[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61641-61643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25569]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-046-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319-111, -112, and -132 
Airplanes; Model A320-111, -211, -212, -214 and -232 Airplanes; and 
Model A321-111, -211, -212, and -231 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Cases of corrosion findings have been reported on the overwing 
refueling aperture (used to fill the fuel tank by gravity) on the 
wing top skin. * * *
* * * * *
    This condition, if not corrected, could, in combination with a 
lightning strike in this area, create a source of ignition in a fuel 
tank, possibly resulting in a fire or explosion and consequent loss 
of the aeroplane.
* * * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 21, 
2011.

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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; e-mail: [email protected]; Internet http://www.airbus.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations 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: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; 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-2011-0998; 
Directorate Identifier 2011-NM-046-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 based on 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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2011-0034, dated March 2, 2011 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Cases of corrosion findings have been reported on the overwing 
refueling aperture (used to fill the fuel tank by gravity) on the 
wing top skin. The reported corrosion was on the mating surface of 
the aperture flange, underneath the refuel adaptor. Corrosion 
findings have been repaired on a case by case basis in accordance 
with approved data.
    For certain aeroplanes (identified by MSN in the applicability 
section of this AD), the provided repair contained instructions to 
apply primer coating on the mating surface. Since doing those 
repairs, it has been found that this primer coating may prevent 
proper electrical bonding provision between the overwing refuelling 
cap adaptor and the wing skin.
    This condition, if not corrected, could, in combination with a 
lightning strike in this area, create a source of ignition in a fuel 
tank, possibly resulting in a fire or explosion and consequent loss 
of the aeroplane.
    For the reasons described above, this AD requires a one-time 
electrical bonding check between the gravity fill re-fuel adaptor 
and the top skin panels on the affected aeroplanes and, in case of 
findings [a general visual inspection for corrosion of the component 
interface and adjacent area], the application of the associated 
corrective actions [i.e. repair].

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1152, dated June 14, 
2010. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this

[[Page 61642]]

AD because we evaluated all pertinent information and determined an 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 67 products of U.S. registry. We also estimate that 
it would take about 6 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $34,170 or $510 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $0, for a cost of 
$510 per product. We have no way of determining the number of products 
that may need these actions.

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 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 this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-
046-AD.

Comments Due Date

    (a) We must receive comments by November 21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A319-111, -112, and -132 
airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; and 
Model A321-111, -211, -212, and -231 airplanes; certificated in any 
category; having manufacturer serial numbers 0039, 0078, 0109, 0118, 
0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236, 
0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337, 
0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921, 
0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287, 
1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616, 
1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Cases of corrosion findings have been reported on the overwing 
refueling aperture (used to fill the fuel tank by gravity) on the 
wing top skin. * * *
* * * * *
    This condition, if not corrected, could, in combination with a 
lightning strike in this area, create a source of ignition in a fuel 
tank, possibly resulting in a fire or explosion and consequent loss 
of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 24 months after the effective date of this AD, do an 
electrical bonding test to check for bonding between the re-fuel 
adaptor of the gravity fill and the top skin panels on the left-hand 
and right-hand wings, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-57-1152, dated June 14, 
2010.
    (1) If the resistance value is 10 milliOhms or less at the left-
hand and right-hand wing, no further action is required.
    (2) If the resistance value is greater than 10 milliOhms at the 
left-hand or right-hand wing, before further flight do a general 
visual inspection for corrosion of the component interface and 
adjacent area, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-57-1152, dated June 14, 2010. If any 
corrosion is found during the inspection, before further flight 
repair the gravity fuel adaptor, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1152, 
dated June 14, 2010; except where Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, specifies to contact Airbus before 
further flight, repair using a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:

[[Page 61643]]

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1405; fax (425) 227-1149. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district office. The AMOC approval letter 
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2011-0034, dated 
March 2, 2011; and Airbus Service Bulletin A320-57-1152, dated June 
14, 2010; for related information.

    Issued in Renton, Washington, on September 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25569 Filed 10-4-11; 8:45 am]
BILLING CODE 4910-13-P