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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2006-26706; Directorate Identifier 2006-NM-216-AD; Amendment 39-14974; AD 2007-05-13] 
          - RIN 2120-AA64 

# AGENCY:

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

# ACTION:

Final rule. 

# SUMMARY:

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes. This AD requires installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable. This AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are issuing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane. 

# DATES:

This AD becomes effective April 12, 2007. 

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 12, 2007. 

# 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.                     

Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. 

# 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:

## Examining the Docket 

                    You may examine the airworthiness directive (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 street address stated in the                     **ADDRESSES**                     section.                 

## Discussion 

                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A319, A320, and A321 airplanes. That NPRM was published in the                     **Federal Register**                     on December 28, 2006 (71 FR 78105). That NPRM proposed to require installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable.                 

## Comments 

We provided the public the opportunity to participate in the development of this AD. We have considered the one comment received. The commenter, Airbus, the manufacturer, supports the NPRM. 

## New Revision of Service Bulletin 

Since we issued the NPRM, we have received Revision 02 of Airbus Service Bulletin A320-25-1294, dated September 5, 2006. Revision 02 was issued to update the effectivity and kit information. We have updated the service bulletin reference in paragraph (f) of the AD to be Revision 02, and added Revision 01 of the service bulletin to paragraph (g) of the AD, “Credit for Actions Done According to Previous Issues of Service Bulletin.” 

## Conclusion 

We have carefully reviewed the available data, including the single comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. 

## Costs of Compliance 

This AD affects about 1 airplane of U.S. registry. The required actions take about 4 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $2,049 per airplane. Based on these figures, the estimated cost of this AD for the U.S. operator is $2,369. 

## 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 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                           ( print page 10349)                        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. 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 

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. 

§ 39.13 

2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): 

**2007-05-13 Airbus:**                             Amendment 39-14974. Docket No. FAA-2006-26706; Directorate Identifier 2006-NM-216-AD.                         

## Effective Date 

(a) This AD becomes effective April 12, 2007. 

## Affected ADs 

(b) None. 

## Applicability 

(c) This AD applies to Airbus Model A319, A320, and A321 airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. This AD excludes Airbus Model A319, A320, and A321 airplanes identified in paragraph (c)(3) of this AD, certificated in any category. 

(1) Including airplanes on which one of the following has been incorporated in production: Airbus Modification 20065, 20040, 24495, 24848, 24496, 21895, 21896, 25905, 25907, 22601, 22602, 27187, 28319, 28322, 28330, 28335, or 31797. 

(2) Including airplanes on which one of the following has been incorporated in service: Airbus Service Bulletin A320-25-1132, A320-25-1133, A320-25-1145, A320-25-1175, A320-25-1177, A320-25-1276, A320-25-1278, A320-28-1134, or A320-28-1141. 

(3) Excluding airplanes on which both Airbus Modifications 32244 and 32245, or both Airbus Modifications 32316 and 32317, have been incorporated in production. 

## Unsafe Condition 

(d) This AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are issuing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane. 

## 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. 

## Installation 

(f) Within 36 months after the effective date of this AD, install spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1294, Revision 02, dated September 5, 2006. 

## Credit for Actions Done According to Previous Issues of Service Bulletin 

(g) Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A320-25-1294, dated March 14, 2003; and Revision 01, dated March 27, 2006; are acceptable for compliance with the corresponding requirements of paragraph (f) of this AD. 

## Alternative Methods of Compliance (AMOCs) 

(h)(1) 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. 

(2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. 

## Related Information 

(i) European Aviation Safety Agency (EASA) airworthiness directive 2006-0184, dated July 3, 2006, also addresses the subject of this AD. 

## Material Incorporated by Reference 

                            (j) You must use Airbus Service Bulletin A320-25-1294, Revision 02, dated September 5, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. 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/​cfr/​ibr-locations.html.*

Issued in Renton, Washington, on February 22, 2007. 

Ali Bahrami, 

Manager,  Transport Airplane Directorate, Aircraft Certification Service.

 [FR Doc. E7-3840 Filed 3-7-07; 8:45 am] 

BILLING CODE 4910-13-P