[Federal Register: November 21, 2002 (Volume 67, Number 225)]
[Proposed Rules]
[Page 70192-70193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no02-34]
[[Page 70192]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-411-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319-131 and -132; A320-
231, -232, and -233; and A321-131 and -231 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Airbus Model A319-131 and -132;
A320-231, -232, and -233; and A321-131 and -231 series airplanes, that
would have required installing new anti-swivel plates and weights on
the engine fan cowl door latches. This new action revises the proposed
rule by adding airplanes to the applicability and a requirement to
install a new hold-open device. This action specified by this new
proposed AD is necessary to prevent separation of the engine fan cowl
door from the airplane in flight, which could result in damage to the
airplane and hazards to persons or property on the ground. This action
is intended to address the identified unsafe condition.
DATES: Comments must be received by December 16, 2002.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2000-NM-411-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
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
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2000-NM-411-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2000-NM-411-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Airbus Model A319-131 and ``132; A320-231, -232, and ``233; and
A321-131 and -231 series airplanes, was published as a notice of
proposed rulemaking (NPRM) in the Federal Register on September 4, 2001
(66 FR 46246). That NPRM would have required installing new anti-swivel
plates and weights on the engine fan cowl door latches. That NPRM was
prompted by several incidents in which the fan cowl door on an
International Aero Engine Model V2500 engine separated from the
airplane during takeoff because the door was not fully latched prior to
dispatch. That condition, if not corrected, could result in damage to
the airplane and hazards to persons or property on the ground.
Actions Since Issuance of Previous Proposal
Due consideration has been given to the comment received in
response to the NPRM:
One commenter requests that the NPRM be revised to mandate Airbus
Service Bulletin A320-71-1028, dated March 23, 2001, and to update the
applicability, as specified in French airworthiness directive, 2001-
381(B), dated September 5, 2001. The commenter states that French
airworthiness directive 2001-381(B) supersedes French airworthiness
directive 2000-444-156(B), dated October 31, 2000, which was referenced
in the NPRM.
The FAA agrees. Since the issuance of the NPRM, the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, issued French airworthiness
directive 2001-381(B) to introduce an additional fan cowl latch
improvement by installing a hold-open device and to revise the service
information referenced in the applicability. That French airworthiness
directive cancels French airworthiness directive 2000-444-156(B), which
was referenced in the original NPRM.
In addition, Airbus has issued Service Bulletin A320-71-1028, dated
March 23, 2001, which describes procedures for modification of the door
latches of the fan cowl of both engines (i.e., installation of new
anti-swivel plates and weights), and installation of a new hold-open
device; as applicable. Accomplishment of the actions specified in the
service bulletin is
[[Page 70193]]
intended to adequately address the identified unsafe condition.
The DGAC classified this service bulletin as mandatory and issued
French airworthiness directive 2001-381(B) in order to assure the
continued airworthiness of these airplanes in France. Therefore, we
have revised this supplemental NPRM to parallel that French
airworthiness directive.
Conclusion
Since these changes expand the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Cost Impact
The FAA estimates that 154 airplanes of U.S. registry would be
affected by this proposed AD.
For certain airplanes, it would take approximately 5 work hours per
airplane to accomplish the proposed modification (i.e., installation of
new anti-swivel plates and weights), and that the average labor rate is
$60 per work hour. Required parts would cost approximately $1,400 per
airplane. Based on these figures, the cost impact of the modification
proposed by this AD on U.S. operators is estimated to be $1,700 per
airplane.
For all airplanes, it would take approximately 3 work hours per
airplane to accomplish the proposed installation of the hold-open
device, and that the average labor rate is $60 per work hour. Required
parts would cost approximately $100 per airplane. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $43,120, or $280 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Airbus: Docket 2000-NM-411-AD.
Applicability: Model A319-131 and -132; A320-231, -232, and -
233; and A321-131 and -231 series airplanes; certificated in any
category; except those airplanes on which the following have been
incorporated: Airbus Modifications 21948/P6222 and 30869 in
production; Airbus Modifications 24259/P6222 and 30869 in
production; Airbus Modifications 24259/P6222 and 24259/P6473 in
production; or Airbus Service Bulletin A320-71-1028, dated March 23,
2001, in-service.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent separation of the engine fan cowl door from the
airplane in flight, which could result in damage to the airplane and
hazards to persons or property on the ground, accomplish the
following:
Modification and/or Installation
(a) Within 18 months after the effective date of this AD, do the
action(s) specified in paragraph (a)(1) or (a)(2) of this AD, as
applicable.
(1) For Configuration 01 airplanes identified in Airbus Service
Bulletin A320-71-1028, dated March 23, 2001: Modify the door latches
of the fan cowl of both engines (i.e., installation of new anti-
swivel plates and weights), and install a new hold-open device, per
the service bulletin.
(2) For Configuration 02 airplanes identified in Airbus Service
Bulletin A320-71-1028, dated March 23, 2001: Install a new hold-open
device per the service bulletin.
Alternative Method Of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in French
airworthiness directive 2001-381(B), dated September 5, 2001.
Issued in Renton, Washington, on November 15, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 02-29679 Filed 11-20-02; 8:45 am]
BILLING CODE 4910-13-P