[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Proposed Rules]
[Pages 51117-51121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20251]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0698; Directorate Identifier 2012-NM-136-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede airworthiness directive (AD) 2006-06-
14, that applies to certain Airbus Model
[[Page 51118]]
A318-100 and A319-100 series airplanes, A320-111 airplanes, A320-200
series airplanes, and A321-100 and A321-200 series airplanes. AD 2006-
06-14 requires operators to review the airplane's maintenance records
to determine the part numbers of the magnetic fuel level indicators
(MFLIs) of the wing fuel tanks, and related investigative and
corrective actions if necessary. Since we issued AD 2006-06-14, we
received information that the related investigative actions of the
existing AD are not fully effective and that an affected MFLI could
still be installed on airplanes on which the related investigative
actions were accomplished. This proposed AD would also require an
inspection (improved method) to determine the part numbers of the
MFLIs, and, if necessary, replacement of the MFLI or repair. We are
proposing this AD to prevent an ignition source in the wing fuel tank
in the event of a lightning strike, which could result in a fire or
explosion.
DATES: We must receive comments on this proposed AD by October 4, 2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0698;
Directorate Identifier 2012-NM-136-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On March 10, 2006, we issued AD 2006-06-14, Amendment 39-14523 (71
FR 15023, March 27, 2006), (``AD 2006-06-14''). That AD required
actions intended to address an unsafe condition on Airbus Model A318-
111 and -112 airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; A320-111 airplanes; Model A320-211, -212, -
214, -231, -232, and -233 airplanes; Model A321-111, -112, and -131
airplanes; and Model A321-211, -212, -213, -231, and -232 airplanes.
Since we issued AD 2006-06-14, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2012-0119,
dated July 4, 2012 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
In 2005, several in-service occurrences were reported of finding
wear and/or detachment of the top stop of magnetic fuel level
indicators (MFLI), either observed during tank maintenance
activities, or on MFLI returned to the MFLI manufacturer. The
investigation results indicated that the wear of the top stop
retaining `S' shaped wire had been caused by repetitive impact with
the float, resulting in complete detachment of the top stop.
This condition, if not detected and corrected, could lead an
MFLI top stop to come into contact with a probe, which could, in the
event of a lightning strike, create an ignition source in the fuel
tank vapour space, possibly resulting in a fuel tank explosion and
consequent loss of the aeroplane.
DGAC France issued AD F-2005-108 (EASA approval 2005-6026)
[http://ad.easa.europa.eu/ad/F-2005-108] [corresponding FAA AD 2006-
06-14] to require identification (by inspection) and replacement of
the affected metallic MFLI (3508802-xx series with the `S' shaped
retaining wire) with a metallic MFLI with the top stop retained by a
`trapped wire', or with a composite MFLI.
Since that [French] AD was issued, it has been identified that
the inspection procedure (visual check) detailed in Airbus Service
Bulletin (SB) A320-28-1138 was not fully effective, and that
affected MFLI could still be fitted on aeroplanes which have passed
the inspection in accordance with the instructions of this SB.
For the reasons described above, this [EASA] AD, which
supersedes DGAC France AD F-2005-108, requires a one-time inspection
(improved method) to identify the type of MFLI installed and,
depending on findings, replacement or repair, as applicable. This
[EASA] AD also prohibits the installation of the affected MFLI on
any aeroplane as replacement parts.
The repair may also include locating and removing any missing top stop,
and inspecting for any damage caused to the fuel tank by a missing top
stop. You may obtain further information by examining the MCAI in the
AD docket.
Relevant Service Information
Airbus has issued Service Bulletin A320-28-1209, dated December 12,
2011. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe
[[Page 51119]]
condition exists and is likely to exist or develop on other products of
the same type design.
Differences Between This AD and the MCAI or Service Information
Where the MCAI states in the compliance time ``whichever occurs
later,'' this proposed AD would require ``whichever occurs earlier.''
We have determined that this compliance time would address the unsafe
condition in a more timely manner. We considered the manufacturer's
recommendation, and the overall risk to the fleet, including the
severity of the failure and the likelihood of the failure's occurrence.
Therefore, we find that a compliance time of 49,000 flight hours after
May 1, 2006, or at the next scheduled fuel tank entry after the
effective date of this AD, whichever occurs first, to complete the
required actions to be warranted.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 755 products of U.S. registry.
Estimated Costs
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Action Labor cost Parts cost Cost per product Cost on U.S. operators
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Parts numbers review [retained Between 1 and 8 None............... Between $85 and Between $64,175 and $513,400
actions from AD 2006-06-14, work-hours x $85 $680.
Amendment 39-14523 (71 FR per hour = Between
15023, March 27, 2006)]. $85 and $680.
Inspection for part numbers [new 21 work-hours x $85 $0................. $1,785............. $1,347,675
proposed action]. per hour = $1,785.
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We estimate the following costs to do any necessary replacement or
repair that would be required based on the results of the proposed
inspection. We have no way of determining the number of aircraft that
might need the replacement or repair:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Replace or repair............................ 4 work-hours x $85 per hour = $0 $340
$340.
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According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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 proposed 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 removing airworthiness directive (AD)
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006), and
adding the following new AD:
Airbus: Docket No. FAA-2013-0698; Directorate Identifier 2012-NM-
136-AD.
(a) Comments Due Date
We must receive comments by October 4, 2013.
[[Page 51120]]
(b) Affected ADs
This AD supersedes AD 2006-06-14, Amendment 39-14523 (71 FR
15023, March 27, 2006).
(c) Applicability
This AD applies to Airbus Model A318-111, A318-112, A318-121,
A318-122, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-111, A320-211, A320-212, A320-214,
A320-215, A320-216, A320-231, A320-232, A320-233, A321-111, A321-
112, A321-131, A321-211, A321-212, A321-213, A321-231, and A321-232
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 a report of several in-service incidents
of wear and detachment of the top-stops from magnetic fuel level
indicators (MFLI) in a wing fuel tank. We are issuing this AD to
prevent an ignition source in the wing fuel tank in the event of a
lighting strike, which could result in a fire or explosion.
(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) Retained Review of Airplane Maintenance Records/Investigative and
Corrective Actions
This paragraph restates the requirements of paragraph (f) of AD
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006). For
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; A320-111 airplanes; Model
A320-211, -212, -214, -231, -232, and -233 airplanes; Model A321-
111, -112, and -131 airplanes; and Model A321-211, -212, -213, -231,
and -232 airplanes; on which Airbus Modification 27496 has not been
installed in production: Within 65 months or 6,500 flight hours
after May 1, 2006 (the effective date of AD 2006-06-14), whichever
is first, review the airplane's maintenance records to determine the
part number (P/N) of each MFLI of the wing fuel tanks in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-28-1138, dated March 18, 2005. If the P/N cannot be identified,
or the P/N is identified in the ``old P/N'' column of the table in
paragraph 1.L., ``Interchangeability/Mixability,'' of Airbus Service
Bulletin A320-28-1138, dated March 18, 2005, before further flight,
do the applicable related investigative and corrective actions by
accomplishing all of the actions in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-28-1138,
dated March 18, 2005.
(h) Retained Parts Installation Prohibition
This paragraph restates the requirements paragraph (g) of AD
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006). For
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; A320-111 airplanes; Model
A320-211, -212, -214, -231, -232, and -233 airplanes; Model A321-
111, -112, and -131 airplanes; and Model A321-211, -212, -213, -231,
and -232 airplanes; on which Airbus Modification 27496 has not been
installed in production: As of May 1, 2006 (the effective date of AD
2006-06-14), no person may install on any airplane any MFLI of the
wing fuel tanks with a P/N identified in the ``old P/N'' column of
the table in paragraph 1.L., ``Interchangeability/Mixability,'' of
Airbus Service Bulletin A320-28-1138, dated March 18, 2005.
(i) New Requirement of This AD: Inspection
For all airplanes, except as provided by paragraph (k) of this
AD: At the next scheduled fuel tank entry after the effective date
of this AD, or within 49,000 flight hours after May 1, 2006 (the
effective date of AD 2006-06-14, Amendment 39-14523 (71 FR 15023,
March 27, 2006), whichever occurs first, perform a special detailed
inspection of the wing tank to determine which type of magnetic fuel
level indicators (MFLI) are installed, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-28-1209,
dated December 12, 2011. A review of airplane maintenance records is
acceptable in lieu of this inspection, if the part number and the
type of the installed MFLI can be conclusively determined from that
review. Paragraphs (i)(1) through (i)(11) of this AD identify the
affected MLFI part numbers.
(1) 3508802-24
(2) 3508802-25
(3) 3508802-26
(4) 3508802-27
(5) 3508802-28
(6) 3508802-34
(7) 3508802-39
(8) 3508802-74
(9) 3508802-75
(10) 3508802-76
(11) 3508802-91
Note 1 to paragraph (i) of this AD: The affected MFLI have the
`S'-shaped lock-wire design.
(j) New Requirement of This AD: Replacement or Repair
If, during the inspection required by paragraph (i) of this AD,
a MFLI with the `S' shaped lock-wire design (Part Number (P/N)
listed in paragraphs (i)(1) through (i)(11) of this AD) is found,
then at the next scheduled fuel tank entry after the effective date
of this AD, or within 49,000 flight hours after May 1, 2006 (the
effective date of AD 2006-06-14, Amendment 39-14523 (71 FR 15023,
March 27, 2006), whichever occurs first, replace the affected MFLI
with a serviceable part and accomplish the corrective actions
(repair), as applicable, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-28-1209, dated December
12, 2011. For the purpose of this AD, a serviceable part is a
composite MFLI, or a metallic MFLI with the top stop retained by a
`trapped wire,' as applicable to the location identified in Table 1
of paragraph (j) of this AD.
Table 1 of Paragraph (j) of this AD--Metallic MFLI With the Top Stop
Retained by a `Trapped Wire,' Including Applicable Location (FIN)
------------------------------------------------------------------------
MFLI P/N Applicable location (FIN)
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3508802-35.......................... 56/57QM
3508802-36.......................... 58/59QM
3508802-37.......................... 60/61QM
3508802-38.......................... 62/63QM
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(k) New Requirement of This AD: Exception for Paragraph (i) of This AD
Airplanes on which Airbus modification (mod) 27496 has been
embodied in production, and on which no wing tank MFLI replacement
with a part number listed in paragraph (i)(1) through (i)(11) of
this AD has been made since first flight, are not affected by the
requirement of paragraph (i) of this AD.
(l) New Requirement of This AD: Parts Installation Prohibition
As of the effective date of this AD, do not install on any
airplane a MFLI with a part number listed in paragraph (i)(1)
through (i)(11) of this AD.
(m) 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, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 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 its delegated agent, or by the Design Approval Holder with a
State of Design Authority's design organization approval). For a
repair method to be approved, the repair approval must specifically
refer to this AD. You are required to assure the product is
airworthy before it is returned to service.
(n) Special Flight Permits
Special flight permits, as described in Section 21.197 and
Section 21.199 of the
[[Page 51121]]
Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not
allowed.
(o) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2012-0119, dated July 4, 2012, for related information,
which can be found in the AD docket on the Internet at http://www.regulations.gov.
(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. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on August 9, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-20251 Filed 8-19-13; 8:45 am]
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