[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Rules and Regulations]
[Pages 45513-45515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18282]



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  Federal Register / Vol. 65, No. 142 / Monday, July 24, 2000 / Rules 
and Regulations  

[[Page 45513]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-55-AD; Amendment 39-11825; AD 2000-14-15]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319, 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 A319, A320, and A321 series 
airplanes, that requires modifying the fuel pipe couplings and 
installing bonding leads in specified locations within the fuel tank. 
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 ignition 
sources and consequent fire/explosion in the fuel tank.

DATES: Effective August 28, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 28, 2000.

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 A319, A320, 
and A321 series airplanes was published in the Federal Register on 
March 16, 2000 (65 FR 14218). That action proposed to require modifying 
the fuel pipe couplings and installing bonding leads in specified 
locations within the fuel tank.

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.

Support for the Proposed AD

    One commenter supports the content of the proposed AD.

Requests To Extend Compliance Time

    Two commenters, both operators, request that the compliance time 
for the proposed actions be 5 years, rather than 3 years as proposed, 
for the following reasons:
    1. While supporting the proposed AD in principle, one of the 
commenters states that the economic impact of a 3-year compliance time 
would significantly affect its maintenance and operating schedules 
because of additional labor hours, additional out-of-service time for 
its airplanes, and the setup costs necessary to accommodate the 
simultaneous modification of two airplanes.
    2. The commenters note that the French airworthiness directive 
mandates a compliance time of 5 years, and that the service bulletin 
referenced in the proposed AD also recommends a compliance time of 5 
years (or the next 4C check).
    3. The commenters consider that a 3-year compliance time does not 
account for the elapsed time for accomplishing the modification outside 
of a heavy or major maintenance check. One commenter states that a 5-
year compliance time would allow the proposed actions to be 
accomplished during a scheduled heavy maintenance visit. The other 
commenter reports that a 3-year compliance time would require 
modification of 34 of its airplanes outside of a heavy or major 
maintenance check, resulting in extended downtimes.
    The FAA does not concur with the request to extend the compliance 
time. In the preamble of the proposed AD, the FAA explained its reasons 
for reducing the compliance time from 5 years (as recommended by the 
DGAC and the service bulletin) to 3 years. The commenters provide no 
data indicating that such an extended compliance time would ensure an 
acceptable level of safety. As stated in the proposed AD, the FAA 
considered many factors associated with continued operational safety 
and weighed those factors against any resulting disruption of affected 
airlines' operations. The FAA maintains that a 3-year compliance time 
represents an appropriate interval of time allowable for affected 
airplanes to continue to operate without compromising safety. No change 
to the final rule is warranted in this regard.

Request To Require Additional Actions

    One commenter, an operator, suggests that the proposed AD be 
revised to add a requirement to inspect the condition and proper 
installation of existing fuel tank bonding straps, as specified by 
Airbus Service Bulletin A320-28-1075, Revision 01, dated February 1, 
2000. The operator notes that a higher level of fuel tank safety would 
be achieved by encouraging operators to accomplish the inspection of 
the fuel tank bonding straps in accordance with Airbus Service Bulletin 
A320-28-1075. The operator adds that Airbus Service Bulletin A320-28-
1077 (cited in the proposed AD as the appropriate source of service 
information for accomplishing the modification and installation) 
``strongly'' recommends concurrent accomplishment of Airbus Service 
Bulletin A320-28-1075.
    The FAA does not concur with the request to add a requirement to 
perform the referenced inspection. Although accomplishment of the 
actions specified by Airbus Service Bulletin A320-28-1075 could provide 
an improved level of safety, the FAA has not yet made a determination 
that those actions should be mandated via the AD rulemaking process. 
However, the FAA notes that the design review proposed in a Special

[[Page 45514]]

Federal Aviation Regulation (SFAR) (Notice 99-18, 64 FR 58644, October 
29, 1999, ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction, and Maintenance and Inspection Requirements'') 
would result in the FAA's approval of required maintenance and 
inspection instructions for fuel tank systems on the Airbus airplanes 
affected by this AD, as well as other existing large transport category 
airplanes. The inspections in Airbus Service Bulletin A320-28-1075 
would be considered under the scope of the SFAR review, and could be 
mandated together with any other necessary inspections. No change to 
the final rule is necessary.

Request To Revise Cost Estimates

    One commenter, an operator, requests a revision of the cost 
estimates in the proposed AD for the following reasons: (1) The 
estimated costs do not reflect the additional labor hours necessary to 
accommodate two airplanes simultaneously for the fuel tank rework; (2) 
the cost analysis in the proposed AD is based on work hours for 
airplanes in a heavy check status and does not include the work hours 
necessary for access and close; (3) the proposed cost estimate does not 
account for the concurrent accomplishment of the actions specified by 
Airbus Service Bulletin A320-28-1075; and (4) maintenance and operating 
schedules would be significantly affected due to the additional out-of-
service time necessary for the airplanes.
    The FAA does not concur with the request to revise the cost 
estimate. The cost impact information, below, describes only the per-
airplane ``direct'' costs of the specific actions required by this AD. 
The number of work hours necessary to accomplish the required actions 
was provided to the FAA by the manufacturer based on the best data 
available to date. This number represents the time necessary to perform 
only the actions actually required by this AD. The FAA recognizes that, 
in accomplishing the requirements of any AD, operators may incur 
``incidental'' costs in addition to the ``direct'' costs. The cost 
analysis in AD rulemaking actions, however, typically does not include 
incidental costs, such as the time required to gain access and close or 
time for various administrative actions. Because incidental costs may 
vary significantly from operator to operator, they are almost 
impossible to calculate. Further, as discussed earlier, the actions 
specified by Airbus Service Bulletin A320-28-1075 are not required by 
this AD, so those work hours are not included in the cost estimate. No 
change to the cost estimate of the final rule is necessary.

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 as proposed.

Cost Impact

    The FAA estimates that 227 airplanes of U.S. registry will be 
affected by this AD. It will take between 20 and 100 work hours per 
airplane to accomplish the required actions, at an average labor rate 
of $60 per work hour. The cost of required parts is negligible. Based 
on these figures, the cost impact of the AD on U.S. operators is 
estimated to be between $272,400 and $1,362,000; or between $1,200 and 
$6,000 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 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.

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:

2000-14-15  Airbus Industrie: Amendment 39-11825. Docket 2000-NM-55-
AD.

    Applicability: Model A319, A320, and A321 series airplanes; 
certificated in any category; excluding those on which Modifications 
27150 and 27955 have been installed.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 ignition sources and consequent fire/explosion in the 
fuel tank, accomplish the following:

Modification and Installation

    (a) Within 36 months after the effective date of this AD, modify 
the fuel pipe couplings and install bonding leads in the specified 
locations of the fuel tank, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-28-1077, dated July 9, 
1999.

Alternative Methods of Compliance

    (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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199

[[Page 45515]]

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Airbus Service 
Bulletin
    A320-28-1077, dated July 9, 1999. 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 3: The subject of this AD is addressed in French 
airworthiness directive 2000-006-144(B), dated January 12, 2000.

    (e) This amendment becomes effective on August 28, 2000.

    Issued in Renton, Washington, on July 13, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18282 Filed 7-21-00; 8:45 am]
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