[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Proposed Rules]
[Pages 32060-32064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13191]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0493; Directorate Identifier 2011-NM-180-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 32061]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) for all Airbus Model A318-111 and -112 airplanes; and all Model
A319, A320, and A321 series airplanes. The existing AD currently
requires revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. Since we issued that AD, Airbus has issued more
restrictive maintenance requirements and/or airworthiness limitations.
This proposed AD would revise the maintenance program to incorporate
revised fuel maintenance and inspection tasks, and add airplanes to the
applicability. We are proposing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by July 16, 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-2012-0493;
Directorate Identifier 2011-NM-180-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 November 16, 2009, we issued AD 2007-15-06 R1, Amendment 39-
16097 (74 FR 62219, November 27, 2009). That AD required actions
intended to address an unsafe condition on the products listed above.
Since we issued AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219,
November 27, 2009), Airbus has issued A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated August
26, 2010. The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2011-0155, dated August 25, 2011
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
The airworthiness limitations are currently published in the
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS).
The Fuel Airworthiness Limitations (FAL) are specified in Airbus
A318/A319/A320/A321 FAL Document reference 95A.1931/05, which is
approved by the European Aviation Safety Agency (EASA) and
referenced in the Airbus A318/A319/A320/A321 ALS Part 5.
The issue 4 of Airbus A318/A319/A320/A321 FAL Document
introduces more restrictive maintenance requirements and/or
airworthiness limitations. Failure to comply with these more
restrictive maintenance requirements and airworthiness limitations
contained in this document constitutes an unsafe condition.
This [EASA] AD retains the requirement of EASA AD 2006-0203,
which is superseded, and requires the implementation of the new or
more restrictive maintenance requirements and/or airworthiness
limitations as specified in Airbus A318/A319/A320/A321 FAL Document
issue 4.
We are proposing this AD to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion and consequent loss of the
airplane. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
Airbus has issued A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 4, dated August 26, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
Explanation of Changes Made to This NPRM
We have changed Note 1 and Note 2 of the restated requirements of
AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009),
to lettered paragraphs (i) and (j), respectively, in this NPRM. These
changes do not add any additional burden upon the public than was
required in the existing AD.
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.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would
[[Page 32062]]
affect about 745 products of U.S. registry.
The actions that are required by AD 2007-15-06 R1, Amendment 39-
16097 (74 FR 62219, November 27, 2009), and retained in this proposed
AD take about 2 work-hours 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 $170
per product.
We estimate that it would take about 2 work-hours per product to
comply with the new 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 $126,650, or $170
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);
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 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 airworthiness directive
(AD) 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27,
2009), and adding the following new AD:
Airbus: Docket No. FAA-2012-0493; Directorate Identifier 2011-NM-
180-AD.
(a) Comments Due Date
We must receive comments by July 16, 2012.
(b) Affected ADs
This AD supersedes AD 2007-15-06 R1, Amendment 39-16097 (74 FR
62219, November 27, 2009).
(c) Applicability
(1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category; all serial
numbers.
(2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections and/or Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that
have been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance (AMOC)
according to paragraph (l)(1) of this AD. The request should include
a description of changes to the required actions that will ensure
the continued operational safety of the airplane.
(d) Subject
Air Transport Association (ATA) of America Code 05, Periodic
Inspections.
(e) Reason
This AD was prompted by Airbus issuing more restrictive
maintenance requirements and/or airworthiness limitations. We are
issuing this AD to prevent the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank 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) Retained Revision of the Airworthiness Limitations Section (ALS) To
Incorporate Fuel Maintenance and Inspection Tasks
This paragraph restates the requirements of paragraph (f) of AD
2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009).
For Model A318-111 and -112 airplanes, and Model A319, A320, and
A321 airplanes: Within 3 months after August 28, 2007 (the effective
date of AD 2007-15-06), revise the ALS of the Instructions for
Continued Airworthiness to incorporate Airbus A318/A319/A320/A321
ALS Part 5--Fuel Airworthiness Limitations, dated February 28, 2006,
as defined in Airbus A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005
(approved by the European Aviation Safety Agency (EASA) on March 14,
2006), Section 1, ``Maintenance/Inspection Tasks;'' or Airbus A318/
A319/A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05,
Issue 2, dated July 8, 2008 (approved by the EASA on December 19,
2008), Section 1, ''Maintenance/Inspection Tasks.'' For all tasks
identified in Section 1 of Airbus A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated
December 19, 2005; or Issue 2, dated July 8, 2008; the initial
compliance times start from August 28, 2007, and the repetitive
inspections must be accomplished thereafter at the intervals
specified in Section 1, ''Maintenance/Inspection Tasks,'' of Airbus
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 1, dated December 19, 2005; or Issue 2, dated
July 8, 2008.
Note 1 to paragraph (g) of this AD: Airbus Operator Information
Telex (OIT) SE 999.0076/06, dated June 20, 2006, provides guidance
on identifying the applicable sections of the Airbus A318/A319/A320/
A321 Airplane Maintenance Manual necessary for accomplishing the
tasks specified in Section 1 ''Maintenance/Inspection Tasks,'' of
Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 1, dated December 19, 2005; or Issue 2, dated
July 8, 2008.
(h) Retained Revision of the ALS To Incorporate CDCCLs
This paragraph restates the requirements of paragraph (g) of AD
2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009).
For Airbus Model A318-111 and -112 airplanes, and Model
[[Page 32063]]
A319, A320, and A321 airplanes: Within 12 months after August 28,
2007 (the effective date of AD 2007-15-06), revise the ALS of the
Instructions for Continued Airworthiness to incorporate Airbus A318/
A319/A320/A321 ALS Part 5-Fuel Airworthiness Limitations, dated
February 28, 2006, as defined in Airbus A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated
December 19, 2005 (approved by the EASA on March 14, 2006), Section
2, ``Critical Design Configuration Control Limitations;'' or Airbus
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 2, dated July 8, 2008 (approved by EASA on
December 19, 2008), Section 2, ''Critical Design Configuration
Control Limitations.''
(i) Retained No Alternative Inspections, Inspection Intervals, or
CDCCLs
(1) This paragraph restates the requirements of paragraph (h) of
AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27,
2009). Except as provided by paragraph (l) of this AD: After
accomplishing the actions specified in paragraphs (g) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
(2) Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (g) and (h) of this AD, do not need to be
reworked in accordance with the CDCCLs. However, once the ALS has
been revised, future maintenance actions on these components must be
done in accordance with the CDCCLs.
(j) Revise Maintenance Program
Within 6 months after the effective date of this AD: Revise the
maintenance program to incorporate the new or revised tasks, life
limits, and CDCCLs specified in Airbus A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated
August 26, 2010, except as required in paragraph (j)(4) of this AD.
The initial compliance times and intervals are stated in these
documents, except as required in paragraphs (j)(1) through (j)(4) of
this AD, or within 6 months after the effective date of this AD,
whichever occurs later. For certain tasks, the compliance times
depend on the pre-modification and post-modification status of the
airplane. Incorporating the requirements of this paragraph
terminates the corresponding requirements of paragraphs (g) and (h)
of this AD.
(1) For airplanes whose first flight occurred before August 28,
2007 (the effective date of AD 2007-15-06 R1, Amendment 39-16097 (74
FR 62219, November 27, 2009)), the first accomplishment of tasks
281800-01-1, Functional Check of Tank Vapour Seal and Vent Drain
System; and 281800-02-1, Detailed Inspection of Vapour Seal; must be
performed no later than 11 months after the effective date of this
AD.
(2) The first accomplishment of Tasks 470000-01-1, Operational
Check of DFSOV, Dual Flapper Check Valves and NEA Line for Leaks;
470000-02-1, Operational Check of both Dual Flapper Check Valves for
Leaks; 470000-03-1, Operational Check of Dual Flapper Check Valves
for Reverse Flow and NEA Line for Leaks; 470000-04-1, Operational
Check of Dual Flapper Check Valves for Reverse Flow; and 470000-05-
1, Remove Air Separation Module (ASM) and Return to Vendor for
Workshop Check; must be calculated, in accordance with paragraphs
(j)(2)(i) or (j)(2)(ii) of this AD.
(i) From the airplane first flight for airplanes on which Airbus
modification 38062 or 38195 has been embodied in production, or
(ii) From the in-service installation of the fuel tank inerting
system specified in Airbus Service Bulletin A320-47-1001, Airbus
Service Bulletin A320-47-1002, Airbus Service Bulletin A320-47-1003,
Airbus Service Bulletin A320-47-1004, Airbus Service Bulletin A320-
47-1006, or Airbus Service Bulletin A320-47-1007.
(3) Although Airbus A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 4, dated August 26, 2010,
does not refer to Airbus Service Bulletin A320-47-1006 and Airbus
Service Bulletin A320-47-1007, the tasks apply as follows:
(i) Tasks 470000-01-1, Operational Check of DFSOV, Dual Flapper
Check Valves and NEA Line for Leaks; and 470000-02-1, Operational
Check of both Dual Flapper Check Valves for leaks; apply to
airplanes that have previously accomplished the actions specified in
Airbus Service Bulletin A320-47-1007.
(ii) Task 470000-03-1, Operational Check of Dual Flapper Check
Valves for Reverse Flow and NEA Line for Leaks; applies to airplanes
that have previously accomplished the actions specified in Airbus
Service Bulletin A320-47-1006, and that have not accomplished the
actions specified in Airbus Service Bulletin A320-47-1007.
(iii) Task 470000-04-1, Operational Check of Dual Flapper Check
Valves for Reverse Flow; applies to airplanes in post-modification
38195 configuration and that have not accomplished the actions
specified in Airbus Service Bulletin A320-47-1007.
(iv) Task 470000-05-1, Remove ASM and return to Vendor for
workshop check; applies to airplanes that have previously
accomplished the actions specified in Airbus Service Bulletin A320-
47-1007, and are in pre-modification 151529 configuration.
(4) Replace each ASM identified in table 1 of this AD in
accordance with a method approved by either the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent). The compliance time for the replacement is before the
accumulation of 27,000 flight hours (component time)--i.e., the life
limitation.
Note 2 to paragraph (g)(4) of this AD: Airbus A318/A319/A320/
A321 Maintenance Manual Task 47-10-43-920-001-A, Air Separation
Module Replacement, is an additional source of guidance for
accomplishment of the removal and replacement of the ASM.
Table 1--ASM Replacement
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ASM Part No. Affected airplane configuration
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2060017-101............................ Post-modification 38062, or
Post-Airbus Service Bulletin A320-47-1002, or
Post-Airbus Service Bulletin A320-47-1004, or
Post-Airbus Service Bulletin A320-47-1007
2060017-102............................ Post-modification 152033, or
Post-Airbus Service Bulletin A320-47-1011
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(k) No Alternative Actions Intervals, and/or CDCCLs
After accomplishing the revisions required by paragraph (j) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Airbus A318/
A319/A320/A321 ALS Part 5--Fuel Airworthiness Limitations, dated
February 28, 2006, as defined in Airbus A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated
August 26, 2010, unless the actions, intervals, and/or CDCCLs are
approved as an AMOC in accordance with the procedures specified in
paragraph (l)(1) of this AD.
(l) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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:
[[Page 32064]]
[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.
(m) Related Information
(1) Refer to MCAI EASA Airworthiness Directive 2011-0155, dated
August 25, 2011, and the following service information, for related
information.
(i) Airbus A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness
Limitations, dated February 28, 2006.
(ii) Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 1, dated December 19, 2005.
(iii) A318/A319/A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 2, dated July 8, 2008.
(iv) Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 4, dated August 26, 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. 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.
Issued in Renton, Washington, on May 18, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-13191 Filed 5-30-12; 8:45 am]
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