[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Proposed Rules]
[Pages 4789-4791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1725]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 70, No. 19 / Monday, January 31, 2005 / 
Proposed Rules

[[Page 4789]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-175-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Model A319, A320, and A321 series airplanes. This 
proposed AD would require replacing the cargo ventilation extraction 
duct at frame 65 with a new duct, and relocating the temperature sensor 
in the aft cargo compartment. This proposed AD is prompted by a report 
indicating that, during a test of the fire extinguishing system, air 
leakage around the temperature sensor for the aft cargo compartment 
reduced the concentration of fire extinguishing agent to below the 
level required to suppress a fire. We are proposing this AD to prevent 
air leakage around the temperature sensor for the aft cargo 
compartment, which, in the event of a fire in the aft cargo 
compartment, could result in an insufficient concentration of fire 
extinguishing agent, and consequent inability of the fire extinguishing 
system to suppress the fire.

DATES: We must receive comments on this proposed AD by March 2, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this 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., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20166; the directorate identifier for this 
docket is 2004-NM-175-AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20166; 
Directorate Identifier 2004-NM-175-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    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. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified the FAA that 
an unsafe condition may exist on certain Airbus Model A319, A320, and 
A321 series airplanes. The DGAC advises that a test of the fire 
containment capability of the aft cargo compartment was performed on a 
Model A319 series airplane. The test revealed that the concentration of 
the halon fire extinguishing agent decreased below the level required 
to suppress a fire. Investigation revealed that the drop in the 
concentration of halon was due to too high a rate of air renewal in the 
compartment. Further investigation revealed that air leakage around the 
water drain valves in the forward and aft cargo doors and around the 
aft cargo compartment temperature sensor contributed to the reduced 
concentration of halon. The air leakage allowed the halon to leak out 
of the compartment, and the remaining concentration of halon was 
insufficient to suppress a fire. The DGAC states that a separate French 
airworthiness directive will address air leakage around the water drain 
valves. In the event of a fire in the aft cargo compartment, an 
insufficient concentration of fire extinguishing agent could result in 
the inability of the fire extinguishing system to suppress the fire.
    The aft cargo compartment temperature sensor installation on the 
Airbus A320 and A321 series airplanes

[[Page 4790]]

is similar to that of the Airbus A319 series airplanes; therefore, 
those airplanes may also be subject to this unsafe condition.

Relevant Service Information

    Airbus has issued Service Bulletin A320-21-1141, dated April 7, 
2004. The service bulletin describes procedures for relocating the 
temperature sensor in the aft cargo compartment. The procedures include 
replacing the duct at frame 65 with a new duct that can accommodate the 
temperature sensor and installing a placard, rerouting the sensor line, 
and installing the temperature sensor and associated hardware in the 
new duct. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. The 
DGAC mandated the service information and issued French airworthiness 
directive F-2004-123, dated July 21, 2004, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. According to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and French Airworthiness Directive.''

Difference Between the Proposed AD and French Airworthiness Directive

    The applicability of French airworthiness directive F-2004-123 
excludes airplanes that accomplished Airbus Service Bulletin A320-21-
1141 in service. However, we have not excluded those airplanes in the 
applicability of this proposed AD; rather, this proposed AD includes a 
requirement to accomplish the actions specified in that service 
bulletin. This requirement would ensure that the actions specified in 
the service bulletin and required by this proposed AD are accomplished 
on all affected airplanes. Operators must continue to operate the 
airplane in the configuration required by this proposed AD unless an 
alternative method of compliance is approved.

Costs of Compliance

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Average                                                         Number of
                                           Work      labor                                                            U.S.-
                Action                    hours    rate  per            Parts               Cost per  airplane     registered          Fleet cost
                                                      hour                                                          airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of duct/relocation of              34        $65  Between $7,000 and         Between $9,210 and               643  Between $5,922,030 and
 temperature sensor in aft cargo                               $11,640.                   $13,850.                              $8,905,550.
 compartment.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    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 proposed 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, Safety.

The Proposed Amendment

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


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-20166; Directorate Identifier 2004-NM-
175-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by March 2, 2005.

Affected ADs

    (b) None.

[[Page 4791]]

Applicability

    (c) This AD applies to Airbus Model A319, A320, and A321 series 
airplanes, certificated in any category; as identified in Table 1 of 
this AD.

                                             Table 1.--Applicability
----------------------------------------------------------------------------------------------------------------
                                                                                                       But not
                                                Having the                                           having the
                                                 following                                            following
                Airbus Model-                     Airbus        Or the following Airbus service        Airbus
                                               modification    bulletin incorporated in service-    modification
                                               installed in                                         installed in
                                                production-                                          production-
----------------------------------------------------------------------------------------------------------------
A319 series airplanes........................         24486  A320-21-1140.........................         32616
A320 series airplanes........................         20084  A320-21-1048.........................         32616
A321 series airplanes........................         22596  Not applicable.......................         32616
----------------------------------------------------------------------------------------------------------------

Unsafe Condition

    (d) This AD was prompted by a report that, during a test of the 
fire extinguishing system, air leakage around the temperature sensor 
for the aft cargo compartment reduced the concentration of fire 
extinguishing agent to below the level required to suppress a fire. 
We are issuing this AD to prevent air leakage around the temperature 
sensor for the aft cargo compartment, which, in the event of a fire 
in the aft cargo compartment, could result in an insufficient 
concentration of fire extinguishing agent, and consequent inability 
of the fire extinguishing system to suppress the fire.

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.

Relocation of Aft Cargo Compartment Temperature Sensor

    (f) Within 24 months after the effective date of this AD: 
Replace the ventilation extraction duct with a new duct and relocate 
the aft cargo compartment temperature sensor by accomplishing all of 
the actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A320-21-1141, dated April 7, 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-2004-123, dated July 21, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1725 Filed 1-28-05; 8:45 am]
BILLING CODE 4910-13-P