[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Rules and Regulations]
[Pages 71342-71344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19023; Directorate Identifier 2004-NM-123-AD; 
Amendment 39-13899; AD 2004-25-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A318, A319, A320, and A321 series airplanes. This 
AD requires removing two maintenance lights in the hydraulics bay, 
disconnecting the wiring for the lights, and modifying the switches. 
This AD is prompted by underlying safety issues involved in fuel tank 
explosions on several large transport airplanes. We are issuing this AD 
to prevent an ignition source for fuel vapor in the hydraulics bay, 
which could result in fire or explosion in the adjacent center wing 
fuel tank.

DATES: This AD becomes effective January 13, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
January 13, 2005.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You 
can examine this information 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.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: 
    Technical information: 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.
    Plain language information: Marcia Walters, <a href="/cdn-cgi/l/email-protection#b9d4d8cbdad0d897ced8d5cddccbcaf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="e4898596878d85ca93858890819697a4828585ca838b92">[email protected]</span></a>.

Examining the Docket

    The AD docket contains the proposed AD, comments, and any final 
disposition. You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 
with an AD for certain Airbus Model A318, A319, A320, and A321 series 
airplanes. The proposed AD was published in the Federal Register on 
September 7, 2004 (69 FR 54055), to require removing two maintenance 
lights in the hydraulics bay, disconnecting the wiring for the lights, 
and modifying the switches.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Include a Terminating Action

    One commenter states that it has no objection to the proposed AD 
but requests that we revise the proposed AD to include a terminating 
action that includes installation of an explosion-proof lighting 
system.
    We acknowledge the commenter's request but do not concur. The 
commenter's request did not include any technical information about an 
explosion-proof lighting system, nor did it describe the procedures 
associated with installing such a system. Further, we do not know of 
any service information at this time that provides procedures for 
installing this type of system. Once such service information is 
available and approved, we may consider approving a request for an 
alternative method of compliance

[[Page 71343]]

(AMOC) for the requirements of this AD. No change has been made to the 
final rule.

Request To Provide Option of Deactivating Power

    One commenter requests that we revise the proposed AD to include an 
option that would allow an operator to deactivate the power to the 
subject maintenance lights by modifying certain switch wiring. The 
commenter notes that this modification would reduce the cost of 
deactivating the existing lights and allow easier installation when 
replacement lights are available. The commenter states that this 
modification ``would equally address the unsafe condition.''
    We do not concur with the commenter's request. The commenter did 
not provide any information on how it plans to modify the wiring to 
deactivate power to the subject maintenance lights. We may approve a 
request for an AMOC for the requirements of this AD if the commenter 
submits this request with technical data supporting its request. No 
change has been made to the final rule.

Conclusion

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

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Remove lights, disconnect wires, and modify                      3              $65              $70             $265              648         $171,720
 switches.........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, the FAA is charged with promoting 
safety 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 AD.

Regulatory Findings

    We have 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. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

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 airworthiness 
directive:

2004-25-11 Airbus: Amendment 39-13899. Docket No. FAA-2004-19023; 
Directorate Identifier 2004-NM-123-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
13, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes; certificated in any category; except those 
airplanes on which Airbus Modification 33518 has been accomplished 
in production.

Unsafe Condition

    (d) This AD was prompted by underlying safety issues involved in 
fuel tank explosions on several large transport airplanes. We are 
issuing this AD to prevent an ignition source for fuel vapor in the 
hydraulics bay, which could result in fire or explosion in the 
center wing fuel tank.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (f) Within 19 months after the effective date of this AD, remove 
maintenance lights 9LL and 10LL from the hydraulics bay, disconnect 
the wiring for the lights, and modify the 12LL switches. Do the 
actions in accordance with Airbus Service Bulletin A320-92-1032, 
dated March 8, 2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) French airworthiness directive F-2004-073, dated May 26, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-92-1032, dated 
March 8, 2004, to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The

[[Page 71344]]

Director of the Federal Register approves the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. For copies of the service information, contact Airbus, 
1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on November 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-26916 Filed 12-8-04; 8:45 am]
BILLING CODE 4910-13-P


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