[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Proposed Rules]
[Pages 24997-24999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21189; Directorate Identifier 2005-NM-055-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Model A318, A319, A320, and A321 series airplanes. 
This proposed AD would require modification of the electrical bonding 
of all structures and systems installed inside the center fuel tank. 
This proposed AD is prompted by results of fuel system reviews 
conducted by the manufacturer. We are proposing this AD to prevent 
electrical arcing in the center fuel tank due to inadequate bonding, 
which could result in an explosion of the center fuel tank and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 13, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-21189; the directorate identifier for this docket is 
2005-NM-055-AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21189; 
Directorate Identifier 2005-NM-055-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the

[[Page 24998]]

adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements' (67 
FR 23086, May 7, 2001). In addition to new airworthiness standards for 
transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to cooperate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on certain Airbus Model A318, A319, A320, 
and A321 series airplanes. The DGAC advises that a design review showed 
that the electrical bonding in the center fuel tank of the affected 
airplanes should be modified. The modification would reduce the 
possibility of an electrical discharge in the fuel tank. An electrical 
discharge could result in an explosion of the center fuel tank and 
consequent loss of the airplane.

Relevant Service Information

    Airbus has issued Airbus Service Bulletin A320-28-1104, Revision 
01, dated December 8, 2004. The service bulletin describes procedures 
for modifying the electrical bonding of all structures and systems 
installed inside the center fuel tank of the affected airplanes. The 
modification consists of checking certain existing bonding points for 
the presence of blue coat and installing new bonding points. If blue 
coat is present at the bonding point, the service bulletin recommends 
no further action. If blue coat is not present, the service bulletin 
recommends measuring the electrical (ohmic) resistance between the part 
and the structure. If the ohmic resistance is less than 10 milliohms, 
the service bulletin recommends no further action. If the ohmic 
resistance is 10 milliohms or more, the service bulletin recommends 
installing the bonding.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DGAC mandated 
the service information and issued French airworthiness directive F-
2005-028, dated February 16, 2005, to ensure the continued 
airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference Between 
the Proposed AD and the French Airworthiness Directive.''

Difference Between the Proposed AD and the French Airworthiness 
Directive

    The applicability of French airworthiness directive F-2005-028 
excludes airplanes that accomplished Airbus Service Bulletin A320-28-
1104 in service. However, we have not excluded those airplanes in the 
applicability of this proposed AD; rather, this proposed AD includes a 
requirement to accomplish the actions specified in that service 
bulletin. This requirement would ensure that the actions specified in 
the service bulletin and required by this proposed AD are accomplished 
on all affected airplanes. Operators must continue to operate the 
airplane in the configuration required by this proposed AD unless an 
alternative method of compliance is approved. This difference has been 
coordinated with the DGAC.

Clarification of Inspection Language

    The service bulletin specifies that operators should ``check'' for 
the presence of blue coat. In this proposed AD we refer to this action 
as a ``general visual inspection.'' Note 1 of this proposed AD defines 
this inspection.

Costs of Compliance

    This proposed AD would affect about 506 airplanes of U.S. registry. 
The proposed actions would take between 49 and 64 work hours per 
airplane depending on the airplane's configuration. The average labor 
rate is $65 per work hour. Required parts would cost between $10 and 
$370 per airplane, depending on the airplane's configuration. Based on 
these figures, the estimated cost of the proposed AD for U.S. operators 
is between $1,616,670 and $2,292,180, or between $3,195 and $4,530 per 
airplane.

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,

[[Page 24999]]

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 have 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 that the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-21189; Directorate Identifier 2005-NM-
055-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by June 13, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
series airplanes; certificated in any category; except airplanes 
that have received Airbus Modification 31892 in production.

Unsafe Condition

    (d) This AD was prompted by results of fuel system reviews 
conducted by the manufacturer. We are issuing this AD to prevent 
electrical arcing in the center fuel tank due to inadequate bonding, 
which could result in an explosion of the center fuel tank and 
consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Related Investigative and Corrective Actions

    (f) Within 58 months after the effective date of this AD: Modify 
the electrical bonding of all structures and systems installed 
inside the center fuel tank by accomplishing all of the actions in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-28-1104, Revision 01, dated December 8, 2004.

Actions Accomplished According to Previous Issue of Service Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A320-28-1104, dated December 
2, 2003, are acceptable for compliance with the corresponding 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (i) French airworthiness directive F-2005-028, dated February 
16, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 5, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9472 Filed 5-11-05; 8:45 am]
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