[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21230-21233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08068]
[[Page 21230]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1105; Directorate Identifier 2012-NM-137-AD;
Amendment 39-17406; AD 2013-07-02]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A320 series airplanes. This AD was
prompted by fuel system reviews conducted by the manufacturer, which
revealed that certain fuel pumps under certain conditions can create an
ignition source in the fuel tank. This AD requires modification of the
center tank fuel pump control circuit by installation of ground fault
interrupters (GFIs). This AD would also require either replacement of
the GFI or deactivation of the associated fuel pump following failure
of any post-modification operational test of the GFI. We are issuing
this AD to prevent the potential of ignition sources inside fuel tanks,
which, in combination with flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the airplane.
DATES: This AD becomes effective May 15, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 15,
2013.
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 23, 2012 (77
FR 64765). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(MCAI) states:
* * * The FAA published Special Federal Aviation Regulation
(SFAR) 88, and the Joint Aviation Authorities (JAA) published
Interim Policy INT/POL/25/12.
In the framework of these requirements, EASA [European Aviation
Safety Agency] have determined that the electrical power supply
circuits of certain fuel pumps, installed on A320 family aeroplanes,
for which the canisters become uncovered during normal operation,
could, under certain conditions, create an ignition source in the
tank vapour space.
This condition, if not corrected, could result in a fuel tank
explosion and consequent loss of the aeroplane.
To address this potential unsafe condition, Airbus developed a
modification which includes installing Ground Fault Interrupters
(GFI) into the centre tank fuel pump control circuit, providing
additional system protection by electrically isolating the pump in
case of a ground fault condition downstream of the GFI.
Consequently, EASA issued AD 2012-0133 to require modification
of the centre tank fuel pump control circuit by installing GFI and
thereafter, in case a GFI failed an operational test, replacement of
the faulty GFI, or deactivation of the associated fuel pump in
accordance with the provisions of the applicable Master Minimum
Equipment List (MMEL).
Since that [EASA] AD was issued, it was noted that,
inadvertently, the Applicability of the Final AD was incorrect (the
preceding PAD [proposed AD] 12-051 was correct) by excluding
aeroplanes on which Airbus modification 150736 has been embodied in
production. As a result, the required actions when a GFI fails an
operational test did not apply to those aeroplanes.
For the reasons described above, this [EASA] AD retains the
requirements [modification of the centre tank fuel pump control
circuit by installing GFI] of EASA AD 2012-0133, which is
superseded, and expands the Applicability to aeroplanes on which
Airbus modification 150736 has been embodied in production.
The required actions also include either replacement of the GFI or
deactivation of the associated fuel pump following failure of any post-
modification operational test of the GFI. 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 considered the comments received.
Request To Withdraw NPRM (77 FR 64765, October 23, 2012)
An anonymous commenter questioned the constitutionality of creating
an airworthiness directive.
We infer that the commenter is requesting that we withdraw the NPRM
(77 FR 64765, October 23, 2012), because it is unconstitutional. We
disagree. Under part 39 of the Federal Aviation Regulations (14 CFR
part 39), we issue an AD addressing a product when we find that an
unsafe condition exists in the product, and the condition is likely to
exist or develop in other products of the same type design. In the case
of this AD, we determined that the unsafe condition-the potential of
ignition sources inside fuel tanks with flammable fuel vapors-could
result in fuel tank explosions and consequent loss of the airplane.
Further, under the Administrative Procedure Act (APA) (Pub. L. 79-
404, 5 U.S.C. 551, et.seq.) we are required to provide notice of our
intent to add, change, or remove information in a rule, as well as to
give the public an opportunity to participate in rulemaking actions
unless we find good cause to bypass those requirements. (The APA is a
body of laws that, working together, provide minimum guidelines and
rules that federal agencies are required to follow when issuing a rule
or changing existing rules that, if adopted, would impact the rights of
the regulated public.) We have followed these requirements in issuing
this AD. We have determined it is appropriate to proceed with issuing
the final rule.
Request To Shorten Compliance Time
Although agreeing with the intent of the NPRM (77 FR 64765, October
23, 2012), Air Line Pilots Association, International (ALPA)
recommended that we shorten the compliance time to 24 months or less.
We disagree with the request to shorten the compliance time of the
AD. The ALPA did not provide substantiating data that would justify
such a shortening of the compliance time. We determined the compliance
time (48 months after the effective date of this AD) primarily based on
our assessment of the safety risk. In establishing the compliance time,
we considered the overall risk to the fleet, including the severity of
the failure and the likelihood of the failure's occurrence. We have not
changed this final rule regarding this issue.
Request To Clarify Paragraph (h) of the NPRM (77 FR 64765, October 23,
2012)
Virgin America requested clarification of paragraph (h) of the NPRM
(77 FR
[[Page 21231]]
64765, October 23, 2012). Virgin America stated that, according to
paragraph (h) of the NPRM, for airplanes on which Modification 150736
has been embodied in production, and no GFI has been permanently
removed (i.e., the airplane has been demodified) since first flight,
then the actions required by paragraph (g) of the NPRM would not be
required. The commenter stated that an operator may remove and replace
a GFI during normal maintenance operations. The commenter requested
that we clarify the sentence in paragraph (h) that states ``and on
which no GFI has been removed since first flight.''
We agree to clarify the intent of paragraph (h) of this AD.
Paragraph (h) of this AD is to ensure that the modification required by
paragraph (g) of this AD is required only if the operator has modified
the airplane from the as-delivered configuration. We have revised
paragraph (h) of this final rule accordingly.
Request for Clarification of Deactivation
Virgin America stated that clarification is needed for paragraph
(i) of the NPRM (77 FR 64765, October 23, 2012) with regard to
deactivation of the center tank fuel pump. FAA master minimum equipment
list (MMEL) 28-21-02 does not include instructions for deactivating
center tank fuel pumps.
We agree. The terminology in FAA MMEL 28-21-02 is different from
what is used in EASA AD 2012-0198, dated September 26, 2012. We have
revised paragraph (i) in this final rule to clarify that the word
``deactivated'' is synonymous with ``inoperative.'' The FAA MMEL does
contain (M) notation (i.e., maintenance requirements for certain cases
of dispatch).
Request for Instructions for Continued Flight After Inadvertent GFI
Tripping
Delta stated that there have been industry reports of in-service
difficulties due to the GFI's tripping and generating a ``CTR TK PUMP 2
LO PR'' message. Preliminary evaluations by the manufacturer have found
the subject GFIs to be faulty, but a root cause has not been reported.
Delta requested that we work with Airbus to provide instructions for
continued flight after inadvertent GFI tripping.
We are aware of these events. GFIs are expected to isolate the
ignition source downstream of the GFI in the center fuel tank. We
encourage operators to work with the original equipment manufacturers
(OEMs) for identifying the root cause of premature failure of GFIs so
that OEMs can take appropriate steps to alleviate the commenter's
concerns referenced in the comment. These events are not considered
unsafe conditions that warrant changing the final rule regarding this
issue.
Request To Define Tasks for GFI Operational Test Failure
Delta requested that we define the conditional tasks--to be done if
a GFI fails an operational test--as specified in paragraph (i) of the
NPRM (77 FR 64765, October 23, 2012).
We partially agree with the commenter. We agree that no tasks have
been provided by Airbus at this time to address failure of the GFI
operational tests; however, this AD requires the operators to contact
the FAA for approval of an alternative method of compliance (AMOC) in
accordance with paragraph (j)(1) of this AD. We have not changed the
final rule regarding this issue.
Request To Correct Task Number
Airbus and Kirk Taylor requested that we revise the NPRM (77 FR
64765, October 23, 2012) to reflect the correction of the maintenance
review board report (MRBR) task in Note 1, which should read
``28.18.00/10'' instead of 28.18.00/01.
We agree with the request to correct the MRBR task number. We have
revised Note 1 to paragraph (i) of this AD to refer to Task 28.18.00/
10, Operational Check of Centre Tank Fuel Pump GFI, of the Airbus A318/
A319/A320/A321 Maintenance Review Board Report or Task 281800-710-801,
Operational Check of Centre Tank Fuel Pump GFI, of the Airbus A318/
A319/A320 Aircraft Maintenance Manual.
Request To Correct Typographical Error
Virgin America noted an error in Note 2 of the NPRM (77 FR 64765,
October 23, 2012), which should refer to paragraph (i) instead of
paragraph (h) of the AD.
We agree. We have changed Note 2 to paragraph (i) of this AD to
correct the reference to paragraph (i).
Request To Consider Additional Information in AD Development
Virgin America stated that it was aware of an Airbus/operator forum
discussion regarding in-service failures of the GFI unit. Virgin
American requested that we consider these failure events and associated
consequences in the rulemaking process.
We are aware of these events. GFIs are expected to isolate the
ignition source downstream of the GFI in the center fuel tank. We
encourage operators to work with the OEMs for identifying the root
cause of premature failure of GFIs so that OEMs can take appropriate
steps to alleviate concerns. These events are not considered unsafe
conditions that warrant changing the final rule regarding this issue.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 64765, October 23, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 64765, October 23, 2012).
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 755 products of U.S. registry. We also estimate that it takes 11
work-hours per product to comply with the basic requirements of this
AD. The average labor rate is $85 per work-hour. Required parts cost
about $3,360 per product, depending on configuration. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of the AD on U.S. operators to be $3,242,725, or
$4,295 per product.
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.
[[Page 21232]]
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 contains the NPRM (77 FR 64765, October 23,
2012), 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:
2013-07-02 Airbus: Amendment 39-17406. Docket No. FAA-2012-1105;
Directorate Identifier 2012-NM-137-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective May 15,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Model A318-111, -112, -121, and -122
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; and Model A320-111, -211, -212, -214, -231, -232, and
-233 airplanes; certificated in any category; all manufacturer
serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by fuel system reviews conducted by the
manufacturer, which revealed that certain fuel pumps under certain
conditions can create an ignition source in the fuel tank. We are
issuing this AD to prevent the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions 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) Modification
Except as provided by paragraph (h) of this AD: Within 48 months
after the effective date of this AD, modify the center tank fuel
pump control circuit by installing ground fault interrupters (GFIs),
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-28-1188, dated March 23, 2012.
(h) Airplanes Excluded From Modification Requirement
For airplanes on which Airbus Modification 150736 has been
embodied in production, and on which no GFI has been permanently
removed since first flight, the modification specified in paragraph
(g) of this AD is not required.
(i) Corrective Action for Failed Post-Modification Operational Test
After accomplishment of the modification specified in paragraph
(g) or (h) of this AD, each time a GFI fails an operational test,
before further flight, replace the GFI or deactivate (make
inoperative) the associated fuel pump, in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA.
Note 1 to paragraph (i) of this AD: Guidance on the operational
test specified in paragraph (i) of this AD can be found in Task
28.18.00/10, Operational Check of Centre Tank Fuel Pump GFI, of the
Airbus A318/A319/A320/A321 Maintenance Review Board Report or Task
281800-710-801, Operational Check of Centre Tank Fuel Pump GFI, of
the Airbus A318/A319/A320 Aircraft Maintenance Manual.
Note 2 to paragraph (i) of this AD: Guidance on the fuel pump
deactivation specified in paragraph (i) of this AD can be found in
Item 28-21-02, Center Tank Systems, of the FAA Master Minimum
Equipment List for Airbus A318/A319/A320/A321.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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, 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.
(k) Related Information
Refer to MCAI EASA Airworthiness Directive 2012-0198, dated
September 26, 2012; and Airbus Service Bulletin A320-28-1188, dated
March 23, 2012; for related information.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Airbus Service Bulletin A320-28-1188, dated March 23, 2012.
(ii) Reserved.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 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.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
[[Page 21233]]
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08068 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P