[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Proposed Rules]
[Pages 60444-60446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17006]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26051; Directorate Identifier 2006-NM-154-AD]
RIN 2120-AA64


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

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

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 aviation 
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 November 13, 
2006.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket 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 AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; 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. 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 FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26051; Directorate Identifier 2006-NM-154-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because 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 about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, has issued 
Airworthiness Directive 2006-0153, dated May 30, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that an operator reported black 
smoke at the rear of the fuselage during taxi after landing. The smoke 
was caused by a fire in the auxiliary power unit (APU) air intake. 
Analysis has demonstrated that following numerous unsuccessful APU 
start attempts in flight, there is a risk of reverse flow, leading to 
flame propagation to the APU air inlet and air intake duct. If this 
zone is

[[Page 60445]]

contaminated, a fire may be initiated. The flightcrew operating manual 
limits the number of APU start attempts as follows: After three starter 
motor duty cycles, wait 60 minutes before attempting three more cycles. 
The MCAI mandates repetitive inspections of the APU starter motor, APU 
inlet plenum, and APU air intake, as well as repetitive cleaning of the 
APU air intake; and applicable corrective actions. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-49-1068, Revision 01, dated 
February 2, 2006. The applicable corrective actions include replacement 
of the APU starter motor, if necessary. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This 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 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 
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 affect about 675 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $210,240, or $320 per product.

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 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 this 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.

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:

    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-2006-26051; Directorate Identifier 2006-NM-
154-AD.

Comments Due Date

    (a) We must receive comments by November 13, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320 and A321 
aircraft, all certified models, all serial numbers, certificated in 
any category.

Reason

    (d) An operator reported black smoke at the rear of the fuselage 
during taxi after landing. The smoke was caused by a fire in the 
auxiliary power unit (APU) air intake. Analysis has demonstrated 
that following numerous unsuccessful APU start attempts in flight, 
there is a risk of reverse flow, leading to flame propagation to the 
APU air inlet and air intake duct. If this zone is contaminated, a 
fire may be initiated. The flightcrew operating manual limits the 
number of APU start attempts as follows: After three starter motor 
duty cycles, wait 60 minutes before attempting three more cycles. 
The MCAI mandates repetitive inspections of the APU starter motor, 
APU inlet plenum, and APU air intake, as well as repetitive cleaning 
of the APU air intake; and applicable corrective actions.

Actions and Compliance

    (e) Unless already done, do the following actions except as 
stated in paragraph (f) below.
    (1) Within the next 600 flight hours following the effective 
date of this AD: Inspect the APU starter motor, APU air inlet 
plenum, and APU air intake, and do the applicable corrective actions 
before further flight, in accordance with the instructions given in 
Airbus Service Bulletin A320-49-1068, Revision 01, dated February 2, 
2006.
    (2) Repeat the inspection per above paragraph (e)(1) of this AD, 
at intervals not exceeding 600 flight hours.
    (3) Prior to the accumulation of 2,400 flight hours since the 
aircraft's first flight, or within the next 600 flight hours after 
the effective date of this AD, whichever occurs later, unless 
accomplished before the effective date of this AD in accordance with 
Airbus Service Bulletin A320-49-1068, dated June 2, 2005: Clean the 
APU air intake in accordance with the instructions given in Airbus 
Service Bulletin A320-49-1068, Revision 01, dated February 2, 2006.

[[Page 60446]]

    (4) Repeat the cleaning task per above paragraph (e)(3) of this 
AD, at intervals not exceeding 2,400 flight hours.

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, FAA, ATTN: Tim Dulin, Aerospace 
Engineer, International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-2141; fax (425) 227-1149, 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (4) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0153, dated May 30, 2006, which references Airbus 
Service Bulletin A320-49-1068, Revision 01, dated February 2, 2006, 
for related information.

    Issued in Renton, Washington, on October 4, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-17006 Filed 10-12-06; 8:45 am]
BILLING CODE 4910-13-P