[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67379-67383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25997]


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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; 
Amendment 39-15722; AD 2008-23-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Airbus Model A318, A319, A320, and A321 
airplanes. That AD 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. This new AD requires 
modifying or replacing the fuel tank boost pumps, which would terminate 
the AFM limitations and the maintenance program revisions. This AD 
results 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. 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.

DATES: This AD becomes effective December 19, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 19, 
2008.
    On July 3, 2006 (71 FR 34814, June 16, 2006), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication.

ADDRESSES: For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; fax +33 5 61 93 44 51; e-mail: [email protected]; Internet http://www.airbus.com. 

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (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. That 
supplemental NPRM was published in the Federal Register on March 13, 
2008 (73 FR 13507). That supplemental NPRM proposed to supersede 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. That supplemental 
NPRM proposed to require modifying or replacing the fuel tank boost 
pumps, which would terminate the AFM limitations and the maintenance 
program revisions. That supplemental NPRM proposed to exclude certain 
modified airplanes from the applicability, require the AFM/maintenance 
program revisions on

[[Page 67380]]

additional airplanes, and require modification or replacement of 
additional fuel tank boost pumps.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received on the 
supplemental NPRM.

Request To Remove Paragraph (k) of the Supplemental NPRM

    Airbus states a concern that we have introduced Airbus Modification 
36734/Mandatory Service Bulletin A320-28-1153, dated May 5, 2006, as 
terminating action to the AD. Airbus recognizes that this modification 
and associated service bulletin were terminating action for AD 2006-12-
02, however Airbus points out that any modified pump installed 
according to either Airbus Modification 36734 or Airbus Mandatory 
Service Bulletin A320-28-1153 is two-way interchangeable with an 
affected pump having a part number ending in -005, -002, or -001. 
Airbus points out that Airbus Modification 37508 and Airbus Mandatory 
Service Bulletin A320-28-1159, dated January 8, 2007, are the only 
means to ensure that no affected pumps are on the airplanes. Further, 
Airbus states that operators that do not use Airbus Mandatory Service 
Bulletin A320-28-1159 will not be allowed to update their AFMs.
    From these statements, we infer that Airbus is requesting that we 
remove paragraph (k) of the supplemental NPRM, which provides credit 
for actions done using Airbus Mandatory Service Bulletin A320-28-1153, 
and that we remove reference to Airbus Modification 36734 from the 
applicability statement of the supplemental NPRM. We do not agree. This 
AD requires accomplishment of Airbus Mandatory Service Bulletin A320-
28-1159, which, as Airbus points out, allows operators to remove the TR 
from the AFM. We have determined that any affected fuel pump modified 
in accordance with the actions specified in Airbus Mandatory Service 
Bulletin A320-28-1153 (Modification 36734) will be the same as any 
affected fuel pump modified in accordance with Airbus Mandatory Service 
Bulletin A320-28-1159. Therefore, paragraph (k) of this AD merely 
provides credit to operators that have previously modified an affected 
fuel pump before the effective date of this AD using Airbus Mandatory 
Service Bulletin A320-28-1153 for that pump only. While we understand 
Airbus' concern that the modified pumps may be interchanged with 
unmodified pumps, we note that paragraph (j) of this AD allows removal 
of the AFM TR only if all pumps have been replaced or modified. 
Therefore, we have made no change to this AD in this regard.

Request To Refer to Latest Temporary Revision (TR)

    Airbus notes that Airbus TR 4.03.00/28, Issue 02, dated May 18, 
2007, to the Airbus A318/319/320/321 AFM has replaced Airbus TR 
4.03.00/28, dated May 4, 2006. From this statement, we infer that 
Airbus requests that we revise this AD to refer to Airbus TR 4.03.00/
28, Issue 02. Because Airbus TR 4.03.00/28, Issue 02, is already 
referred to in paragraph (g)(2) of this AD, we do not agree that any 
change to the AD is necessary in this regard.

Request To Remove Certain Fuel Boost Pumps

    Air Transport Association (ATA), on behalf of one of its members, 
Northwest Airlines (NWA), states that the proposed actions should not 
apply to fuel boost pumps below serial number (S/N) 6137 and that no 
operating restrictions should be placed on airplanes with those pumps. 
NWA states that there have been no definitive findings of missing or 
loose fasteners on pumps below S/N 6137. NWA further asserts that the 
fuel boost pump vendor, Eaton, has indicated the cause of the unsecured 
nuts was errors made by a robotic tool used during assembly, which was 
not used prior to S/N 6137 and not used on any older pump part numbers.
    From these statements, we infer that the commenters request that we 
remove fuel boost pumps having S/N below S/N 6137 from the requirements 
of this AD. We do not agree. While it is true that there have not been 
any confirmed loose or missing fasteners found on the -001, -002, or -
005 Eaton fuel boost pump with a serial number below S/N 6137, these 
pumps are vulnerable to the same unsafe condition. We, along with 
Airbus and the European Aviation Safety Agency (EASA), have determined 
that all of the subject fuel boost pumps might have had inadequate 
torque applied to the screws during assembly, whether hand-driven 
(below S/N 6137) or robotic-driven (above S/N 6137). Therefore, the 
operational restriction must be applied to all airplanes with the 
affected Eaton fuel boost pumps installed until the fuel boost pumps 
are modified in accordance with the AD. We have made no change to the 
AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received on the supplemental NPRM, and determined that air 
safety and the public interest require adopting the AD as proposed in 
the supplemental NPRM.

Costs of Compliance

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

                                                                     Estimated Costs
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                                                      Average labor                            Cost per        Number of U.S.-
               Action                  Work hours     rate per hour          Parts             airplane      registered airplanes        Fleet cost
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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  Eaton states that                 240  Up to 670............  Up to $160,800.
                                                                      pumps will qualify
                                                                      for free repair.
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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,

[[Page 67381]]

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 FAA amends Sec.  39.13 by removing amendment 39-14626 (71 FR 
34814, June 16, 2006) and by adding the following new AD:

2008-23-01 Airbus: Amendment 39-15722. Docket No. FAA-2007-27011; 
Directorate Identifier 2006-NM-175-AD.

Effective Date

    (a) This AD becomes effective December 19, 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 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. Airbus 
Mandatory Service Bulletin A320-28-1152, dated May 5, 2006; or 
Revision 01, dated July 17, 2006; is acceptable for complying with 
the requirements of this paragraph.

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 A318/319/320/
321 AFM (``the 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 
Airbus A318/319/320/321 AFM (``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, dated May 4, 2006; 
or 4.03.00/28, Issue 02, dated May 18, 2007.

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. Airbus 
Mandatory Service Bulletin A320-28-1159, dated January 8, 2007, is 
acceptable for complying with the requirements of this paragraph.

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-

[[Page 67382]]

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 Mandatory 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 Airbus A318/319/320/321 AFM 
and the maintenance program for that airplane.

    Note 1: For additional sources of service information for the 
fuel pump modification/replacement, Airbus Mandatory Service 
Bulletin A320-28-1159, dated January 8, 2007, refers to EATON 
Service Bulletin 8410-28-05, dated October 2, 2006.

Credit for Actions Done Using Alternative Service Information

    (k) Modification of a fuel pump before the effective date of 
this AD in accordance with Airbus Mandatory 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, ATTN: 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; has the authority to approve 
AMOCs for this AD, if requested using 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.

Material Incorporated by Reference

    (n) You must use the service information specified in Table 1 of 
this AD to perform the actions that are required by this AD, as 
applicable, unless the AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
        Service information                   Revision/issue level                          Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin    Original.............................  May 5, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Revision 01..........................  July 17, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Original.............................  January 8, 2007.
 A320-28-1159.
Airbus Temporary Revision 4.03.00/   Original.............................  May 4, 2006.
 28.
Airbus Temporary Revision 4.03.00/   Issue 02.............................  May 18, 2007.
 28 to the Airbus A318/319/320/321
 Airplane Flight Manual.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of the documents specified in Table 2 of 
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
        Service information                   Revision/issue level                          Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin    Original.............................  May 5, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Revision 01..........................  July 17, 2006.
 A320-28-1152, including Appendix
 01.
Airbus Mandatory Service Bulletin    Original.............................  January 8, 2007.
 A320-28-1159.
Airbus Temporary Revision 4.03.00/   Issue 02.............................  May 18, 2007.
 28 to the Airbus A318/319/320/321
 Airplane Flight Manual.
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[[Page 67383]]

    (2) On July 3, 2006 (71 FR 34814, June 16, 2006), the Director 
of the Federal Register previously approved the incorporation by 
reference of Airbus Temporary Revision 4.03.00/28, dated May 4, 
2006.
    (3) Contact Airbus, Airworthiness Office--EAS, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 44 
51; e-mail: [email protected]; Internet http://www.airbus.com, for a copy of this service information. You may 
review copies at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at 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 October 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25997 Filed 11-13-08; 8:45 am]
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