[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Rules and Regulations]
[Pages 41393-41394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20676]



[[Page 41393]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-148-AD; Amendment 39-10688; AD 98-16-12]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 and A321 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A320 and A321 series airplanes, that 
requires replacement of the fuel pump strainers with improved 
strainers. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this AD are intended to prevent 
blockage of fuel by the buildup of ice crystals, which could result in 
low fuel pressure, and consequent shutdown of the engine during 
critical phases of flight.

DATES: Effective September 8, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 8, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A320 and A321 
series airplanes was published in the Federal Register on November 25, 
1997 (62 FR 62721). That action proposed to require replacement of the 
fuel pump strainers with improved strainers.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    Two commenters support the proposed rule.

Request for Clarification of Description of Required Actions

    One commenter supports the proposed rule, but notes that the 
description of the modification in the AD could be misleading, as it 
implies that there are a quantity of 8 mesh strainers in the wing fuel 
pump system, rather than 4, that require modification. The commenter 
states that the fineness of the screens (i.e., size of openings) has 
been changed, and may have been incorrectly interpreted as the quantity 
of the screens instead of the size of the screen mesh openings. The FAA 
acknowledges that the wording in paragraph (a) of the AD could be 
misleading, and has revised that paragraph to clarify the required 
actions.

Request To Cite Other Revisions of the Service Bulletin

    Two commenters request that the proposed AD be revised to reference 
other revisions of Airbus Service Bulletin A320-28-1044. (Revision 10 
of the service bulletin, dated November 5, 1996, is referenced in the 
proposed AD as the appropriate source of service information for 
accomplishment of replacement of the fuel pump strainers.) One 
commenter states that it has already accomplished the modification in 
accordance with A320-28-1044, Revision 09, dated June 14, 1996, and 
requests full credit for this work. Another commenter suggests a 
revision to paragraph (a) of the proposed AD that would reference 
Revision 11, dated August 26, 1997.
    The FAA concurs with these requests. The FAA has determined that 
both Revision 09 and Revision 11 of Airbus Service Bulletin A320-28-
1044 are substantially equivalent to Revision 10. Therefore, the FAA 
has revised paragraph (a) of the final rule to require accomplishment 
of the replacement in accordance with Revision 11, dated August 26, 
1997. Additionally, a NOTE has been added to the final rule to 
reference Revision 09, dated June 14, 1996, and Revision 10, dated 
November 5, 1996, as an acceptable means of compliance for operators 
that have accomplished the replacement prior to the effective date of 
this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 132 Airbus Model A320 and A321 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 13 work hours per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Required parts will be supplied by the manufacturer at no cost to the 
operators. Based on these figures, the cost impact of the AD on U.S. 
operators is estimated to be $102,960, or $780 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 41394]]

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-16-12  Airbus Industrie: Amendment 39-10688. Docket 97-NM-148-AD.
    Applicability: Model A320 and A321 series airplanes; as listed 
in Airbus Service Bulletin A320-28-1044, Revision 10, dated November 
5, 1996; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent blockage of fuel by the build-up of ice crystals, 
which could result in low fuel pressure, and consequent shutdown of 
the engine during critical phases of flight, accomplish the 
following:
    (a) Within 24 months after the effective date of this AD, 
replace the mesh strainers of each fuel pump with improved 
strainers, in accordance with Airbus Service Bulletin A320-28-1044, 
Revision 11, dated August 26, 1997.

    Note 2: Accomplishment of the replacement required by paragraph 
(a) of this AD in accordance with Airbus Service Bulletin A320-28-
1044, Revision 09, dated June 14, 1996, or Revision 10, dated 
November 5, 1996, prior to the effective date of this AD, is 
acceptable for compliance with this paragraph.

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) The replacement shall be done in accordance with Airbus 
Service Bulletin
    A320-28-1044, Revision 11, dated August 26, 1997, which contains 
the following list of effective pages:

------------------------------------------------------------------------
                                    Revision level                      
            Page No.                 shown on page    Date shown on page
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1, 2, 5-8, 11, 12, 15-20........  Revision 11.......  August 26, 1997.  
4, 10, 13, 14...................  Revision 10.......  November 05, 1996.
3, 9............................  Revision 09.......  June 14, 1996.    
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    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 4: The subject of this AD is addressed in French 
airworthiness directive 96-170-082 (B), dated August 28, 1996.

    (e) This amendment becomes effective on September 8, 1998.

    Issued in Renton, Washington, on July 27, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-20676 Filed 8-3-98; 8:45 am]
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