders mandatory the removal of one of the two 
inflating vacuums in order to reduce the speed of the slide inflation. 
You may obtain further information by examining the MCAI in the docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-25-1416, dated May 20, 
2005. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product is manufactured outside the United States and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral agreement. Pursuant to this bilateral 
airworthiness agreement, the State of Design's airworthiness authority 
has notified us of the unsafe condition described in the MCAI and 
service information referenced above. We have examined the 
airworthiness authority's findings, evaluated all pertinent 
information, and determined an unsafe condition exists and is likely to 
exist or develop on all products of this type design. We are issuing 
this proposed AD to correct the unsafe condition.

Differences Between the Proposed AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable in a U.S. court of 
law. In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI and related service 
information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These proposed 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would

[[Page 35222]]

affect about 37 products of U.S. registry. We also estimate that it 
would take about 5 work hours per product to do the actions and that 
the average labor rate is $80 per work hour. Required parts would cost 
about $370 per product. Where the service information lists required 
parts costs that are covered under warranty, we have assumed that there 
will be no change for these costs. As we do not control warranty 
coverage for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $28,490, or $770 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies 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 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 proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5227) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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 Federal Aviation Administration 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 adding the following new AD:

Airbus: Docket No. FAA-2006-25060; Directorate Identifier 2006-NM-
119-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive 
(AD) by July 19, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus A321 aircraft, all certified 
models and serial numbers that are equipped with escape slides, part 
number (P/N) 62292-105, 62292-106, 62293-105, or 62293-106. Aircraft 
on which no modification/replacement of escape slides at doors 2 and 
3 has been performed since embodiment of Airbus Modification 34989 
in production are not affected by the requirements of this AD.

Reason

    (d) Some cases of slide damage and deflation have been reported 
during deployment tests at doors 2 and 3 of the A321. Analysis has 
shown that the slide may inflate too fast compared to the associated 
door release. If there is a delay during the opening of the door, 
the inflatable slide may exercise pressure on this not yet opened 
door, which could result in damage to the inflatable slide. A slide 
not inflated correctly may disrupt passenger emergency evacuation. 
For such reason, this AD renders mandatory the removal of one of the 
two inflating vacuums in order to reduce the speed of the slide 
inflation.

Actions and Compliance

    (e) Unless already done, do the following actions except as 
stated in paragraph (f) below: Within 36 months after the effective 
date of this AD: Modify the slides, P/N 62292-105, 62292-106, 62293-
105, or 62293-106, in accordance with the instructions given in 
Airbus Service Bulletin A320-25-1416, dated May 20, 2005.

FAA AD Differences

    (f) None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
ATTN: Dan Rodina, Aerospace Safety 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; has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) Notification of Principal Inspector: 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.
    (3) Return to Airworthiness: When complying with this AD, 
perform FAA-approved corrective actions before returning the product 
to an airworthy condition.
    (4) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h)(1) This AD is related to MCAI French airworthiness directive 
F-2005-155, dated August 31, 2005, which references Airbus Service 
Bulletin A320-25-1416, dated May 20, 2005, for information on 
required actions.
    (2) Airbus Service Bulletin A320-25-1416, dated May 20, 2005, 
refers to Air Cruisers Service Bulletin, S.B. A321 005-25-15, dated 
May 30, 2005, as an additional source of service information for 
modifying the escape slides.

    Issued in Renton, Washington, on June 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5502 Filed 6-16-06; 8:45 am]
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