[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21230-21233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08068]



[[Page 21230]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1105; Directorate Identifier 2012-NM-137-AD; 
Amendment 39-17406; AD 2013-07-02]
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 all 
Airbus Model A318, A319, and A320 series airplanes. This AD was 
prompted by fuel system reviews conducted by the manufacturer, which 
revealed that certain fuel pumps under certain conditions can create an 
ignition source in the fuel tank. This AD requires modification of the 
center tank fuel pump control circuit by installation of ground fault 
interrupters (GFIs). This AD would also require either replacement of 
the GFI or deactivation of the associated fuel pump following failure 
of any post-modification operational test of the GFI. 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 fuel 
tank explosions and consequent loss of the airplane.

DATES: This AD becomes effective May 15, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 15, 
2013.

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 23, 2012 (77 
FR 64765). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

    * * * The FAA published Special Federal Aviation Regulation 
(SFAR) 88, and the Joint Aviation Authorities (JAA) published 
Interim Policy INT/POL/25/12.
    In the framework of these requirements, EASA [European Aviation 
Safety Agency] have determined that the electrical power supply 
circuits of certain fuel pumps, installed on A320 family aeroplanes, 
for which the canisters become uncovered during normal operation, 
could, under certain conditions, create an ignition source in the 
tank vapour space.
    This condition, if not corrected, could result in a fuel tank 
explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Airbus developed a 
modification which includes installing Ground Fault Interrupters 
(GFI) into the centre tank fuel pump control circuit, providing 
additional system protection by electrically isolating the pump in 
case of a ground fault condition downstream of the GFI.
    Consequently, EASA issued AD 2012-0133 to require modification 
of the centre tank fuel pump control circuit by installing GFI and 
thereafter, in case a GFI failed an operational test, replacement of 
the faulty GFI, or deactivation of the associated fuel pump in 
accordance with the provisions of the applicable Master Minimum 
Equipment List (MMEL).
    Since that [EASA] AD was issued, it was noted that, 
inadvertently, the Applicability of the Final AD was incorrect (the 
preceding PAD [proposed AD] 12-051 was correct) by excluding 
aeroplanes on which Airbus modification 150736 has been embodied in 
production. As a result, the required actions when a GFI fails an 
operational test did not apply to those aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements [modification of the centre tank fuel pump control 
circuit by installing GFI] of EASA AD 2012-0133, which is 
superseded, and expands the Applicability to aeroplanes on which 
Airbus modification 150736 has been embodied in production.

The required actions also include either replacement of the GFI or 
deactivation of the associated fuel pump following failure of any post-
modification operational test of the GFI. 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 considered the comments received.

Request To Withdraw NPRM (77 FR 64765, October 23, 2012)

    An anonymous commenter questioned the constitutionality of creating 
an airworthiness directive.
    We infer that the commenter is requesting that we withdraw the NPRM 
(77 FR 64765, October 23, 2012), because it is unconstitutional. We 
disagree. Under part 39 of the Federal Aviation Regulations (14 CFR 
part 39), we issue an AD addressing a product when we find that an 
unsafe condition exists in the product, and the condition is likely to 
exist or develop in other products of the same type design. In the case 
of this AD, we determined that the unsafe condition-the potential of 
ignition sources inside fuel tanks with flammable fuel vapors-could 
result in fuel tank explosions and consequent loss of the airplane.
    Further, under the Administrative Procedure Act (APA) (Pub. L. 79-
404, 5 U.S.C. 551, et.seq.) we are required to provide notice of our 
intent to add, change, or remove information in a rule, as well as to 
give the public an opportunity to participate in rulemaking actions 
unless we find good cause to bypass those requirements. (The APA is a 
body of laws that, working together, provide minimum guidelines and 
rules that federal agencies are required to follow when issuing a rule 
or changing existing rules that, if adopted, would impact the rights of 
the regulated public.) We have followed these requirements in issuing 
this AD. We have determined it is appropriate to proceed with issuing 
the final rule.

Request To Shorten Compliance Time

    Although agreeing with the intent of the NPRM (77 FR 64765, October 
23, 2012), Air Line Pilots Association, International (ALPA) 
recommended that we shorten the compliance time to 24 months or less.
    We disagree with the request to shorten the compliance time of the 
AD. The ALPA did not provide substantiating data that would justify 
such a shortening of the compliance time. We determined the compliance 
time (48 months after the effective date of this AD) primarily based on 
our assessment of the safety risk. In establishing the compliance time, 
we considered the overall risk to the fleet, including the severity of 
the failure and the likelihood of the failure's occurrence. We have not 
changed this final rule regarding this issue.

Request To Clarify Paragraph (h) of the NPRM (77 FR 64765, October 23, 
2012)

    Virgin America requested clarification of paragraph (h) of the NPRM 
(77 FR

[[Page 21231]]

64765, October 23, 2012). Virgin America stated that, according to 
paragraph (h) of the NPRM, for airplanes on which Modification 150736 
has been embodied in production, and no GFI has been permanently 
removed (i.e., the airplane has been demodified) since first flight, 
then the actions required by paragraph (g) of the NPRM would not be 
required. The commenter stated that an operator may remove and replace 
a GFI during normal maintenance operations. The commenter requested 
that we clarify the sentence in paragraph (h) that states ``and on 
which no GFI has been removed since first flight.''
    We agree to clarify the intent of paragraph (h) of this AD. 
Paragraph (h) of this AD is to ensure that the modification required by 
paragraph (g) of this AD is required only if the operator has modified 
the airplane from the as-delivered configuration. We have revised 
paragraph (h) of this final rule accordingly.

Request for Clarification of Deactivation

    Virgin America stated that clarification is needed for paragraph 
(i) of the NPRM (77 FR 64765, October 23, 2012) with regard to 
deactivation of the center tank fuel pump. FAA master minimum equipment 
list (MMEL) 28-21-02 does not include instructions for deactivating 
center tank fuel pumps.
    We agree. The terminology in FAA MMEL 28-21-02 is different from 
what is used in EASA AD 2012-0198, dated September 26, 2012. We have 
revised paragraph (i) in this final rule to clarify that the word 
``deactivated'' is synonymous with ``inoperative.'' The FAA MMEL does 
contain (M) notation (i.e., maintenance requirements for certain cases 
of dispatch).

Request for Instructions for Continued Flight After Inadvertent GFI 
Tripping

    Delta stated that there have been industry reports of in-service 
difficulties due to the GFI's tripping and generating a ``CTR TK PUMP 2 
LO PR'' message. Preliminary evaluations by the manufacturer have found 
the subject GFIs to be faulty, but a root cause has not been reported. 
Delta requested that we work with Airbus to provide instructions for 
continued flight after inadvertent GFI tripping.
    We are aware of these events. GFIs are expected to isolate the 
ignition source downstream of the GFI in the center fuel tank. We 
encourage operators to work with the original equipment manufacturers 
(OEMs) for identifying the root cause of premature failure of GFIs so 
that OEMs can take appropriate steps to alleviate the commenter's 
concerns referenced in the comment. These events are not considered 
unsafe conditions that warrant changing the final rule regarding this 
issue.

Request To Define Tasks for GFI Operational Test Failure

    Delta requested that we define the conditional tasks--to be done if 
a GFI fails an operational test--as specified in paragraph (i) of the 
NPRM (77 FR 64765, October 23, 2012).
    We partially agree with the commenter. We agree that no tasks have 
been provided by Airbus at this time to address failure of the GFI 
operational tests; however, this AD requires the operators to contact 
the FAA for approval of an alternative method of compliance (AMOC) in 
accordance with paragraph (j)(1) of this AD. We have not changed the 
final rule regarding this issue.

Request To Correct Task Number

    Airbus and Kirk Taylor requested that we revise the NPRM (77 FR 
64765, October 23, 2012) to reflect the correction of the maintenance 
review board report (MRBR) task in Note 1, which should read 
``28.18.00/10'' instead of 28.18.00/01.
    We agree with the request to correct the MRBR task number. We have 
revised Note 1 to paragraph (i) of this AD to refer to Task 28.18.00/
10, Operational Check of Centre Tank Fuel Pump GFI, of the Airbus A318/
A319/A320/A321 Maintenance Review Board Report or Task 281800-710-801, 
Operational Check of Centre Tank Fuel Pump GFI, of the Airbus A318/
A319/A320 Aircraft Maintenance Manual.

Request To Correct Typographical Error

    Virgin America noted an error in Note 2 of the NPRM (77 FR 64765, 
October 23, 2012), which should refer to paragraph (i) instead of 
paragraph (h) of the AD.
    We agree. We have changed Note 2 to paragraph (i) of this AD to 
correct the reference to paragraph (i).

Request To Consider Additional Information in AD Development

    Virgin America stated that it was aware of an Airbus/operator forum 
discussion regarding in-service failures of the GFI unit. Virgin 
American requested that we consider these failure events and associated 
consequences in the rulemaking process.
    We are aware of these events. GFIs are expected to isolate the 
ignition source downstream of the GFI in the center fuel tank. We 
encourage operators to work with the OEMs for identifying the root 
cause of premature failure of GFIs so that OEMs can take appropriate 
steps to alleviate concerns. These events are not considered unsafe 
conditions that warrant changing the final rule regarding this issue.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 64765, October 23, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 64765, October 23, 2012).

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
about 755 products of U.S. registry. We also estimate that it takes 11 
work-hours per product to comply with the basic requirements of this 
AD. The average labor rate is $85 per work-hour. Required parts cost 
about $3,360 per product, depending on configuration. 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 AD on U.S. operators to be $3,242,725, or 
$4,295 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.

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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 contains the NPRM (77 FR 64765, October 23, 
2012), 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:

2013-07-02 Airbus: Amendment 39-17406. Docket No. FAA-2012-1105; 
Directorate Identifier 2012-NM-137-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 15, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    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; and Model A320-111, -211, -212, -214, -231, -232, and 
-233 airplanes; certificated in any category; all manufacturer 
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by fuel system reviews conducted by the 
manufacturer, which revealed that certain fuel pumps under certain 
conditions can create an ignition source in the fuel tank. 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 fuel tank explosions 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) Modification

    Except as provided by paragraph (h) of this AD: Within 48 months 
after the effective date of this AD, modify the center tank fuel 
pump control circuit by installing ground fault interrupters (GFIs), 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-28-1188, dated March 23, 2012.

(h) Airplanes Excluded From Modification Requirement

    For airplanes on which Airbus Modification 150736 has been 
embodied in production, and on which no GFI has been permanently 
removed since first flight, the modification specified in paragraph 
(g) of this AD is not required.

(i) Corrective Action for Failed Post-Modification Operational Test

    After accomplishment of the modification specified in paragraph 
(g) or (h) of this AD, each time a GFI fails an operational test, 
before further flight, replace the GFI or deactivate (make 
inoperative) the associated fuel pump, in accordance with a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA.

    Note 1 to paragraph (i) of this AD:  Guidance on the operational 
test specified in paragraph (i) of this AD can be found in Task 
28.18.00/10, Operational Check of Centre Tank Fuel Pump GFI, of the 
Airbus A318/A319/A320/A321 Maintenance Review Board Report or Task 
281800-710-801, Operational Check of Centre Tank Fuel Pump GFI, of 
the Airbus A318/A319/A320 Aircraft Maintenance Manual.


    Note 2 to paragraph (i) of this AD:  Guidance on the fuel pump 
deactivation specified in paragraph (i) of this AD can be found in 
Item 28-21-02, Center Tank Systems, of the FAA Master Minimum 
Equipment List for Airbus A318/A319/A320/A321.

(j) Other FAA AD Provisions

    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, 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.

(k) Related Information

    Refer to MCAI EASA Airworthiness Directive 2012-0198, dated 
September 26, 2012; and Airbus Service Bulletin A320-28-1188, dated 
March 23, 2012; for related information.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Service Bulletin A320-28-1188, dated March 23, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 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.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,

[[Page 21233]]

WA. For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08068 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P