[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55228-55230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18518]


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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; 
Amendment 39-14279; AD 2005-19-14]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-100, A319-100, A320-
200, A321-100, and A321-200 Series Airplanes; and Model A320-111 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-
200 series airplanes; and Model A320-111 airplanes. This AD requires 
modification of the electrical bonding of all structures and systems 
installed inside the center fuel tank. This AD results from 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.

DATES: This AD becomes effective October 26, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 26, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this 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:

Examining the Docket

    You may 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

[[Page 55229]]

Federal holidays. The Docket Management Facility office (telephone 
(800) 647-5227) is located on the plaza level of the Nassif Building at 
the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Airbus Model 
A318, A319, A320, and A321 series airplanes. That NPRM was published in 
the Federal Register on May 12, 2005 (70 FR 24997). That NPRM proposed 
to require modification of the electrical bonding of all structures and 
systems installed inside the center fuel tank.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the Proposed AD

    One commenter supports the proposed AD.

Request To Consider Effect of Other Rulemaking

    One commenter requests that we revise the ``Discussion'' and 
``FAA's Determination and Requirements of the Proposed AD'' sections of 
the proposed AD to describe the relationship of the proposed AD to the 
NPRM on Reducing Fuel Tank Flammability (referred to after this as the 
``FTF rule''), which was announced by the FAA Administrator in February 
2004. The commenter notes that airplanes affected by the proposed AD 
are included in the applicability of the FTF NPRM. Further, the 
commenter expects that the unsafe condition addressed by the proposed 
AD would be mitigated by doing the requirements of the FTF rule, so the 
FTF rule would preclude the need for the proposed AD. The commenter 
concludes that the FAA did not consider all pertinent data when it 
issued the proposed AD and, consequently, the FAA's determination and 
requirements of the proposed AD may be flawed.
    While the commenter asks for specific changes only to the preamble 
of the proposed AD, we infer that the commenter is requesting that we 
withdraw the proposed AD. We do not concur. Reducing flammability and 
minimizing potential ignition sources comprise the FAA's two-pronged, 
balanced approach to fuel tank safety. Since the introduction of 
turbine-powered airplanes, the FAA's primary means of protection from 
fuel tank explosions has been to eliminate ignition sources. The fuel 
tank rules are based on the assumption that fuel tanks will always 
contain flammable vapors. However, one of the important lessons learned 
as a result of the fuel tank safety reviews required by Special Federal 
Aviation Regulation No. 88 (``SFAR 88,'' amendment 21-78, and 
subsequent amendments 21-82 and 21-83) is that unanticipated failures 
and maintenance errors will continue to generate unexpected ignition 
sources. Thus, we have concluded that we are unlikely ever to identify 
and eradicate all possible sources of ignition.
    Our balanced approach means that, while we pursue reducing 
flammability through efforts such as the Fuel Tank Flammability (FTF) 
rule, we will also continue to eliminate identified ignition sources, 
such as those identified as a result of the SFAR 88 fuel tank safety 
reviews. This AD is consistent with that effort. We have not changed 
the AD in this regard.

Request To Extend Compliance Time

    One commenter requests that we extend the compliance time from 58 
months to 72 months after the effective date of the AD. The commenter 
states that many operators have increased their heavy maintenance 
interval from 5 years to 6 years. Thus, the commenter states that 
increasing the compliance time to 72 months would allow for minimum 
disruption to its operating schedule.
    We do not concur. We have determined that the 58-month compliance 
time, as proposed, represents the maximum interval of time allowable 
for the affected airplanes to continue to operate safely before the 
modification is done. In developing an appropriate compliance time for 
this AD, we considered, among other factors, the manufacturer's 
recommendation and the degree of urgency associated with the subject 
unsafe condition. We have not changed this AD in this regard.

Request To Increase Estimated Costs of Compliance

    Two commenters request that we revise the estimated costs of 
compliance stated in the proposed AD. One commenter states that the 
service bulletin to which the proposed AD refers estimates that the 
modification will take 132 to 141 work hours, but the commenter's own 
experience indicates that the modification will take 200 to 215 work 
hours. The other commenter states that the service bulletin estimates 
the total work hours as 129 to 146.5, but it estimates up to 443 work 
hours (including time required for fuel tank guard personnel) will be 
needed.
    We do not concur. The estimates of 129 to 146.5 work hours 
specified in the service bulletin include time for gaining access and 
closing up. The cost analysis in AD rulemaking actions, however, 
typically does not include costs such as the time required to gain 
access and close up, time necessary for planning, or time necessitated 
by other administrative actions. Those incidental costs may vary 
significantly among operators and are almost impossible to calculate. 
We recognize that, in doing the actions required by an AD, operators 
may incur incidental costs in addition to the direct costs. However, 
the estimate of 49 to 64 work hours, as proposed and as specified in 
this AD, represents the time necessary to perform only the actions 
actually required by this AD. We have not changed the AD in this 
regard.

Explanation of Change to Applicability

    The FAA has revised the applicability of this AD to identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 506 airplanes of U.S. registry. The required 
actions 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 cost between $10 and $370 per airplane, depending on the 
airplane's configuration. Based on these figures, the estimated cost of 
this 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, 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

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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 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 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-19-14 Airbus: Amendment 39-14279. Docket No. FAA-2005-21189; 
Directorate Identifier 2005-NM-055-AD.

Effective Date

    (a) This AD becomes effective October 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111 and -112 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 and -231 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.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A320-28-1104, Revision 
01, dated December 8, 2004, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18518 Filed 9-20-05; 8:45 am]
BILLING CODE 4910-13-P