[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67359-67361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25640]



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  Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / 
Rules and Regulations  

[[Page 67359]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0342; Directorate Identifier 2007-NM-305-AD; 
Amendment 39-15706; AD 2008-22-10]
RIN 2120-AA64


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During planned maintenance visit on one A320 aircraft, a cross 
connection of the fire extinguishing circuit system was identified. 
In case of fire, this cross connection will activate (discharge) the 
wrong forward or aft cargo compartment fire extinguisher bottle.
    Failure to activate the correct bottle when required is 
classified as potentially catastrophic.

* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 19, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; 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 March 25, 2008 (73 
FR 15681). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During planned maintenance visit on one A320 aircraft, a cross 
connection of the fire extinguishing circuit system was identified. 
In case of fire, this cross connection will activate (discharge) the 
wrong forward or aft cargo compartment fire extinguisher bottle.
    Failure to activate the correct bottle when required is 
classified as potentially catastrophic.
    For the reasons described above, this AD requires a one-time 
inspection and check of the cargo firing circuit continuity to 
confirm the correct connection of the dedicated wires between the 
discharge pushbutton switches and the relevant cargo bottle.

Corrective action includes modifying the wiring connection on plug 
1505VC-A. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

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

Request To Revise Applicability

    Northwest Airlines (NWA) requests that we revise the applicability 
of the NPRM to state that the AD applies only to those airplanes 
produced before February 28, 2007 that have fewer than 8,000 total 
flight hours and that have not had Airbus A318/A319/A320/A321 
Maintenance Review Board Report (MRBR) Task 26.23.00/03 and 26.23.00/
07, or Airbus Service Bulletin A320-26A1068, dated March 19, 2007, 
accomplished.
    We disagree that the applicability needs to be clarified. Paragraph 
(c), ``Applicability,'' of the NPRM already excludes airplanes on which 
the MRBR tasks have been performed. Paragraph (f), ``Actions and 
Compliance,'' gives credit for airplanes on which the service bulletin 
has been accomplished before the effective date of this AD. These 
exclusions are valid no matter the number of total flight hours on the 
airplane. We have not changed the AD in this regard.

Clarifications of the AD

    We have clarified the applicability to include a reference to the 
German standard airworthiness certificate or original German export 
certificate of airworthiness. The applicability of the NPRM referred 
only to the French standard airworthiness certificate or original 
French export certificate of airworthiness. Some of the airplanes 
affected by this AD were produced in Germany.
    We have removed the reference to Airbus A318/A319/A320/A321 MRBR 
Task 26.23.00/03 or 26.23.00/07 in paragraph (f) of this AD to be 
consistent with FAA policy and Office of the Federal Register 
regulations. We may consider approving the use of Airbus A318/A319/
A320/A321 MRBR Task 26.23.00/03 or 26.23.00/07 as an alternative method 
of compliance with this AD, as provided by paragraph (g)(1) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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

[[Page 67360]]

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 highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 679 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $325,920, or $480 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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations office (telephone (800) 647-5527) 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:

2008-22-10 Airbus: Amendment 39-15706. Docket No. FAA-2008-0342; 
Directorate Identifier 2007-NM-305-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes, certificated in any category, all certified 
models; all serial numbers which have received an original French or 
German (as applicable) standard airworthiness certificate or 
original French or German (as applicable) export certificate of 
airworthiness prior to February 28, 2007, and have been fitted with 
a cargo compartment fire extinguisher bottle installed in 
production, or in service by an Airbus service bulletin; except 
airplanes on which Airbus A318/A319/A320/A321 Maintenance Review 
Board Report (MRBR) Task 26.23.00/03 or 26.23.00/07 has been 
performed.

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During planned maintenance visit on one A320 aircraft, a cross 
connection of the fire extinguishing circuit system was identified. 
In case of fire, this cross connection will activate (discharge) the 
wrong forward or aft cargo compartment fire extinguisher bottle.
    Failure to activate the correct bottle when required is 
classified as potentially catastrophic.
    For the reasons described above, this AD requires a one-time 
inspection and check of the cargo firing circuit continuity to 
confirm the correct connection of the dedicated wires between the 
discharge pushbutton switches and the relevant cargo bottle.

Corrective action includes modifying the wiring connection on plug 
1505VC-A.

Actions and Compliance

    (f) Within 600 flight hours after the effective date of this AD, 
unless already done, perform the inspection and continuity check of 
the cargo firing circuit and, before next flight, do applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A320-26A1068, 
Revision 01, dated July 19, 2007. Actions done before the effective 
date of this AD in accordance with Airbus Service Bulletin A320-
26A1068, dated March 19, 2007, are considered acceptable for 
compliance with the requirements of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

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, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim 
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) 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.
    (3) 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.

[[Page 67361]]

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0249, dated September 24, 2007; and 
Airbus Mandatory Service Bulletin A320-26A1068, Revision 01, dated 
July 19, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A320-26A1068, 
Revision 01, excluding Appendix 01, dated July 19, 2007, 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; 
telephone +33 5 61 93 33 33; Internet http://www.airbus.com. 
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25640 Filed 11-13-08; 8:45 am]
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