[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Proposed Rules]
[Pages 77934-77937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1321; Directorate Identifier 2011-NM-045-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Airbus Model A319 series airplanes, Model A320-211, -212, -214, 
-231, -232, and -233 airplanes, and Model A321 series airplanes that 
would supersede an existing AD. 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:

    Following an automatic [additional center tank(s)] ACT fuel 
transfer failure on an A319, it was noted that the ACT manhole cover 
seals were extruded, allowing leakage.
    This condition, if not corrected, can lead to fuel and/or vapour 
leakage, possibly resulting in a combustible fuel vapour/air mixture 
in the cargo compartment, which would constitute a fire risk.
* * * * *
    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 January 30, 
2012.

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, 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; email: [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-2011-1321; 
Directorate Identifier 2011-NM-045-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

    On October 26, 2005, we issued AD 2005-23-02, Amendment 39-14360 
(70 FR 69067, November 14, 2005). That AD required actions intended to 
address an unsafe condition on Airbus Model A319-100 Series Airplanes, 
Model A320-111 airplanes, Model A320-200 series airplanes, and Model 
A321-100 series airplanes.
    Since we issued AD 2005-23-02, Amendment 39-14360 (70 FR 69067, 
November 14, 2005), The European Aviation Safety Agency (EASA), which 
is the Technical Agent for the Member States of the European Community, 
has issued EASA Airworthiness Directive 2010-0177, dated August 30, 
2010 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Following an automatic ACT fuel transfer failure on an A319, it 
was noted that the ACT manhole cover seals were extruded, allowing 
leakage.
    This condition, if not corrected, can lead to fuel and/or vapour 
leakage, possibly resulting in a combustible fuel vapour/air mixture 
in the cargo compartment, which would constitute a fire risk.
    DGAC France AD F-2004-038 [which corresponds to FAA AD 2005-23-
02] was issued to require the replacement of the ACT manhole cover 
and its seal in accordance with SB A320-28-1105, but this 
modification has proved not to be fully effective. Therefore, it is 
necessary to replace the seal material and to change the 
installation process in order to prevent such seal deformation and 
possibility of leakage.

[[Page 77935]]

    For the reasons described above, this [EASA] AD supersedes DGAC 
France AD F-2004-038 (EASA approval 2004-2110) and requires the 
replacement of the existing manhole seal with a new seal.

This AD also adds certain ACT equipped airplanes, produced after AD 
2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) was 
issued, to the applicability. This AD also removes Model A320-111 
airplanes from the applicability because there are no operational Model 
A320-111 airplanes in the United Stated and Airbus intends to remove 
this model from the EASA Type Data Sheet. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A320-28-1162, Revision 
02, dated December 18, 2009. 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 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 721 products of U.S. registry.
    The actions that are required by AD 2005-23-02, Amendment 39-14360 
(70 FR 69067, November 14, 2005) and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Required parts cost about $0 per product. Based on these figures, 
the estimated cost of the currently required actions is $85 per 
product.
    We estimate that it would take about 3 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Where the service information lists 
required parts costs that are covered under warranty, we have assumed 
that there will be no charge for these parts. As we do not control 
warranty coverage for affected parties, some parties may incur costs 
higher than estimated here. Based on these figures, we estimate the 
cost of the proposed AD on U.S. operators to be $183,855, or $255 per 
product.

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 removing Amendment 39-14360 (70 FR 
69067, November 14, 2005) and adding the following new AD:

Airbus: Docket No. FAA-2011-1321; Directorate Identifier 2011-NM-
045-AD.

Comments Due Date

    (a) We must receive comments by January 30, 2012.

Affected ADs

    (b) This AD supersedes AD 2005-23-02, Amendment 39-14360 (70 FR 
69067, November 14, 2005).

Applicability

    (c) This AD applies to Airbus airplanes listed in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD; certificated in any category; 
all serial numbers; if equipped with one or more additional center 
tank(s) (ACT) with a part number (P/N) listed in table 1 of this AD. 
This AD does not apply to airplanes already having received Airbus 
modification 38036 in production.
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 
airplanes.
    (2) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (3) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 
airplanes.

[[Page 77936]]



                                                  Table 1--Affected ACT Part Numbers for Applicability
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                  D2827091100000                         D2827105100200                         D2827105300600                        D2827105500400
                  D2827091100200                         D2827105100400                         D2827105300800                        D2827105500600
                  D2827091100400                         D2827105100600                         D2827105400000                        D2827105500800
                  D2827091100600                         D2827105100800                         D2827105400200                        D2827105600000
                  D2827091100800                         D2827105200000                         D2827105400400                        D2827105600200
                  D2827091101000                         D2827105200200                         D2827105400600                        D2827105600400
                  D2827091300000                         D2827105200400                         D2827105400800                        D2827105600600
                  D2827091300200                         D2827105200600                         D2827105401000                        D2827105600800
                  D2827091300400                         D2827105200800                         D2827105401200                        D2827107500000
                  D2827091300600                         D2827105300000                         D2827105401400                        D2827107500200
                  D2827091300800                         D2827105300200                         D2827105500000                        D2827107500400
                  D2827105100000                         D2827105300400                         D2827105500200                        D2827107500600
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Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    Following an automatic ACT fuel transfer failure on an A319, it 
was noted that the ACT manhole cover seals were extruded, allowing 
leakage.
    This condition, if not corrected, can lead to fuel and/or vapour 
leakage, possibly resulting in a combustible fuel vapour/air mixture 
in the cargo compartment, which would constitute a fire risk.
* * * * *

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.

Restatement of Requirements of AD 2005-23-02, Amendment 39-14360 (70 FR 
69067, November 14, 2005), With New Sealing Procedures

    (g) Within 30 days (for Model A319-111, -112, -113, -114, -115, 
-131, -132, and -133 airplanes) or 12 months (for Model A320-211, -
212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, 
and -131 airplanes) after December 19, 2005 (the effective date of 
AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005): 
Determine whether the part number (P/N) of each ACT installed on the 
airplane is included in table 2 of this AD. If no ACT installed on 
the airplane has a P/N included in table 2 of this AD, no further 
work is required by this paragraph.

                            Table 2--Affected ACT P/Ns for AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005)
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                  D2827091100000                         D2827105100200                         D2827105300400                        D2827105500200
                  D2827091100200                         D2827105100400                         D2827105400000                        D2827105500400
                  D2827091100600                         D2827105200000                         D2827105400200                        D2827105600000
                  D2827091300000                         D2827105200200                         D2827105400400                        D2827105600200
                  D2827091300200                         D2827105200400                         D2827105400600                        D2827105600400
                  D2827091300400                         D2827105300000                         D2827105400800                        D2827107500000
                  D2827105100000                         D2827105300200                         D2827105500000                        D2827107500200
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Manhole Cover/Seal Replacement

    (h) Within 30 days (for Model A319-111, -112, -113, -114, -115, 
-131, -132, and -133 airplanes) or 12 months (for Model A320-211, -
212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, 
and -131 airplanes) after December 19, 2005: For each ACT P/N listed 
in table 2 of this AD: Before further flight, replace the outer ACT 
manhole cover with a reinforced manhole cover and replace the outer 
manhole cover seal with a new seal, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-28-1105, 
Revision 02, dated March 11, 2005. Replacements are also acceptable 
if done before December 19, 2005, in accordance with Airbus Service 
Bulletin A320-28-1105, Revision 01, dated March 18, 2003; and Airbus 
Service Bulletin A320-28-1105, dated October 22, 2002. As of the 
effective date of this AD, doing the manhole cover seal replacement 
required by paragraph (i) of this AD, terminates the manhole cover 
seal replacement required by this paragraph.

New Requirements of This AD

ACT Modification

    (i) Within 3,000 flight cycles or 24 months, whichever occurs 
first after the effective date of this AD: Modify the affected ACT 
listed in table 1 of this AD by replacing the manhole seal, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A320-28-1162, Revision 02, dated December 18, 2009. 
Accomplishing the manhole cover sealing replacement specified in 
this paragraph terminates the manhole cover sealing replacement 
required in paragraph (h) of this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install 
an ACT, whose part number is listed in table 1 of this AD, on any 
airplane unless it has been modified prior to its installation, in 
accordance with Airbus Mandatory Service Bulletin A320-28-1162, 
Revision 02, dated December 18, 2009.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (k) Modifying the ACT in accordance with Airbus Mandatory 
Service Bulletin A320-28-1162, dated February 6, 2008; or Revision 
01, dated July 16, 2008; before the effective date of this AD is 
acceptable for compliance with the corresponding modification 
required by paragraph (i) of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 emailed 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/

[[Page 77937]]

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

    (m) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0177, dated August 30, 2010; Airbus 
Mandatory Service Bulletin A320-28-1162, Revision 02, dated December 
18, 2009; and Airbus Service Bulletin A320-28-1105, Revision 02, 
dated March 11, 2005; for related information.

    Issued in Renton, Washington, on December 6, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-32076 Filed 12-14-11; 8:45 am]
BILLING CODE 4910-13-P