[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14715-14718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5666]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22918; Directorate Identifier 2005-NM-172-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-100 and A320-200 
Series Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to certain Airbus Model A319-100 and A320-
200 series airplanes. The original NPRM would have required repetitive 
inspections of the wing-tank fuel pumps, canisters, and wing fuel tanks 
for detached identification labels, and corrective action if necessary. 
The original NPRM resulted from several incidents of detached plastic 
identification labels found floating in the wing fuel tanks. This 
action revises the original NPRM by expanding the applicability and 
mandating modification of the fuel strainers at the fuel pump and 
suction bypass intakes. We are proposing this supplemental NPRM to 
prevent plastic identification labels being ingested into the fuel 
pumps and consequently entering the engine fuel feed system, which 
could result in an engine shutdown.

DATES: We must receive comments on this supplemental NPRM by April 23, 
2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     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 9:00 
a.m. and 5:00 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 98057-3356; 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 supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22918; Directorate Identifier 2005-NM-172-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to certain Airbus Model A319-100 and 
A320-200 series airplanes. The original NPRM was published in the 
Federal Register on November 10, 2005 (70 FR 68379). The original NPRM 
proposed to require repetitive inspections of the wing-tank fuel pumps, 
canisters, and wing fuel tanks for detached identification labels, and 
corrective action if necessary.
    Since the original NPRM was issued, the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, superseded French airworthiness directive F-
2005-121, dated July 20, 2005, and issued EASA airworthiness directive 
2006-0236, dated August 10, 2006. The French airworthiness directive 
was referred to in the original NPRM. The EASA airworthiness directive 
expands the applicability and mandates the modification of the fuel 
strainers at the fuel pump and suction bypass intakes, which terminates 
the repetitive inspections.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1102, Revision 02, 
including Appendix 01, dated July 10, 2006 (Revision 01, dated February 
11, 2005, was referred to in the original NPRM as the appropriate 
source of service information for accomplishing the repetitive detailed 
visual inspections for detached identification labels in the four wing-
tank fuel pumps and canisters). The procedures in Revision 02 are 
essentially the same as those in Revision 01; however, Revision 02 
revises the accomplishment timescales, updates the effectivity, and 
contains editorial changes.

[[Page 14716]]

    Airbus has also issued Service Bulletin A320-57-1117, Revision 02, 
including Appendix 01, dated March 13, 2006. We referred to the 
original issue in the original NPRM as the appropriate source of 
service information for accomplishing the repetitive detailed visual 
inspections for detached identification labels in the collector cells 
between ribs 1 and 2, the surge tank between ribs 22 and 26, and the 
wing fuel tank and vent box. Additional work is necessary for airplanes 
on which the original issue of the service bulletin was accomplished. 
The procedures specified in subsequent revisions of the service 
bulletin include removing the labels, marking the fastener data on the 
wing structure with black ink on a white background, and restoring the 
primer before marking the fastener data on the wing structure. An 
additional inspection of work accomplished in accordance with previous 
issues of the service bulletin is also necessary. The inspection 
involves an adhesion test of the paint applied.
    In addition, Airbus has issued Service Bulletin A320-28-1149, dated 
June 14, 2006. The service bulletin describes procedures for modifying 
the fuel strainers at the fuel pump and suction bypass intakes. The 
modification includes, among other things, installing support brackets 
for the fuel pump strainers; installing new, improved fuel pump 
strainer assemblies; and installing new, improved fuel pump suction 
valve strainer assemblies. Accomplishing this modification eliminates 
the need for the repetitive inspections specified in Service Bulletin 
A320-28-1102. Service Bulletin A320-28-1149 also recommends prior or 
concurrent accomplishment of the inspections specified in Service 
Bulletin A320-57-1117.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The EASA mandated 
the service information and issued airworthiness directive 2006-0236, 
dated August 10, 2006, to ensure the continued airworthiness of these 
airplanes in France.

Comments

    We have considered the following comments on the original NPRM.

Request To Change Applicability/Add Revised Service Information

    Airbus states that the EASA airworthiness directive corrects the 
applicability specified therein (and identified in the original NPRM). 
Airbus adds that the service bulletins have also been revised to list 
new manufacturer serial numbers (MSNs) in the applicability, including 
two U.S. MSNs.
    We infer that Airbus wants us to change the applicability in the 
original NPRM and add the revised service information. We agree to 
change the applicability in this supplemental NPRM to correspond with 
the EASA airworthiness directive specified in the Discussion section 
above, and to add the revised Airbus service bulletins specified in the 
Relevant Service Information section above. Therefore, we have changed 
paragraphs (c), (f), (g), and (i) of this supplemental NPRM 
accordingly.

Requests To Extend Repetitive Inspection Interval or Remove Repetitive 
Inspections Specified in Paragraph (f) of the Original NPRM

    The Air Transport Association (ATA), on behalf of two of its 
members, Northwest Airlines and America West Airlines, states that the 
intent of the 600-flight-hour repetitive inspections for detached 
identification labels in the four wing-tank fuel pumps and canisters is 
already being addressed per the current master minimum equipment list 
(MMEL) requirements, and would be superfluous and ineffective. America 
West asks that the one-pump restriction per MMEL 28-21-01 be removed on 
airplanes identified in Service Bulletin A320-28-1102. America West 
states that the pumps will be inspected at sufficient intervals to 
provide an acceptable level of assurance that the remaining pump is not 
clogged with labels.
    Northwest Airlines states that accomplishing the noted service 
bulletins and the current MMEL makes the inspection requirement 
unnecessary. Northwest Airlines adds that this is for two main reasons: 
First, the only remaining labels will be located in the vent box, and 
thus not normally immersed in fuel; therefore, it would be improbable 
that the labels would detach; second, per the MMEL, a wing tank fuel 
pump cannot be placed on the MEL if a ``Fuel Tank LO PR'' warning is 
displayed on the electronic centralized aircraft monitor. If this 
warning is displayed, the airplane is grounded pending a full 
inspection of the affected fuel system components.
    America West states that the 600-flight-hour repeat interval is not 
warranted due to the actions taken. America West previously 
accomplished the inspection of the fuel pumps and canisters specified 
in Airbus Service Bulletin A320-28-1102, Revision 01. America West adds 
that it also previously accomplished the inspection of the fuel tank 
and vent box specified in Airbus Service Bulletin A320-57-1117. America 
West finds that these actions adequately removed all the labels and it 
has been over two years since the inspection was accomplished and no 
labels have been found in the fuel tanks or pumps during that 
timeframe. America West is concerned that repeating the inspection 
every 600 flight hours would result in excessive removals of the pumps, 
which could lead to additional maintenance issues and possible safety 
issues, such as damage to the pump and/or fuel leaks. America West asks 
that the repetitive interval be extended to a C-check.
    America West also notes that it does not agree with the definition 
of a detailed inspection specified in the original NPRM. America West 
explains that the definition would be interpreted as a requirement to 
have the component torn down in a shop environment, and adds that 
experience has shown that the pump can have an adequate inspection at 
the airplane and the canisters can be inspected without removal from 
the airplane.
    We partially agree. We do not agree to remove the repetitive 
inspections required by paragraph (f) of this supplemental NPRM; 
however, we do agree to extend the repetitive interval for certain 
airplanes. We have changed paragraph (g) of this supplemental NPRM to 
require repeating the inspection at intervals not to exceed 600 flight 
hours for airplanes on which the actions specified in Airbus Service 
Bulletin A320-57-1117, Revision 02, dated March 13, 2006, have not been 
done; or at intervals not to exceed 3,000 flight hours for airplanes on 
which those actions have been done. This supplemental NPRM would also 
require repeating the inspection before the next flight following any 
wing-tank fuel pump failure. This change coincides with the repetitive 
inspection interval required by the EASA airworthiness directive. In 
addition, we do not agree to remove the one-pump restriction per MMEL 
28-21-01, as this reinforces maintaining safe flight of the airplane 
following any wing-tank fuel pump failure.

Request To Use Alternate Marking Procedure

    ATA, on behalf of its member U.S. Airways, states that the repair 
procedure in Appendix 01 of Service Bulletin A320-57-1117 requests 
operators to apply varnish over the white painted area on which panel 
fastener information is written using indelible ink. U.S. Airways adds 
that it found that if a marker is used to re-identify the fastener 
information, as soon as the

[[Page 14717]]

recommended varnish is applied, the information gets smudged and 
smeared and is no longer legible. U.S. Airways used black paint MPN 
8000B00701CAQBTX instead of the recommended marker, and after the 
varnish is applied there is no smudging or smearing. U.S. Airways asks 
that the supplemental NPRM include approval to use this black paint (or 
equivalent) in lieu of Eddings 8404.
    We do not agree to change the supplemental NPRM to specify 
alternative marking methods. Revision 02 of Service Bulletin A320-57-
1117 includes a note specifying that the varnish be applied with a 
single brush stroke, as subsequent brush strokes may cause damage to 
the lettering. However, if operators continue to have problems with the 
marking they may request an alternative method of compliance to obtain 
approval for using the black paint, in accordance with the procedures 
specified in paragraph (l) of this supplemental NPRM. We have made no 
change to the supplemental NPRM in this regard.

Request To Change Work Hours

    US Airways states that the Costs of Compliance section in the 
original NPRM specifies 3 work hours (including an operational test) 
per airplane for the inspection specified in Service Bulletin A320-28-
1102, and 6 work hours (including an operational test) for the 
inspection specified in Service Bulletin A320-57-1117. U.S. Airways 
notes that the service bulletins referred to in the Costs of Compliance 
section actually specify 10 and 47 hours respectively. U.S. Airways 
asks that the work hours be changed to specify between 24 and 30 work 
hours for accomplishing the inspections.
    We do not agree to change the work hours as specified by U.S. 
Airways. The cost information describes only the direct costs of the 
specific actions required by this AD. Based on the best data available, 
the manufacturer provided the number of work hours necessary to do the 
required actions. These numbers represent the time necessary to perform 
only the actions actually required by this supplemental NPRM. We 
recognize that, in doing the actions required by a supplemental NPRM, 
operators might incur incidental costs in addition to the direct costs. 
The cost analysis in AD rulemaking actions, however, typically does not 
include incidental 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, which might vary 
significantly among operators, are almost impossible to calculate. 
However, the work hours specified in Revision 02 of Service Bulletin 
A320-57-1117 were revised to include time necessary for additional 
procedures. Therefore, we have changed the work hours specified for the 
inspections in that service bulletin to 20 work hours. We have made no 
further change to this supplemental NPRM regarding this issue.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Difference Between the Supplemental NPRM and EASA Airworthiness 
Directive

    The EASA airworthiness directive mandates changes to the MMEL. This 
supplemental NPRM will not mandate those MMEL changes because the 
limits imposed by the FAA-approved MMEL meet or exceed those mandated 
by the EASA airworthiness directive. We have coordinated this issue 
with the EASA.

Explanation of Change to Costs of Compliance Section

    After the original NPRM was issued, we reviewed the figures we have 
used over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$65 per work hour to $80 per work hour. The costs of compliance, below, 
reflect this increase in the specified hourly labor rate.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this supplemental NPRM.

                                                                     Estimated Costs
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                                                                                                                 Number  of
                                                          Average                                                  U.S.-
                  Action                    Work hours   labor rate     Parts           Cost per airplane        registered           Fleet cost
                                                          per hour                                               airplanes
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Inspection specified in Service Bulletin             3          $80           $0  $240, per inspection cycle..           70  $16,800, per inspection
 A320-28-1102.                                                                                                                cycle.
Inspection specified in Service Bulletin            20           80            0  $1,600, per inspection cycle           70  $112,000, per inspection
 A320-57-1117.                                                                                                                cycle.
Modification specified in Service                   20           80            0  $1,600......................           70  $112,000.
 Bulletin A320-28-1149.
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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

[[Page 14718]]

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 supplemental NPRM 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-2005-22918; Directorate Identifier 2005-NM-
172-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 23, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A319-100 and Model A320-
200 series airplanes, certificated in any category, as identified in 
Airbus Service Bulletins A320-28-1102, Revision 02, dated July 10, 
2006, and A320-57-1117, Revision 02, dated March 13, 2006.

Unsafe Condition

    (d) This AD results from several incidents of detached plastic 
identification labels found floating in the wing fuel tanks. We are 
issuing this AD to prevent plastic identification labels being 
ingested into the fuel pumps and consequently entering the engine 
fuel feed system, which could result in an engine shutdown.

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.

Repetitive Inspections/Corrective Actions of Four Wing-Tank Fuel Pumps 
and Canisters

    (f) Perform a detailed inspection for detached identification 
labels in the four wing-tank fuel pumps and canisters, and do all 
applicable corrective actions, by doing all the actions in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-28-1102, Revision 02, dated July 10, 2006; except as 
provided by paragraph (j) of this AD. Do all applicable corrective 
actions before further flight. Inspect at the earlier of the 
compliance times specified in paragraphs (f)(1) and (f)(2) of this 
AD.
    (1) Within 600 flight hours after the effective date of this AD.
    (2) Before the next flight following any wing-tank fuel pump 
failure.
    (g) Repeat the inspection required by paragraph (f) of this AD 
thereafter at the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD, until accomplishment of paragraph (j) of this AD.
    (1) For airplanes on which the inspections required by paragraph 
(i) of this AD have not been done: Repeat the inspection at 
intervals not to exceed the earlier of the times specified in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
    (i) 600 flight hours.
    (ii) Before the next flight following any wing-tank fuel pump 
failure.
    (2) For airplanes on which the inspections required by paragraph 
(i) of this AD have been done: Repeat the inspection at intervals 
not to exceed the earlier of the times specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD.
    (i) 3,000 flight hours.
    (ii) Before the next flight following any wing-tank fuel pump 
failure.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Credit for Actions Accomplished Using Previous Service Information

    (h) Inspections and corrective actions accomplished before the 
effective date of this AD in accordance with Airbus Service Bulletin 
A320-28-1102, dated August 20, 2002; or Revision 01, dated February 
11, 2005; are considered acceptable for compliance with the 
corresponding actions specified in paragraph (f) of this AD.

Inspection/Corrective Actions of the Collector Cells, Surge Tank, Wing 
Fuel Tank and Vent Box

    (i) Within 60 months after the effective date of this AD: 
Perform a detailed inspection for detached identification labels in 
the collector cells between ribs 1 and 2, the surge tank between 
ribs 22 and 26, and the wing fuel tank and vent box, and do any 
applicable corrective actions, by doing all the applicable actions 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-57-1117, Revision 02, including Appendix 01, dated 
March 13, 2006. Do any applicable corrective action before further 
flight.

Modification

    (j) Before the accumulation of 162 months since first flight of 
the airplane, or within 6 months after the effective date of this 
AD, whichever is later: Modify the fuel strainers at the fuel pump 
and suction bypass intakes by doing all the actions in accordance 
with Airbus Service Bulletin A320-28-1149, dated June 14, 2006. 
Accomplishment of the modification in this paragraph ends the 
repetitive inspections required by paragraph (g) of this AD.

No Reporting Required

    (k) Although Airbus Service Bulletin A320-28-1102, Revision 02, 
dated July 10, 2006, specifies submitting an inspection report to 
the manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (l)(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

    (m) European Aviation Safety Agency airworthiness directive 
2006-0236, dated August 10, 2006, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on March 20, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-5666 Filed 3-28-07; 8:45 am]
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