[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15023-15024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2850]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23314; Directorate Identifier 2005-NM-189-AD; 
Amendment 39-14523; AD 2006-06-14]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting 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 AD requires operators to review the airplane's 
maintenance records to determine the part numbers of the magnetic fuel 
level indicators (MFLI) of the wing fuel tanks, and related 
investigative and corrective actions if necessary. This 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 
wing 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 
wing fuel tank in the event of a lightning strike, which could result 
in a fire or explosion.

DATES: This AD becomes effective May 1, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 1, 2006.

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, Transport Airplane Directorate, FAA, 
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 airworthiness directive (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 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 
A318-100 and A319-100 series airplanes, A320-111 airplanes, A320-200 
series airplanes, and A321-100 and A321-200 series airplanes. That NPRM 
was published in the Federal Register on December 15, 2005 (70 FR 
74235). That NPRM proposed to 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.

Comments

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

Request To Clarify Affected Fuel Tanks

    US Airways asks that the NPRM be changed to add that the affected 
fuel tanks are wing fuel tanks only. US Airways states that the type of 
fuel tank is specified in the referenced service bulletin. We agree 
with US Airways and have clarified that only the wing fuel tanks are 
affected. We have made this change throughout the AD.

Request for Clarification of Part Number (P/N) Determination

    US Airways states that the NPRM specifies determining the P/Ns of 
the MFLI of the fuel tank by reviewing maintenance records; however, 
upon review, US Airways found no reference to MFLI P/N position 
installation information. US Airways adds that there is no reference or 
baseline for determining the part installed in the MFLI position 
without tank entry and a visual check.
    Although US Airways requested no change, we agree with their 
comment. The Relevant Service Information section of the NPRM specifies 
the following: ``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.'' This 
inspection can be done without entering the tank. We have made no 
change to the AD in this regard.

Request To Change Work Hours

    US Airways also asks that the work hours specified in the NPRM be 
changed from 1 to 8 work hours to reflect a more realistic time to 
inspect the MFLI. US Airways states that since the units are installed 
in five to seven positions, depending on the type of airplane, one hour 
for accomplishing the actions, as estimated in the NPRM, is not 
sufficient.
    We acknowledge and agree with US Airways' concern for the reasons 
stated. We have changed the Costs of Compliance section of this AD 
accordingly.

Explanation of Change to Applicability

    We have 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 changes described previously. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 621 airplanes of U.S. registry. The actions 
will take between 1 and 8 work hours per airplane, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is between $40,365 and $322,920, or 
between $65 and $520 per airplane.

[[Page 15024]]

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 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

    Air transportation, Aircraft, 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):

2006-06-14 Airbus: Amendment 39-14523. Docket No. FAA-2005-23314; 
Directorate Identifier 2005-NM-189-AD.

Effective Date

    (a) This AD becomes effective May 1, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111 and -112 airplanes; 
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes; A320-111 airplanes; Model A320-211, -212, -214, -231, -
232, and -233 airplanes; Model A321-111, -112, and -131 airplanes; 
and Model A321-211, -212, -213, -231, and -232 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 the top-stops from the magnetic fuel level 
indicators (MFLI). Such detachment allows the top-stop to move 
around the wing 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 wing 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 wing fuel tanks 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 of the wing fuel tanks 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.

Material Incorporated by Reference

    (j) You must use Airbus Service Bulletin A320-28-1138, dated 
March 18, 2005, 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2850 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P