[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Proposed Rules]
[Pages 74235-74237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24051]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23314; Directorate Identifier 2005-NM-189-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-100 and A319-100 
Series Airplanes, A320-111 Airplanes, A320-200 Series Airplanes, and 
A321-100 and A321-200 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 A318-100 and A319-100 series airplanes, A320-
111 airplanes, A320-200 series airplanes, and A321-100 and A321-200 
series airplanes. This proposed AD would require operators to review 
the airplane's maintenance records to determine the part numbers of the 
magnetic fuel level indicators (MFLI) of the fuel tank, and related 
investigative and corrective actions if necessary. This proposed AD 
results from several in-service incidents of wear and detachment of the 
top-stops from the MFLI. Such detachment allows the top-stop to move 
around the fuel tank, and the top-stop could come into contact or in 
close proximity with a gauging probe, resulting in compromise of the 
air gap between the probe and the structure and creating a potential 
ignition source. We are proposing this AD to prevent an ignition source 
in the fuel tank in the event of a lightning strike, which could result 
in a fire or explosion.

DATES: We must receive comments on this proposed AD by January 17, 
2006.

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.
     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.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
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 in the ADDRESSES section. Include the docket number ``FAA-2005-
23314; Directorate Identifier 2005-NM-189-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

[[Page 74236]]

comments received 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 
that 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

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 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 Docket Management System 
receives them.

Discussion

    The Direction Genrale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified us that an unsafe 
condition may exist on certain Airbus Model A318-100 and A319-100 
series airplanes, A320-111 airplanes, A320-200 series airplanes, and 
A321-100 and A321-200 series airplanes. The DGAC advises that several 
in-service incidents of wear and detachment of the top-stops from the 
magnetic fuel level indicators (MFLI) have occurred. Analysis revealed 
that the affected top-stop is made of aluminum and retained with an S-
shaped lock-wire that degrades over time. Detachment of the top-stop 
allows it to move around the fuel tank, and the top-stop could come 
into contact, or in close proximity, with a gauging probe, resulting in 
compromise of the air gap between the probe and the structure, and 
creating a potential ignition source. These conditions, if not 
corrected, could result in an ignition source in the fuel tank in the 
event of a lightning strike, which could result in a fire or explosion.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1138, dated March 18, 
2005. The service bulletin describes procedures for reviewing the 
airplane's documentation to determine the part number (P/N) of the MFLI 
of the fuel tank, and related investigative and corrective actions if 
necessary. If the P/N for each MFLI cannot be determined from a records 
review, the related investigative actions include accomplishing a 
visual inspection of the internal bore of each MFLI using an endoscope 
to determine the type of MFLI that is installed. If any aluminum MFLI 
with an S-shaped lock-wire standard is installed, or if a MFLI with an 
old P/N is installed, the corrective action includes replacing the MFLI 
with a new, improved MFLI. 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-2005-108, dated July 6, 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 airplanes 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.

Difference Between the Proposed AD and French Airworthiness Directive

    The applicability of the French airworthiness directive includes 
airplanes that are equipped with certain MFLI part numbers. However, we 
have not included those airplanes in the applicability of this proposed 
AD; rather, this proposed AD includes a requirement to review the 
airplane's maintenance records to determine if any MFLI of the fuel 
tank with a P/N identified in the old P/N column of the table in 
paragraph 1.L, ``Interchangeability/Mixability,'' of the referenced 
service bulletin is installed. Those P/Ns are the same as the P/Ns 
identified in the applicability of the French airworthiness directive. 
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.

Costs of Compliance

    This proposed AD would affect about 621 airplanes of U.S. registry. 
The proposed records review would take about 1 work hour per airplane, 
at an average labor rate of $65 per work hour. Based on these figures, 
the estimated cost of the proposed AD for U.S. operators is $40,365, or 
$65 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 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;

[[Page 74237]]

    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 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

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

Airbus: Docket No. FAA-2005-23314; Directorate Identifier 2005-NM-
189-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by January 
17, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-100 and A319-100 series 
airplanes; A320-111 airplanes; A320-200 series airplanes; and A321-
100 and A321-200 series airplanes; certificated in any category; 
except airplanes on which Airbus Modification 27496 has been 
installed in production.

Unsafe Condition

    (d) This AD results from several in-service incidents of wear 
and detachment of top-stops from the magnetic fuel level indicators 
(MFLI). Such detachment allows the top-stop to move around the fuel 
tank, and the top-stop could come into contact or in close proximity 
with a gauging probe, resulting in compromise of the air gap between 
the probe and the structure and creating a potential ignition 
source. We are issuing this AD to prevent an ignition source in the 
fuel tank in the event of a lightning strike, which could result in 
a fire or explosion.

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.

Review Airplane Maintenance Records/Investigative and Corrective 
Actions

    (f) Within 65 months or 6,500 flight hours after the effective 
date of this AD, whichever is first: Review the airplane's 
maintenance records to determine the part number (P/N) of each MFLI 
of the fuel tank in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A320-28-1138, dated March 18, 2005. If 
the P/N cannot be identified, or the P/N is identified in the ``old 
P/N'' column of the table in paragraph 1.L., ``Interchangeability/
Mixability,'' of the service bulletin, before further flight, do the 
applicable related investigative and corrective actions by 
accomplishing all of the actions in accordance with the 
Accomplishment Instructions of the service bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
on any airplane any MFLI with a P/N identified in the ``old P/N'' 
column of the table in paragraph 1.L., ``Interchangeability/
Mixability,'' of Airbus Service Bulletin A320-28-1138, dated March 
18, 2005.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) French airworthiness directive F-2005-108, dated July 6, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 8, 2005.
Michael Zielinski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-24051 Filed 12-14-05; 8:45 am]
BILLING CODE 4910-13-P