[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 71992-71996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28192]
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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;
Amendment 39-17682; AD 2013-24-08]
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 superseding airworthiness directive (AD) 2006-06-14 for
certain Airbus Model 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 required 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 perform related
investigative and corrective actions if necessary. This new AD also
requires an inspection (improved method) to determine the part numbers
of the MFLIs, and, if necessary, replacement of the MFLI or repair.
This AD was prompted by information that the related investigative
actions of AD 2006-06-14 are not fully effective and that an affected
MFLI could still be installed on airplanes on which the
[[Page 71993]]
related investigative actions were accomplished. We are issuing 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: This AD becomes effective January 6, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 6,
2014.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May 1,
2006 (71 FR 15023, March 27, 2006).
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0698; 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 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. You may view this 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.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on August 20, 2013 (78 FR
51117), and proposed to supersede AD 2006-06-14, Amendment 39-14523 (71
FR 15023, March 27, 2006). The NPRM proposed to correct an unsafe
condition for the specified products.
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 examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
0698-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 51117, August 20,
2013) or on the determination of the cost to the public.
Change to ``Applicability,'' Paragraph (c) of This Final Rule
We have removed Airbus Model A320-215 and A320-216 airplanes from
paragraph (c) of this final rule. These airplane models are not listed
on a U.S. type certificate data sheet (TCDS). If those airplane models
are later certificated in the U.S. and listed on a U.S. TCDS, we may
consider further action then.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting this 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 (78 FR 51117, August 20, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 51117, August 20, 2013).
Costs of Compliance
We estimate that this AD affects 755 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Part numbers review [retained Between 1 and 8 work- None............. Between $85 and Between $64,175
actions from AD 2006-06-14, hours x $85 per hour $680. and $513,400
Amendment 39[dash]14523 (71 FR = Between $85 and
15023, March 27, 2006)]. $680.
[[Page 71994]]
Inspection for part numbers 21 work-hours x $85 $0............... $1,785........... $1,347,675.
[new 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 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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Replacement or repair......................... 4 work-hours x $85 per hour = $340.... $0 $340
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According to the manufacturer, some of the costs of this 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 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.
Examining the AD Docket
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0698-0002; 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 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.
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 removing airworthiness directive (AD)
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006), and
adding the following new AD:
2013-24-08 Airbus: Amendment 39-17682. Docket No. FAA-2013-0698;
Directorate Identifier 2012-NM-136-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 6,
2014.
(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,
A320-231, 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
[[Page 71995]]
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)
------------------------------------------------------------------------
3508802-35................................ 56/57QM
3508802-36................................ 58/59QM
3508802-37................................ 60/61QM
3508802-38................................ 62/63QM
------------------------------------------------------------------------
(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 paragraphs (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 paragraphs (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 Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.
(o) Related Information
Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0119, dated July 4, 2012, for related information. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0698-0002.
(p) 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 this AD specifies otherwise.
(3) The following service information was approved for IBR on
January 6, 2014.
(i) Airbus Service Bulletin A320-28-1209, dated December 12,
2011.
(ii) Reserved.
(4) The following service information was approved for IBR on
May 1, 2006 (71 FR 15023, March 27, 2006).
(i) Airbus Service Bulletin A320-28-1138, dated March 18, 2005.
(ii) Reserved.
(5) 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.
[[Page 71996]]
(6) You may view this 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.
(7) 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 November 15, 2013.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28192 Filed 11-29-13; 8:45 am]
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