[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51686-51688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24846]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-48-AD; Amendment 39-11336; AD 99-20-06]
RIN 2120-AA64
Airworthiness Directives; Airbus Industrie Model A320 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Industrie Model A320 series airplanes,
that requires replacement of the disc valve and spring in the low
pressure non-return valve of the airborne ground check module (AGCM) of
the ram air turbine (RAT). This amendment is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified by this AD are intended
to prevent malfunction of the low pressure non-return valve in the
AGCM. If the RAT is being used due to the loss of other systems, a
malfunction of the valve could result in loss of the blue hydraulic
system, and consequent loss of certain flight control and electrical
systems of the airplane.
DATES: Effective October 29, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 29, 1999.
ADDRESSES: The Airbus Industrie service bulletin referenced in this AD
may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France. The Sundstrand service bulletin referenced
in this AD may be obtained from Sundstrand Aerospace, 4747 Harrison
Avenue, P.O. Box 7002, Rockford, Illinois 61125-7002. This information
may be examined at the Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Airbus Industrie Model
A320 series airplanes was published in the Federal Register on June 28,
1999 (64 FR 34588). That action proposed to require replacement of the
disc valve and spring in the low pressure non-return valve of the
airborne ground check module (AGCM) of the ram air turbine (RAT).
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Support for the Proposal
Three commenters support the proposed rule.
Request To Revise Cost Impact Information
One commenter states that the FAA has underestimated the cost
impact of the proposed AD. The commenter indicates that the proposed
service bulletins will require a total of 4.25 work hours per airplane
to accomplish, and requests that the cost estimate of the proposed rule
be revised to reflect that work-hour total.
The FAA does not concur with the request to revise the cost impact
information of this final rule, which describes only the ``direct''
costs of the specific actions required by this AD. The number of work
hours necessary to accomplish the required actions (1 work hour) was
provided to the FAA by the manufacturer based on the best data
available to date. This number represents the time necessary to perform
only the actions actually required by this AD. The FAA recognizes that,
in accomplishing the requirements of any AD, operators may incur
``incidental'' costs in addition to the ``direct'' costs. The cost
analysis in AD rulemaking actions, however, typically does not include
incidental costs, such as the time required to gain access and close
up; planning time; or time necessitated by other administrative
actions. Because incidental costs may vary significantly from operator
to operator, they are almost impossible to calculate.
Request for Revision of Applicability
One commenter does not agree that the proposed AD should be
applicable to its fleet since its airplanes were equipped with Airbus
Modification 27189 at production, which allows installation of a new
Sundstrand RAT, and deletes the requirement for an airborne ground
check module (AGCM).
[[Page 51687]]
The commenter adds that Airbus Service Bulletin A320-29-1086 (which was
cited as the appropriate source of service information for
accomplishment of the actions in the proposed AD) erroneously lists its
airplanes as being affected.
The FAA concurs with the request to revise the applicability of the
final rule. The discrepancy involving those misidentified airplanes has
been clarified with Airbus Industrie as a typographical error and will
be corrected in the next revision to the service bulletin. The FAA
notes that the applicability of the proposed rule does not specifically
reference airplanes listed in the effectivity of the service bulletin.
However, the applicability of the final rule has been revised to
exclude those airplanes on which Airbus Modification 27189 was
installed in production.
Request To Allow Later Revisions of Service Bulletins
This same commenter requests that later revision levels of Airbus
Service Bulletin A320-29-1086 be reflected in the applicability of the
proposed AD. As support, the commenter indicates that, if its airplanes
are removed from the effectivity in subsequent revisions of the service
bulletin, those airplanes would not be included in the applicability of
the proposed AD.
Although the FAA agrees that the service bulletin revision proposed
by Airbus would in effect remove those certain airplanes from the
applicability of the final rule, the FAA does not concur with the
request to revise the AD to reflect later service bulletin revisions.
Where a specific service bulletin is referenced in an AD, the use of
the phrase, ``or later FAA-appproved revisions,'' violates Office of
the Federal Register regulations regarding approval of materials that
are incorporated by reference. However, as stated previously, the FAA
has revised the applicability of the final rule to exclude airplanes on
which Airbus Modification 27189 has been accomplished; therefore,
further revision of the applicability will not be necessary.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change described
previously. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 165 Model A320 series airplanes of U.S.
registry will be affected by this AD, that it will take approximately 1
work hour per airplane to accomplish the required replacement, and that
the average labor rate is $60 per work hour. Required parts will be
provided by the manufacturer at no cost to the operators. Based on
these figures, the cost impact of the AD on U.S. operators is estimated
to be $9,900, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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:
99-20-06 Airbus Industrie: Amendment 39-11336. Docket 99-NM-48-AD.
Applicability: Model A320 series airplanes, certificated in any
category; except those airplanes on which Airbus Industrie
Modification 27728 or 27189 has been installed in production, or on
which Airbus Industrie Service Bulletin A320-29-1086 has been
accomplished.
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 malfunction of the low pressure non-return valve in
the airborne ground check module (AGCM) of the ram air turbine
(RAT), which could result in loss of the blue hydraulic system, and
consequent loss of certain flight control and electrical systems,
accomplish the following:
Replacement
(a) Within 12 months after the effective date of this AD,
replace the disc valve and spring in the low pressure non-return
valve in the AGCM with a new poppet, and re-identify the AGCM name
plate, in accordance with Airbus Industrie Service Bulletin A320-29-
1086, dated October 19, 1998, or Revision 01, dated March 9, 1999;
and Sundstrand Service Bulletin ERPS13GCM-29-3, dated June 24, 1998.
Alternative Methods 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,
Transport Airplane Directorate. 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
[[Page 51688]]
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.
Incorporation by Reference
(d) The actions shall be done in accordance with Airbus
Industrie Service Bulletin A320-29-1086, dated October 19, 1998, or
Airbus Industrie Service Bulletin A320-29-1086, Revision 01, dated
March 9, 1999; and Sundstrand Service Bulletin ERPS13GCM-29-3, dated
June 24, 1998. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies of the Airbus Industrie service bulletin
may be obtained from Airbus Industrie, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France. Copies of the Sundstrand
service bulletin may be obtained from Sundstrand Aerospace, 4747
Harrison Avenue, P.O. Box 7002, Rockford, Illinois 61125-7002.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
Note 3: The subject of this AD is addressed in French
airworthiness directive 98-537-124(B), dated December 30, 1998.
(e) This amendment becomes effective on October 29, 1999.
Issued in Renton, Washington, on September 17, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-24846 Filed 9-23-99; 8:45 am]
BILLING CODE 4910-13-U
