[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Proposed Rules]
[Pages 9046-9048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2453]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23948; Directorate Identifier 2005-NM-246-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-100 and A320-200 
Series Airplanes; and A320-111 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 A319-100 and A320-200 series airplanes; and 
A320-111 airplanes. This proposed AD would require modifying the wiring 
to the fuel pump control of the center fuel tank. This proposed AD 
results from reports that the low-pressure warning for the fuel pumps 
of the center fuel tank has come on in flight. We are proposing this AD 
to ensure that the fuel pumps do not run while dry, which could result 
in a potential ignition source inside the center fuel tank which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by March 24, 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, 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 in the ADDRESSES section. Include the docket number ``FAA-2006-
23948; Directorate Identifier 2005-NM-246-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 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 FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
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

[[Page 9047]]

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 co-operate 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 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 Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified us that an unsafe 
condition may exist on certain Airbus Model A319-100 and A320-200 
series airplanes; and A320-111 airplanes. The DGAC advises that 
operators have reported that the low-pressure warning for the fuel 
pumps of the center fuel tank has come on in flight. The probable cause 
is re-wetting of the low-level sensors for the center tank pumps when 
the airplane is maneuvered, and when the altitude changes. The warning 
also may come on when the airplane experiences turbulence. This 
condition, if not corrected, could cause the fuel pumps to run while 
dry, which could result in a potential ignition source inside the 
center fuel tank which, in combination with flammable fuel vapors, 
could result in a fuel tank explosion and consequent loss of the 
airplane.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1059, Revision 06, dated 
June 29, 2000. The service bulletin describes procedures for modifying 
the wiring to the fuel pump control of the center fuel tank to 
``latch'' the pumps off when the low-level sensor has been dry for 5 
minutes. The modification also includes installing two-pole relays to 
release the ``latch'' when the refuel door is opened or when switching 
from ``Auto'' to ``Manual'' mode for center pump operation. 
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-
2005-173, dated October 26, 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.

Difference Between French Airworthiness Directive and This Proposed AD

    The applicability of French airworthiness directive F-2005-173 
excludes airplanes on which Airbus Service Bulletin A320-28-1059 was 
accomplished in service. However, we have not excluded those airplanes 
from 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.

Costs of Compliance

    This proposed AD would affect about 119 airplanes of U.S. registry. 
The proposed actions would take about 17 work hours per airplane, at an 
average labor rate of $65 per work hour. There is no cost for parts. 
Based on these figures, the estimated cost of the proposed AD for U.S. 
operators is $131,495, or $1,105 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;
    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:


[[Page 9048]]


    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-2006-23948; Directorate Identifier 2005-NM-
246-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 24, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; and Model A320-111, -211, -
212, -214, -231, -232, and -233 airplanes; certificated in any 
category; that have received Airbus Modification 20024 in production 
(installation of a center tank), except airplanes on which Airbus 
Modification 24373 has been accomplished.

Unsafe Condition

    (d) This AD results from reports that the low-pressure warning 
for the fuel pumps of the center fuel tank has come on in flight. We 
are issuing this AD to ensure that the fuel pumps do not run while 
dry, which could result in a potential ignition source inside the 
center fuel tank which, in combination with flammable fuel vapors, 
could result in a fuel tank explosion 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.

Modification

    (f) Within 20 months after the effective date of this AD, modify 
the wiring to the fuel pump control of the center fuel tank by doing 
all actions specified in the Accomplishment Instructions of Airbus 
Service Bulletin A320-28-1059, Revision 06, dated June 29, 2000.

Credit for Previous Revisions of Service Bulletin

    (g) Modifications done before the effective date of this AD in 
accordance with the service bulletins identified in Table 1 of this 
AD are acceptable for compliance with the requirements of paragraph 
(f) of this AD.

            Table 1.--Previous Revisions of Service Bulletin
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                                   Revision
     Airbus service bulletin        level                Date
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A320-28-1059....................         04  February 4, 1999.
A320-28-1059....................         05  March 12, 1999.
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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-2005-173, dated October 26, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-2453 Filed 2-21-06; 8:45 am]
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