AD Amdt-39-11336

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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