AD 2006-07-03

[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16021-16023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 06-2959]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22456; Directorate Identifier 2005-NM-128-AD; 
Amendment 39-14530; AD 2006-07-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A321-100 and -200 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A321-100 and -200 series airplanes. This AD 
requires replacing the crashworthiness pins on the side-stay of the 
main landing gear (MLG) with new pins having an increased internal 
notch diameter. This AD results from testing on the side-stay 
crashworthiness pins on the MLG, which revealed that, in the case of an 
emergency landing, the crashworthiness pins installed will not ensure a 
correct MLG collapse. We are issuing this AD to prevent a punctured 
fuel tank, which could cause damage to the airplane or injury to 
passengers.

DATES: This AD becomes effective May 4, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 4, 2006.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 98055-4056; 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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 
A321-100 and -200 series airplanes. That NPRM was published in the 
Federal Register on September 19, 2005 (70 FR 54854). That NPRM 
proposed to require replacing the crashworthiness pins on the side-stay 
of the main landing gear (MLG) with new pins having an increased 
internal notch diameter.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Refer to Parts Manufacturer Approval (PMA) Parts

    One commenter requests that we change the language in the proposed 
AD to permit installation of PMA equivalent parts. The commenter notes 
that it is possible that a new and improved PMA version of the 
defective original part may already exist in the marketplace. The 
commenter states that the mandated installation of a certain part 
number ``places the AD in conflict with existing law (FAR 21.303),'' 
which permits the installation of other (PMA) parts.
    We infer that the commenter would like the AD to permit 
installation of any equivalent PMA parts so that it would not be 
necessary for an operator to request approval of an alternative method 
of compliance (AMOC) in order to install an ``equivalent'' PMA part. 
Whether an alternative part is ``equivalent'' in adequately resolving 
the unsafe condition can be determined only on a case-by-case basis 
based on a complete understanding of the unsafe condition. We are not 
currently aware of any such parts. According to our policy, in order 
for operators to replace a part with one that is not specified in the 
AD, they must request an AMOC. This is necessary so that we can make a 
specific determination that an alternative part is

[[Page 16022]]

or is not susceptible to the same unsafe condition.
    The commenter's statement regarding a ``conflict with existing law 
(FAR 21.303),'' under which the FAA issues PMAs, appears to reflect a 
misunderstanding of the relationship between ADs and the certification 
procedural regulations of part 21 of the Federal Aviation Regulations 
(14 CFR part 21). Those regulations, including section 21.303 of the 
Federal Aviation Regulations (14 CFR 21.303), are intended to ensure 
that aeronautical products and parts are safe. But ADs are issued when, 
notwithstanding those procedures, we become aware of unsafe conditions 
in these products or parts. Therefore, an AD takes precedence over 
other ``approvals'' when we identify an unsafe condition, and mandating 
installation of a certain part number in an AD does not conflict with 
section Sec.  21.303.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. We have not 
changed this final rule regarding this issue.

Request To Address Defective PMA Parts

    The same commenter also requests that the proposed AD be revised to 
cover potentially defective PMA alternative parts, rather than just a 
single part number, so that those defective PMA parts also are subject 
to the proposed AD.
    We concur with the commenter's general request that, if we know 
that an unsafe condition might exist in PMA parts, the AD should 
address those parts, as well as the original parts. The commenter's 
remarks are timely in that the Transport Airplane Directorate is in the 
process of reviewing this issue as it applies to transport category 
airplanes. We acknowledge that there may be other ways of addressing 
this issue to ensure that unsafe PMA parts are identified and 
addressed. Once we have thoroughly examined all aspects of this issue, 
including input from industry, and have made a final determination, we 
will consider whether our policy regarding addressing PMA parts in ADs 
needs to be revised. We have determined that an unsafe condition exists 
and that certain parts must be replaced to ensure continued safety, so 
we consider delaying this AD action inappropriate. We have not changed 
this final rule regarding this issue.

Comment Regarding Fleet Status

    The manufacturer reports that the sole affected U.S. airplane, and 
83 out of 108 airplanes worldwide, have been retrofitted with the new 
crashworthiness pins--mitigating the impact of this AD on the fleet.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

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

Costs of Compliance

    As stated previously, the manufacturer advises that the sole U.S.-
registered airplane is in compliance with the requirements of this AD. 
Therefore, this AD currently imposes no additional financial burden on 
any U.S. operator.
    The following table provides the estimated costs that would be 
incurred by any unmodified airplane imported and placed on the U.S. 
Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                Average labor                        Cost per
                   Action                        Work hours     rate per hour        Parts           airplane
----------------------------------------------------------------------------------------------------------------
Pin replacement.............................               2              $65               $0             $130
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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 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.

[[Page 16023]]

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

2006-07-03 Airbus: Amendment 39-14530. Docket No. FAA-2005-22456; 
Directorate Identifier 2005-NM-128-AD.

Effective Date

    (a) This AD becomes effective May 4, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A321-111, -112, and -131 
airplanes; and Model A321-211 and -231 airplanes; certificated in 
any category; including airplanes modified in production by Airbus 
Modification 24982, but excluding airplanes modified in production 
by Airbus Modification 30046.

Unsafe Condition

    (d) This AD results from testing on the side-stay 
crashworthiness pins on the main landing gear (MLG), which revealed 
that, in the case of an emergency landing, the crashworthiness pins 
installed will not ensure a correct MLG collapse. We are issuing 
this AD to prevent a punctured fuel tank, which could cause damage 
to the airplane or injury to passengers.

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.

Pin Replacement

    (f) Within 27 months after the effective date of this AD, 
replace any crashworthiness pin having part number 201525620 with 
part number 201525621, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-32-1229, dated August 
9, 2001.


    Note 1: Airbus Service Bulletin A320-32-1229 refers to Messier-
Dowty Service Bulletin 201-32-26, dated July 20, 2001, as an 
additional source of service information for replacing the 
crashworthiness pins.

Alternative Methods of Compliance (AMOCs)

    (g)(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 14 CFR 
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

    (h) French airworthiness directive 2002-074(B) R1, dated March 
20, 2002, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-32-1229, dated 
August 9, 2001, 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 Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on March 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2959 Filed 3-29-06; 8:45 am]
BILLING CODE 4910-13-P