[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28238-28240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11027]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0998; Directorate Identifier 2011-NM-046-AD; 
Amendment 39-17042; AD 2012-09-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
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. This AD was prompted by reports that corrosion was found on 
the overwing refueling aperture on the top wing skin, and that for 
certain airplanes, repairs made using primer coating may prevent proper 
electrical bonding provision between the overwing refueling cap adaptor 
and the wing skin. This AD requires performing an electrical bonding 
test between the gravity fill re-fuel adaptor and the top skin panels 
on the left-hand and right-hand wings, and if necessary performing a 
general visual inspection for corrosion of the component interface and 
adjacent area, and repairing the gravity fuel adaptor if any corrosion 
is found. We are issuing this AD to detect and correct corrosion and 
improper bonding, which in combination with a lightning strike in this 
area, could create a source of ignition in a fuel tank, resulting in a 
fire or explosion, and consequent loss of the airplane.

DATES: This AD becomes effective June 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 18, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 5, 2011 (76 
FR 61641). That NPRM proposed to require 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 [European Aviation Safety Agency (EASA)] 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 [EASA] 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.

Request To Permit a Ferry Flight

    US Airways stated that there currently is no fly-back allowance in 
the NPRM (76 FR 61641, October 5, 2011). US Airways also stated that 
this makes it difficult for airlines to schedule the inspection 
quickly, which is the most desirable situation.
    We infer that US Airways is requesting a ferry flight permit. We 
partially agree with this request. Unless otherwise specified in the 
AD, special flight permits are currently allowed under section 39.23 of 
the Federal Aviation Regulations (14 CFR 39.23). No change is therefore 
necessary to the AD regarding this issue.

[[Page 28239]]

Request That the FAA Accept Published Service Repair Manual (SRM) 
Repairs as an FAA-Approved Corrective Action for Compliance With the AD

    US Airways stated that it asked Airbus to provide an SRM repair for 
expected findings, and that it has been informed by Airbus that a 
repair design was expected to be published in the February 2012 
revision of the SRM. US Airways requested that a statement in the final 
rule be added to acknowledge that published SRM repairs are a FAA-
approved corrective action for the proposed AD (76 FR 61641, October 5, 
2011).
    We partially agree with US Airways' request. We understand US 
Airways' concern regarding the unavailability of repair procedures and 
its effect on their scheduling of repairs since a discrepancy requires 
repair before further flight. However, we cannot provide approval of 
future SRM repairs in an AD by using the phrase, ``or later FAA-
approved revisions,'' because it violates the Office of the Federal 
Register regulations for approving materials that are incorporated by 
reference. However, we consider that service information (including SRM 
repair) approved by EASA (or its delegated agent) is equivalent to FAA-
approved corrective action for this AD, if it meets the certification 
basis of the affected airplanes and mitigates the unsafe condition 
addressed in this AD. We have not changed this AD in this regard.

Request To Revise the Costs of Compliance

    United Airlines requested that the ``Costs of Compliance'' section 
of the NPRM (76 FR 61641, October 5, 2011) be revised. United Airlines 
stated that under the ``Costs of Compliance'' section in the NPRM, an 
estimate of 6 work-hours is specified to comply with the NPRM. United 
Airlines stated that Airbus Service Bulletin A320-57-1152, dated June 
14, 2010, specifies a total of 12.5 work-hours to accomplish this 
inspection. United Airlines stated that Airbus Service Bulletin A320-
57-1152, dated June 14, 2010, provides a more accurate representation 
of the work-hours required for this task, and it requests that the FAA 
justify its proposed estimate of 6 work-hours required to comply with 
the NPRM.
    In addition, United Airlines stated that, when accomplishing 
paragraph (g)(2) of the NPRM (76 FR 61641, October 5, 2011), which 
requires performing a general visual inspection for corrosion if the 
resistance value is greater than 10 milliOhms, the operator is directed 
to section. 3.C.(2) of the Accomplishment Instructions, Subtask 571152-
832-401-001--Removal of Primer--Inspection for Corrosion, of Airbus 
Service Bulletin A320-57-1152, dated June 14, 2010. United Airlines 
stated that this subtask's ``Manpower Resources'' chart specifies that 
it takes ``5 man-hours and 2.5 hours elapsed time'' to complete that 
part of that service bulletin, and that under this subtask, Step (a), 
among other actions, requires defueling and venting of the two fuel 
tanks. United Airlines also stated that operator experience has shown 
that this procedure alone takes about ``8 man-hours and 4 hours of 
elapsed time.'' United Airlines stated it understands that it is not 
standard practice to propose manufacturers' service bulletin changes 
through the FAA, but it would like to offer a more accurate estimate of 
at least ``10 man-hours and 6 hours elapsed time,'' in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A320-57-
1152, dated June 14, 2010.
    We agree with United Airlines' request to revise the ``Costs of 
Compliance'' section of this AD. We have clarified the ``Costs of 
Compliance'' section by estimating that it would take about 2 work-
hours to perform the initial action (electrical bonding test). In 
addition, we have estimated that it would take about 12 work-hours to 
perform the follow-on actions (inspection for corrosion and repair). We 
have changed this AD accordingly.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD as proposed-except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 61641, October 5, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 61641, October 5, 2011).

Costs of Compliance

    We estimate that this AD will affect 67 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements (electrical bonding test) of this 
AD. The average labor rate is $85 per work-hour. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$11,390, or $170 per product.
    In addition, we estimate that any necessary follow-on actions 
(inspection for corrosion and repair) would take about 12 work-hours 
and require parts costing $0, for a cost of $1,020 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 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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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

[[Page 28240]]

contains the NPRM (76 FR 61641, October 5, 2011), 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 adding the following new AD:

2012-09-07 Airbus: Amendment 39-17042. Docket No. FAA-2011-0998; 
Directorate Identifier 2011-NM-046-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 18, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    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.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that corrosion was found on the 
overwing refueling aperture on the top wing skin, and that for 
certain airplanes, repairs made using primer coating may prevent 
proper electrical bonding provision between the overwing refueling 
cap adaptor and the wing skin. We are issuing this AD to detect and 
correct corrosion and improper bonding, which in combination with a 
lightning strike in this area, could create a source of ignition in 
a fuel tank, resulting in a fire or explosion, and consequent loss 
of the airplane.

(f) Compliance

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

(g) Electrical Bonding Test and General Visual Inspection if Necessary

    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 fill 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).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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 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/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.

(i) Related Information

    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.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Airbus Service Bulletin A320-57-1152, dated June 14, 2010.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, 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 April 30, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-11027 Filed 5-11-12; 8:45 am]
BILLING CODE 4910-13-P