[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Proposed Rules]
[Pages 44144-44147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17930]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-245-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-09-
07, 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. AD 2012-09-07 currently 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. Since we issued AD 2012-09-07,
we have determined that more airplanes are subject to the identified
unsafe condition due to the installation of an incorrect repair
intended to address the identified unsafe condition. This proposed AD
would add airplanes to the applicability in AD 2012-09-07, and would
require inspecting those airplanes to determine if a repair was done,
and doing the electrical bonding test and corrective action if
necessary. We are proposing 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: We must receive comments on this proposed AD by September 15,
2014.
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 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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0484; or in person at the Docket Management Facility 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-2014-0484;
Directorate Identifier 2013-NM-245-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.
[[Page 44145]]
Discussion
On April 30, 2012, we issued AD 2012-09-07, Amendment 39-17042 (77
FR 28238, May 14, 2012). AD 2012-09-07 requires actions intended to
address an unsafe condition on 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.
Since we issued AD 2012-09-07, Amendment 39-17042 (77 FR 28238, May
14, 2012), the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2013-0277R1, dated December 4, 2013
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
Airbus Model A318-111, -112, -121, and -122 airplanes; A319-111, -112,
-113, -114, -115, -131, -132, and -133 airplanes; A320-111, -211, -212,
-214, -231, -232, and -233 airplanes; and A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:
Cases of corrosion findings were 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, the repair provided by Airbus 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
refueling cap adaptor and the wing skin.
This condition, if not detected and 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. To address this potential
unsafe condition, EASA issued AD 2011-0034 [http://ad.easa.europa.eu/blob/easa_ad_2011_0034.pdf/AD_2011-0034] to
require a one-time electrical bonding check between the gravity fill
re-fuel adaptor and the top skin panels on the affected aeroplanes
[identified by MSN in the applicability section of that EASA AD]
and, in case of findings, the accomplishment of applicable
corrective actions.
Since that [EASA] AD was issued, EASA has been made aware that
some operators may inadvertently have applied an Airbus repair,
approved for only one aeroplane MSN, to other aeroplanes, without
requesting a revision of the repair to add aeroplanes, or to notify
Airbus of such action(s). Consequently, the condition addressed by
EASA AD 2011-0034 could affect more aeroplanes than initially
determined.
For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0034, which is superseded, and expands
the Applicability to all A320 family aeroplane Models, all MSN.
This [EASA] AD has been revised to amend and clarify paragraph
(3) and to correct an error in the Type/Model designations on page
1, where the A318 was inadvertently omitted.
For the newly added airplanes, required actions include inspecting for
the presence of a corrosion repair on an overwing refueling aperture,
and doing the electrical bonding test and applicable corrective actions
if a repair has been installed. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2014-0484.
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 condition
exists and is likely to exist or develop on other products of the same
type design.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or
Airbus's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the
[[Page 44146]]
DOA-authorized signature approval are not EASA-approved, unless EASA
directly approves the manufacturer's message or other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Costs of Compliance
We estimate that this proposed AD affects 851 airplanes of U.S.
registry.
The actions that are required by AD 2012-09-07, Amendment 39-17042
(77 FR 28238, May 14, 2012), and retained in this proposed AD take
about 2 work-hours per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that are required by AD 2012-09-07 is $170 per product.
We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $72,335, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take about 11 work-hours, for a cost of $935 per product. We have no
way of determining the number of aircraft that might 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 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.
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. Amend Sec. 39.13 by removing Airworthiness Directive (AD) 2012-09-
07, Amendment 39-17042 (77 FR 28238, May 14, 2012), and adding the
following new AD:
Airbus: Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-
245-AD.
(a) Comments Due Date
We must receive comments by September 15, 2014.
(b) Affected ADs
This AD replaces AD 2012-09-07, Amendment 39-17042 (77 FR 28238,
May 14, 2012).
(c) Applicability
(1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; A320-111, -211, -212, -214, -231, -232, and -233
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -
232 airplanes; certificated in any category; all manufacturer serial
numbers, except airplanes identified in paragraph (c)(2) of this AD.
(2) Airplanes that have been delivered from production with
Airbus Modification 38209 (Removal of the Outer Wing Refueling
Aperture) and without Airbus Modification 38206 (Re-introduction of
the Outer Wing Refueling Aperture) are not affected by the
requirements of this AD.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by more airplanes being affected due to
inadvertently installing the repair necessary for addressing the
identified unsafe condition. 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
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Electrical Bonding Test, and General Visual Inspection if
Necessary
This paragraph restates the requirements of paragraph (g) of AD
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012), with
revised repair approval language. For 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: Within 24 months
after June 18, 2012 (the effective date of AD 2012-09-07), 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,
[[Page 44147]]
no further action is required by this paragraph.
(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 Airbus's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(h) New Requirement of This AD: Maintenance Check/Electrical Bonding
Test and Corrective Action if Necessary
For airplanes other than those identified in paragraph (g) of
this AD: Within 24 months after the effective date of this AD,
determine whether a corrosion repair has been done on an overwing
refueling aperture, whereby a primer coating has been applied on the
mating surface of the aperture flange. A maintenance records check
is acceptable to make this determination, provided those records can
conclusively determine whether a primer coat was applied.
(1) If it is determined that a primer coating was applied on the
mating surface of the aperture flange; or if a determination cannot
be made, or the outcome is inconclusive: Within 24 months after the
effective date of this AD do the electrical bonding test specified
in paragraph (g) of this AD, and before further flight, all
applicable actions specified in paragraph (g)(2) of this AD.
(2) If it is determined that a corrosion repair has not been
done, and a primer coating has not been applied on the mating
surface of the aperture flange since first entry into service, no
further action is required by this paragraph.
(i) Corrosion Repair Provision
As of the effective date of this AD, any corrosion repair done
on an overwing refueling aperture on any airplane must be compliant
with the repair requirements of paragraph (g)(2) of this AD.
(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, 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].
(i) 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.
(ii) AMOCs approved previously for AD 2012-09-07, Amendment 39-
17042 (77 FR 28238, May 14, 2012), are approved as AMOCs for the
corresponding provisions of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0277R1, dated December 4,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0484.
(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 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.
Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17930 Filed 7-29-14; 8:45 am]
BILLING CODE 4910-13-P