[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Rules and Regulations]
[Pages 61646-61648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17420]


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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; 
Amendment 39-14792; AD 2006-21-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective November 24, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 24, 
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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 19, 2006 (71 FR 
35220). That NPRM proposed to require the removal of one of the two 
inflating vacuums in order to reduce the speed of the slide inflation.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Requests To Change Compliance Time

    Airbus concurs with the contents of the NPRM. Airbus notes that 
French airworthiness directive F-2005-155, dated August 31, 2005, 
mandated corrective actions be done before September 10, 2008; however, 
the NPRM proposes accomplishing the modification within 3 years after 
the effective date of the AD. Airbus notes that the current compliance 
time would give operators until the last quarter of 2009 to accomplish 
the required modification.
    The Air Transport Association (ATA), on behalf of its members and 
U.S. Airways, asks that the compliance time for the modification 
specified in the NPRM be extended to 42 months. The ATA states that its 
members generally support the intent of the AD, and have been in lead 
airline discussions with Airbus and Messier on the referenced service 
bulletins. The commenters state that to comply with the work 
instructions specified in the referenced Air Cruisers service 
bulletins, the affected slides must be sent to the original equipment 
manufacturer (OEM) for modification. Due to this fact, more time is 
necessary for accomplishing the modification.
    We do not agree with the requests to either reduce or extend the 
compliance time. The 36-month compliance time required by this AD 
reflects an equivalent amount of time specified by the French 
airworthiness directive. In developing an appropriate compliance time 
for this action, we considered the safety implications, parts 
availability, and normal maintenance schedules for the timely 
accomplishment of the modification. In consideration of these items, as 
well as the reports of slide damage and deflation during deployment 
tests, we have determined that the 36-month compliance time required by 
this AD will ensure an acceptable level of safety and allow the 
modifications to be done during scheduled maintenance intervals for 
most affected operators. In addition, if the slides are sent to the OEM 
for modification, the compliance time is more than adequate to cover 
such circumstances. We have made no change to the AD in this regard.

Request To Change/Clarify Certain Procedures

    The Modification and Replacement Parts Association (MARPA) provided 
the following comments to the NPRM.
     MARPA states that paragraph (e) of the NPRM requires work 
to be accomplished as specified in a particular Airbus service 
bulletin.

[[Page 61647]]

MARPA adds that manufacturer's service documents are privately authored 
instruments, generally having copyright protection against duplication 
and distribution. When a service document is incorporated by reference 
into a public document, such as an airworthiness directive, pursuant to 
5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, protected 
status and becomes a public document. MARPA notes that the NPRM is one 
of these public documents, but does not incorporate by reference that 
service document. Therefore, the NPRM, as proposed, attempts to require 
compliance with a public law by reference to a private writing. MARPA 
believes that public laws, by definition, should be public, and asks 
that the referenced Airbus service bulletin be incorporated by 
reference into the AD.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(OFR) requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
document necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
     MARPA also states that service documents incorporated by 
reference should be made available to the public by publication in 
either the Federal Register or the Docket Management System (DMS), 
keyed to the action that incorporates those documents. The stated 
purpose of the incorporation by reference method is brevity, to keep 
from expanding the Federal Register needlessly by publishing documents 
already in the hands of the affected individuals. MARPA adds that, 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing, and/or servicing alternatively certified parts 
under section 21.303 (``Parts Manufacturer Approval''), of the Federal 
Aviation Regulations (14 CFR 21.303). MARPA states that the concept of 
brevity is now nearly archaic as documents exist more frequently in 
electronic format than on paper. Therefore, MARPA asks that the 
referenced Airbus service bulletin be published either in the Federal 
Register or on DMS.
    In regard to the commenter's request that service documents be made 
available to the public by publication in the Federal Register, we 
agree that incorporation by reference was authorized to reduce the 
volume of material published in the Federal Register and the Code of 
Federal Regulations. However, as specified in the Federal Register 
Document Drafting Handbook, the Director of the Office of the OFR 
decides when an agency may incorporate material by reference. As the 
commenter is aware, the OFR files documents for public inspection on 
the workday before the date of publication of the rule at its office in 
Washington, DC. As stated in the Federal Register Document Drafting 
Handbook, when documents are filed for public inspection, anyone may 
inspect or copy file documents during the OFR's hours of business. 
Further questions regarding publication of documents in the Federal 
Register or incorporation by reference should be directed to the OFR.
    In regard to the commenter's request to post service bulletins on 
DMS, we are currently in the process of reviewing issues surrounding 
the posting of service bulletins on DMS as part of an AD docket. Once 
we have thoroughly examined all aspects of this issue and have made a 
final determination, we will consider whether our current practice 
needs to be revised. No change to the final rule is necessary in 
response to this comment.
     In addition, MARPA states that paragraph (g)(3) of the 
NPRM is vague. MARPA adds that courts have universally held that 
requirements are unenforceable if they are too vague to convey to a 
reasonable person the specific acts that are required or proscribed by 
the rule.
    We partially agree with MARPA. We are considering clarifying the 
text of paragraph (g)(3) in future ADs to more clearly remind operators 
they are required to assure a product is airworthy before it is 
returned to service. However, we consider the existing text to be 
legally enforceable since it requires performing FAA-approved 
corrective actions before returning the product to an airworthy 
condition. No change is required to this final rule in that regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed.

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 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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
about 37 products of U.S. registry. We also estimate that it takes 
about 5 work hours per product to do the actions and that the average 
labor rate is $80 per work hour. Required parts 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 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 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

[[Page 61648]]

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 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.

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 the NPRM, 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

2006-21-07 Airbus: Amendment 39-14792. Docket No. FAA-2006-25060; 
Directorate Identifier 2006-NM-119-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
24, 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 98057-3356; 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.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-25-1416, dated May 
20, 2005, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-17420 Filed 10-18-06; 8:45 am]
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