[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28238-28240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11027]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-046-AD;
Amendment 39-17042; AD 2012-09-07]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A319-111, -112, and -132 airplanes; Model A320-111, -211,
-212, -214 and -232 airplanes; and Model A321-111, -211, -212, and -231
airplanes. This AD was prompted by reports that corrosion was found on
the overwing refueling aperture on the top wing skin, and that for
certain airplanes, repairs made using primer coating may prevent proper
electrical bonding provision between the overwing refueling cap adaptor
and the wing skin. This AD requires performing an electrical bonding
test between the gravity fill re-fuel adaptor and the top skin panels
on the left-hand and right-hand wings, and if necessary performing a
general visual inspection for corrosion of the component interface and
adjacent area, and repairing the gravity fuel adaptor if any corrosion
is found. We are issuing this AD to detect and correct corrosion and
improper bonding, which in combination with a lightning strike in this
area, could create a source of ignition in a fuel tank, resulting in a
fire or explosion, and consequent loss of the airplane.
DATES: This AD becomes effective June 18, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 18,
2012.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 5, 2011 (76
FR 61641). That NPRM proposed to require correct an unsafe condition
for the specified products. The MCAI states:
Cases of corrosion findings have been reported on the overwing
refueling aperture (used to fill the fuel tank by gravity) on the
wing top skin. The reported corrosion was on the mating surface of
the aperture flange, underneath the refuel adaptor. Corrosion
findings have been repaired on a case by case basis in accordance
with approved data.
For certain aeroplanes (identified by MSN in the applicability
section of this [European Aviation Safety Agency (EASA)] AD, the
provided repair contained instructions to apply primer coating on
the mating surface. Since doing those repairs, it has been found
that this primer coating may prevent proper electrical bonding
provision between the overwing refuelling cap adaptor and the wing
skin.
This condition, if not corrected, could, in combination with a
lightning strike in this area, create a source of ignition in a fuel
tank, possibly resulting in a fire or explosion and consequent loss
of the aeroplane.
For the reasons described above, this [EASA] AD requires a one-
time electrical bonding check between the gravity fill re-fuel
adaptor and the top skin panels on the affected aeroplanes and, in
case of findings [a general visual inspection for corrosion of the
component interface and adjacent area], the application of the
associated corrective actions [i.e. repair].
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Request To Permit a Ferry Flight
US Airways stated that there currently is no fly-back allowance in
the NPRM (76 FR 61641, October 5, 2011). US Airways also stated that
this makes it difficult for airlines to schedule the inspection
quickly, which is the most desirable situation.
We infer that US Airways is requesting a ferry flight permit. We
partially agree with this request. Unless otherwise specified in the
AD, special flight permits are currently allowed under section 39.23 of
the Federal Aviation Regulations (14 CFR 39.23). No change is therefore
necessary to the AD regarding this issue.
[[Page 28239]]
Request That the FAA Accept Published Service Repair Manual (SRM)
Repairs as an FAA-Approved Corrective Action for Compliance With the AD
US Airways stated that it asked Airbus to provide an SRM repair for
expected findings, and that it has been informed by Airbus that a
repair design was expected to be published in the February 2012
revision of the SRM. US Airways requested that a statement in the final
rule be added to acknowledge that published SRM repairs are a FAA-
approved corrective action for the proposed AD (76 FR 61641, October 5,
2011).
We partially agree with US Airways' request. We understand US
Airways' concern regarding the unavailability of repair procedures and
its effect on their scheduling of repairs since a discrepancy requires
repair before further flight. However, we cannot provide approval of
future SRM repairs in an AD by using the phrase, ``or later FAA-
approved revisions,'' because it violates the Office of the Federal
Register regulations for approving materials that are incorporated by
reference. However, we consider that service information (including SRM
repair) approved by EASA (or its delegated agent) is equivalent to FAA-
approved corrective action for this AD, if it meets the certification
basis of the affected airplanes and mitigates the unsafe condition
addressed in this AD. We have not changed this AD in this regard.
Request To Revise the Costs of Compliance
United Airlines requested that the ``Costs of Compliance'' section
of the NPRM (76 FR 61641, October 5, 2011) be revised. United Airlines
stated that under the ``Costs of Compliance'' section in the NPRM, an
estimate of 6 work-hours is specified to comply with the NPRM. United
Airlines stated that Airbus Service Bulletin A320-57-1152, dated June
14, 2010, specifies a total of 12.5 work-hours to accomplish this
inspection. United Airlines stated that Airbus Service Bulletin A320-
57-1152, dated June 14, 2010, provides a more accurate representation
of the work-hours required for this task, and it requests that the FAA
justify its proposed estimate of 6 work-hours required to comply with
the NPRM.
In addition, United Airlines stated that, when accomplishing
paragraph (g)(2) of the NPRM (76 FR 61641, October 5, 2011), which
requires performing a general visual inspection for corrosion if the
resistance value is greater than 10 milliOhms, the operator is directed
to section. 3.C.(2) of the Accomplishment Instructions, Subtask 571152-
832-401-001--Removal of Primer--Inspection for Corrosion, of Airbus
Service Bulletin A320-57-1152, dated June 14, 2010. United Airlines
stated that this subtask's ``Manpower Resources'' chart specifies that
it takes ``5 man-hours and 2.5 hours elapsed time'' to complete that
part of that service bulletin, and that under this subtask, Step (a),
among other actions, requires defueling and venting of the two fuel
tanks. United Airlines also stated that operator experience has shown
that this procedure alone takes about ``8 man-hours and 4 hours of
elapsed time.'' United Airlines stated it understands that it is not
standard practice to propose manufacturers' service bulletin changes
through the FAA, but it would like to offer a more accurate estimate of
at least ``10 man-hours and 6 hours elapsed time,'' in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-57-
1152, dated June 14, 2010.
We agree with United Airlines' request to revise the ``Costs of
Compliance'' section of this AD. We have clarified the ``Costs of
Compliance'' section by estimating that it would take about 2 work-
hours to perform the initial action (electrical bonding test). In
addition, we have estimated that it would take about 12 work-hours to
perform the follow-on actions (inspection for corrosion and repair). We
have changed this AD accordingly.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed-except for minor editorial changes. We have
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 61641, October 5, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 61641, October 5, 2011).
Costs of Compliance
We estimate that this AD will affect 67 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements (electrical bonding test) of this
AD. The average labor rate is $85 per work-hour. Based on these
figures, we estimate the cost of this AD to the U.S. operators to be
$11,390, or $170 per product.
In addition, we estimate that any necessary follow-on actions
(inspection for corrosion and repair) would take about 12 work-hours
and require parts costing $0, for a cost of $1,020 per product. We have
no way of determining the number of products that may need these
actions.
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 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket
[[Page 28240]]
contains the NPRM (76 FR 61641, October 5, 2011), the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 FAA amends Sec. 39.13 by adding the following new AD:
2012-09-07 Airbus: Amendment 39-17042. Docket No. FAA-2011-0998;
Directorate Identifier 2011-NM-046-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective June 18,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Model A319-111, -112, and -132
airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; and
Model A321-111, -211, -212, and -231 airplanes; certificated in any
category; having manufacturer serial numbers 0039, 0078, 0109, 0118,
0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236,
0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337,
0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921,
0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287,
1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616,
1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905.
(d) Subject
Air Transport Association (ATA) of America Code 57: Wings.
(e) Reason
This AD was prompted by reports that corrosion was found on the
overwing refueling aperture on the top wing skin, and that for
certain airplanes, repairs made using primer coating may prevent
proper electrical bonding provision between the overwing refueling
cap adaptor and the wing skin. We are issuing this AD to detect and
correct corrosion and improper bonding, which in combination with a
lightning strike in this area, could create a source of ignition in
a fuel tank, resulting in a fire or explosion, and consequent loss
of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Electrical Bonding Test and General Visual Inspection if Necessary
Within 24 months after the effective date of this AD, do an
electrical bonding test to check for bonding between the re-fuel
adaptor of the gravity fill and the top skin panels on the left-hand
and right-hand wings, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-57-1152, dated June 14,
2010.
(1) If the resistance value is 10 milliOhms or less at the left-
hand and right-hand wing, no further action is required.
(2) If the resistance value is greater than 10 milliOhms at the
left-hand or right-hand wing, before further flight, do a general
visual inspection for corrosion of the component interface and
adjacent area, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1152, dated June 14, 2010. If any
corrosion is found during the inspection, before further flight,
repair the gravity fill fuel adaptor, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57-1152,
dated June 14, 2010; except where Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, specifies to contact Airbus, before
further flight, repair using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent).
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(i) Related Information
Refer to MCAI EASA Airworthiness Directive 2011-0034, dated
March 2, 2011; and Airbus Service Bulletin A320-57-1152, dated June
14, 2010; for related information.
(j) Material Incorporated by Reference
(1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
(i) Airbus Service Bulletin A320-57-1152, dated June 14, 2010.
(2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 30, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-11027 Filed 5-11-12; 8:45 am]
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