[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Proposed Rules]
[Pages 58111-58112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21817]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-257-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to certain 
Airbus Model A319, A320, and A321 series airplanes. That action would 
have required replacement of the lightweight tailpipes of the auxiliary 
power units (APU). Since the issuance of the NPRM, the Federal Aviation 
Administration (FAA) has received additional information, based on 
which we have determined that the tailpipes are very light, and that 
the chances of any injury to persons or damage to equipment from the 
part being ejected from the APU exhaust duct are minimal. Also, we have 
determined that 100 percent of the U.S. operators have done the 
proposed replacement. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer; 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1112; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to certain Airbus Model A319, A320, and A321 
series airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on June 18, 2004 (69 FR 34096). The proposed 
rule would have required replacement of the lightweight tailpipes of 
the APU. That action was prompted by reports that stress cracking 
stemming from design issues had been discovered in the inner liners of 
the lightweight tailpipes of certain APUs. The proposed actions were 
intended to prevent stress cracking of the tailpipe inner liner from 
possibly causing the tailpipe to become separated from the APU during 
operation, which could have posed a hazard to persons on the ground.

Actions that Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, we have received additional 
information. The failed part, a sheet metal ring that forms a portion 
of the tailpipe, weighs less than one pound. If the part does fail and 
come off, it will blow out the back and not interfere with continued 
APU or airplane operation. We have determined that the probability of 
any injury to persons or damage to equipment from the part being 
ejected from the APU exhaust duct is minimal. Also, we have determined 
that 100 percent of the U.S. operators have done the proposed 
replacement.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the 
identified unsafe condition does not exist on the affected airplanes. 
Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility

[[Page 58112]]

Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 
26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 2002-NM-257-
AD, published in the Federal Register on June 18, 2004 (69 FR 34096), 
is withdrawn.

    Issued in Renton, Washington, on September 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21817 Filed 9-28-04; 8:45 am]
BILLING CODE 4910-13-P