[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Pages 13507-13509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5017]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27011; Directorate Identifier 2006-NM-175-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
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 all Airbus Model A318, A319, A320, and 
A321 airplanes. The original NPRM would have superseded an existing AD 
that currently requires inspecting to determine the part number and 
serial number of the fuel tank boost pumps and, for airplanes with 
affected pumps, revising the airplane flight manual (AFM) and the FAA-
approved maintenance program. The existing AD also provides for 
optional terminating action for compliance with the revisions to the 
AFM and the maintenance program. The original NPRM proposed to require 
modifying or replacing the fuel tank boost pumps, which would terminate 
the AFM limitations and the maintenance program revisions. The original 
NPRM resulted from a report that a fuel tank boost pump failed in 
service, due to a detached screw of the boost pump housing that created 
a short circuit between the stator and rotor of the boost pump motor 
and tripped a circuit breaker. This new action revises the original 
NPRM by excluding certain modified airplanes from the applicability, 
requiring the AFM/maintenance program revisions on additional 
airplanes, and requiring modification or replacement of additional fuel 
tank boost pumps. We are proposing this supplemental NPRM to prevent 
electrical arcing in the fuel tank boost pump motor, which, in the 
presence of a combustible air-fuel mixture in the pump, could result in 
an explosion and loss of the airplane.

DATES: We must receive comments on this supplemental NPRM by April 7, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 1 
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27011; Directorate Identifier 2006-NM-175-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) (the 
``original NPRM'') to amend 14 CFR part 39 to include an AD that 
supersedes AD 2006-12-02, amendment 39-14626 (71 FR 34814, June 16, 
2006). The existing AD applies to all Airbus Model A318, A319, A320, 
and A321 airplanes. The original NPRM was published in the Federal 
Register on January 25, 2007 (72 FR 3371). The original NPRM proposed 
to retain the existing AD's requirements (identifying airplanes with 
certain fuel tank boost pumps and, for those airplanes, revising the 
airplane flight manual (AFM) and maintenance program, with optional 
terminating action). The original NPRM also proposed to require 
modifying or replacing the fuel tank boost pumps, which would terminate 
the AFM limitations and maintenance program revisions.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, the European Aviation Safety 
Agency (EASA), which is the Technical Agent for the Member States of 
the European Community, has notified us that the unsafe condition could 
exist on airplanes with any Type 8410 fuel pump having part number (P/
N) 568-1-27202-001, -002, or -005. (The original NPRM would have 
applied only to airplanes with Type 8410 fuel pumps having P/N 568-1-
27202-005 with serial number 6137 and subsequent.)

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1159, dated January 8, 
2007. The service bulletin describes procedures for determining the 
type and part number of the fuel pumps, and for modifying or replacing 
certain fuel pumps. 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 2007-0218, dated August 10, 2007, to ensure the continued 
airworthiness of these airplanes in the European Union.
    The service bulletin refers to EATON Service Bulletin 8410-28-05, 
dated October 2, 2006, as an additional source of service information 
for the actions associated with the modification.

[[Page 13508]]

    Airbus has also issued TR 4.03.00/28, Issue 02, dated May 18, 2007, 
to add reference to certain AMM chapters, to clarify the note regarding 
inadvertent operation with less than 2,000 kg (4,500 lb) of fuel in the 
center tank, and to clarify the instructions for operation of the 
center tank fuel pumps. Paragraph (g)(2) of AD 2006-12-02 refers to 
Airbus Temporary Revision (TR) 4.03.00/28, dated May 4, 2006.

Comments

    There were no comments on the original NPRM.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    We have determined that the unsafe condition might exist on 
airplanes with any type 8410 fuel pumps having P/N 568-1-27202-001, -
002, or -005, any serial number. It is therefore necessary to include 
airplanes with these fuel pumps among the group affected by the 
requirement to revise the AFM and maintenance program. We also find it 
necessary to mandate the modification/replacement of the affected fuel 
boost pumps specified in Airbus Service Bulletin A320-28-1159 for all 
affected airplanes. We have also limited the proposed applicability to 
exclude airplanes already modified in production.
    The changes discussed above expand the scope of the original NPRM; 
we have therefore determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment on this 
supplemental NPRM.

Explanation of ``Concurrent'' Actions

    Airbus Service Bulletin A320-28-1159 states that the actions 
specified in Airbus Service Bulletin A320-28-1153 (previously described 
in the original NPRM) must be done concurrently. Because the actions 
specified in both service bulletins accomplish the same result for 
airplanes equipped with Type 8410 fuel pumps having P/N 568-1-27202-005 
with serial number 6137 and subsequent, this supplemental NPRM would 
consider a modification done before the effective date of the AD in 
accordance with Service Bulletin A320-28-1153 acceptable as terminating 
action for the proposed actions on airplanes equipped with Type 8410 
fuel pumps having P/N 568-1-27202-005 with serial number 6137 and 
subsequent.

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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                                                   Average
                                          Work      labor                               Cost per       Number of U.S.-
                Action                   hours     rate per            Parts            airplane    registered  airplanes            Fleet cost
                                                     hour
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Identification of boost pumps........          1        $80  None....................        $80  670.....................  $53,600.
Revisions to AFM and maintenance               1         80  None....................         80  Up to 670...............  Up to $53,600.
 program.
Modifications........................          3         80  (*).....................        240  Up to 670...............  Up to $160,800.
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* Eaton states that pumps will qualify for free repair.

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 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 
removing amendment 39-14626 (71 FR 34814, June 16, 2006) and adding the 
following new airworthiness directive (AD):

Airbus: Docket No. FAA-2007-27011; Directorate Identifier 2006-NM-
175-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 7, 
2008.

Affected ADs

    (b) This AD supersedes AD 2006-12-02.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
airplanes, certificated in any category, except those airplanes on 
which Airbus modification 36734 or 37508 has been incorporated in 
production.

Unsafe Condition

    (d) This AD results from a report that a fuel tank boost pump 
failed in service, due to a

[[Page 13509]]

detached screw of the boost pump housing that created a short 
circuit between the stator and rotor of the boost pump motor and 
tripped a circuit breaker. We are issuing this AD to prevent 
electrical arcing in the fuel tank boost pump motor, which, in the 
presence of a combustible air-fuel mixture in the pump, could result 
in an explosion and 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.

Restatement of Certain Requirements of AD 2006-12-02

Part and Serial Number Inspection

    (f) Within 10 days after July 3, 2006 (the effective date of AD 
2006-12-02), inspect to determine the part number (P/N) and serial 
number (S/N) of each fuel tank boost pump installed in the wing and 
center fuel tanks. A review of maintenance records may be performed 
instead of the required inspection if the P/N and S/N of the fuel 
boost pump can be conclusively determined from that review. One 
approved method for conducting this inspection or records review is 
specified in Airbus Service Bulletin A320-28-1152, dated May 5, 
2006; or Revision 01, dated July 17, 2006.

Revisions to Airplane Flight Manual (AFM)/Maintenance Program: P/N 568-
1-27202-005 With S/Ns 6137 and Subsequent

    (g) For airplanes equipped with one or more Eaton Aerospace 
Limited (formerly FR-HITEMP Limited) fuel boost pumps, having P/N 
568-1-27202-005 with S/N 6137 and subsequent: Prior to further 
flight after accomplishing the inspection required by paragraph (f) 
of this AD, do the actions specified in paragraphs (g)(1) and 
(g)(2), as applicable of this AD, until the modifications/
replacements required by paragraph (j) of this AD have been done.
    (1) Revise the Limitations section of the Airbus A318/A319/A320/
A321 AFM and the FAA-approved maintenance program by incorporating 
the following. This may be accomplished by inserting copies of this 
AD into the AFM and the maintenance program.

    Apply the following procedure at each fuel loading:
    Refueling:
    Before refueling, all pumps must be turned off, in order to 
prevent them from automatically starting during the refueling 
process.
    Ground fuel transfer:
    For all aircraft, do not start a fuel transfer from any wing 
tank, if it contains less than 700 kg (1,550 lb) of fuel.
    For A318, A319, and A320 aircraft with a center tank, do not 
start a fuel transfer from the center tank, if it contains less than 
2,000 kg (4,500 lb) of fuel.
    If a tank has less than the required quantity, it is necessary 
to add fuel (via a transfer from another tank or refueling) to 
enable a transfer to take place.
    Defueling:
    For all aircraft, when defueling the wings, do not start the 
fuel pumps if the fuel quantity in the inner tank (wing tank for 
A321) is below 700 kg (1,550 lb). If the fuel on the aircraft is not 
sufficient to achieve the required fuel distribution, then transfer 
fuel or refuel the aircraft to obtain the required fuel quantity in 
the wing tank.
    For A318, A319, and A320 aircraft with a center tank, when 
performing a pressure defuel of the center tank, make sure that the 
center tank contains at least 2,000 kg (4,500 lb) of fuel. If it has 
less than the required quantity, then transfer fuel to the center 
tank. Defuel the aircraft normally, and turn OFF the center tank 
pumps immediately after the FAULT light on the corresponding 
pushbutton-switch comes on.

    (2) For all airplanes equipped with a center tank (modification 
20024) excluding A321 models, revise the Limitations section of the 
AFM to incorporate the changes specified in Airbus Temporary 
Revision (TR) 4.03.00/28, dated May 4, 2006; or 4.03.00/28, Issue 
02, dated May 18, 2007. This may be accomplished by inserting a copy 
of the TR into the AFM. When general revisions of the AFM have been 
issued that incorporate the revisions specified in the TR, the copy 
of the TR may be removed from the AFM, provided the relevant 
information in the general revision is identical to that in TR 
4.03.00/28.

New Requirements of This AD

Part and Serial Number Inspection

    (h) For all airplanes: Within 10 days after the effective date 
of this AD, inspect to determine the type and part number of each 
fuel tank boost pump installed in the wing and center fuel tanks. A 
review of maintenance records may be performed instead of the 
required inspection if the part number and serial number of the fuel 
boost pump can be conclusively determined from that review. One 
approved method for conducting this inspection or records review is 
specified in Airbus Service Bulletin A320-28-1159, dated January 8, 
2007.

Revisions to AFM/Maintenance Program: P/Ns 568-1-27202-001 and -002; 
and P/N 568-1-27202-005 With S/Ns Below 6137

    (i) For airplanes equipped with one or more Eaton Aerospace 
Limited (formerly FR-HITEMP Limited) fuel boost pumps, having P/N 
568-1-27202-001 or 568-1-27202-002; or P/N 568-1-27202-005 with any 
serial number below 6137: Before further flight after accomplishing 
the inspection required by paragraph (h) of this AD, do the actions 
specified in paragraphs (g)(1) and (g)(2) of this AD, as applicable, 
until the modifications/replacements required by paragraph (j) of 
this AD have been done.

Terminating Action

    (j) For airplanes equipped with one or more Eaton Aerospace 
Limited (formerly FR-HITEMP Limited) fuel boost pumps, having P/N 
568-1-27202-001, -002, or -005: Within 5,000 flight hours or 18 
months, whichever occurs first after the effective date of this AD, 
modify or replace affected fuel boost pumps in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-28-1159, 
dated January 8, 2007. Modification or replacement of all affected 
fuel tank boost pumps on an airplane terminates the requirements of 
this AD, and the limitations required by paragraph (g) of this AD 
may be removed from the AFM and the maintenance program for that 
airplane.

    Note 1: For additional sources of service information for the 
fuel pump modification/replacement, Airbus Service Bulletin A320-28-
1159 refers to EATON Service Bulletin 8410-28-05, dated October 2, 
2006.

Credit for Actions Done Using Previous Service Information

    (k) Modification of a fuel pump before the effective date of 
this AD in accordance with Airbus Service Bulletin A320-28-1153, 
dated May 5, 2006, is acceptable for compliance with the 
corresponding requirements of paragraph (j) of this AD, for that 
pump only.

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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) AMOCs approved previously in accordance with AD 2006-12-02 
are approved as AMOCs for the corresponding provisions of this AD.

Related Information

    (m) European Aviation Safety Agency airworthiness directive 
2007-0218, dated August 10, 2007, also addresses the subject of this 
AD.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-5017 Filed 3-12-08; 8:45 am]
BILLING CODE 4910-13-P