[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 90971-90974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30036]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9515; Directorate Identifier 2016-NM-181-AD; 
Amendment 39-18749; AD 2016-25-23]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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[[Page 90972]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A319-115 and -132 airplanes, and Model A320-214, -232, and 
-233 airplanes. This AD requires revising the airplane flight manual 
(AFM) to include information that introduces a fuel limitation for 
certain types of fuel and a fuel gravity feed ceiling procedure for 
airplanes equipped with jet pumps. This AD was prompted by a report 
indicating that certain modified airplanes do not have electrical 
ground wires on the fuel level sensing control unit (FLSCU), which 
adversely affects gravity feeding operation. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective January 3, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 3, 
2017.
    We must receive comments on this AD by January 30, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 final rule, 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. You may view this referenced service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9515.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9515; 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 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, WA 98057-3356; telephone: 425-227-1405; 
fax: 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0205, dated October 13, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Airbus Model A319-115 and -132 
airplanes, and Model A320-214, -232, and -233 airplanes. The MCAI 
states:

    Airbus introduced mod 154327 on A319 and A320 aeroplanes which 
substituted the pump fuel feed system from the centre fuel tank with 
a jet pump transfer system, based on the Airbus A321 design.
    Following the modification introduction, it was discovered that 
the modified aeroplanes do not have electrical ground signals that 
replicate those from the deleted centre tank pump pressure switches. 
These signals are used as part of the fuel recirculation inhibition 
request logic.
    Subsequent investigation determined that ground wires had not 
been installed on the Fuel Level Sensing Control Units (FLSCU) of 
the modified A319 and A320 aeroplanes, due to a drawing error on the 
fuel system recirculation Principle Diagram. Without these ground 
wires providing inputs, the FLSCU logic is not correctly implemented 
for gravity feeding operation.
    This condition, if not corrected, could lead to reduced fuel 
pressure at the engine inlet, possibly resulting in an uncommanded 
in-flight shut-down when flying at the gravity feed ceiling levels, 
as defined in the Aircraft Flight Manual (AFM).
    To address this potential unsafe condition, Airbus issued AFM 
Temporary Revision (TR) 695 Issue 1 and AFM TR699 Issue 1 to 
prohibit the use of Jet B and JP4 fuel and AFM TR700 Issue 1 to 
provide instructions for amendment of the gravity feed procedure for 
the other fuels.
    For the reasons described above, this [EASA] AD requires 
amendment of the applicable AFM to include the new gravity feed 
procedure and reduce the list of authorised fuels.
    This [EASA] AD is considered to be an interim measure and 
further [EASA] AD action may follow.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9515.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus A318/A319/A320/A321 Temporary Revision TR695, Issue 
1.0, dated August 1, 2016; and Airbus A318/A319/A320/A321 Temporary 
Revision TR699, Issue 1.0, dated August 1, 2016. This service 
information describes revising the Limitations section of the AFM to 
include a fuel limitation that removes JET B and JP4 fuels from the 
list of usable fuels for airplanes equipped with jet pumps. These 
documents are distinct since they apply to different airplane 
configurations.
     Airbus A318/A319/A320/A321 Temporary Revision TR700, Issue 
1.0, dated August 1, 2016. This service information describes revising 
the Abnormal Procedures section of the AFM to include information to 
modify the fuel gravity feed ceiling procedure for airplanes equipped 
with jet pumps.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking at that time.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice

[[Page 90973]]

and comment prior to adoption of this rule because the current AFM 
procedure may lead to reduced fuel pressure at the engine inlet, 
possibly resulting in an uncommanded in-flight shutdown when flying at 
the fuel gravity feed ceiling levels. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2016-9515; Directorate 
Identifier 2016-NM-181-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 58 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $4,930, or $85 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 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.

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 airworthiness 
directive (AD):

2016-25-23 Airbus: Amendment 39-18749; Docket No. FAA-2016-9515; 
Directorate Identifier 2016-NM-181-AD.

(a) Effective Date

    This AD becomes effective January 3, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A319-115 and -132 airplanes, and 
Model A320-214, -232, and -233 airplanes, certificated in any 
category, all manufacturer serial numbers on which Airbus 
modification 154327 has been embodied in production.

(d) Subject

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

(e) Reason

    This AD was prompted by a report indicating that, for airplanes 
on which Airbus modification 154327 (which substitutes the pump fuel 
feed system from the center fuel tank with a jet pump transfer 
system) was done, the modified airplanes do not have electrical 
ground wires on the fuel level sensing control unit (FLSCU), which 
adversely affects gravity feeding operation. We are issuing this AD 
to prevent reduced fuel pressure at the engine inlet, potentially 
resulting in an uncommanded in-flight shutdown when flying at the 
fuel gravity feed ceiling levels.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Revision of the Airplane Flight Manual (AFM)

    (1) Within 30 days after the effective date of this AD, revise 
the Limitations section of the AFM by inserting a copy of Airbus 
A318/A319/A320/A321 Temporary Revision TR695, Issue 1.0, dated 
August 1, 2016; or Airbus A318/A319/A320/A321 Temporary Revision 
TR699, Issue 1.0, dated August 1, 2016; as applicable; and revise 
the Abnormal Procedures section of the AFM by inserting a copy of 
Airbus A318/A319/A320/A321 Temporary Revision TR700, Issue 1.0, 
dated August 1, 2016. These temporary revisions introduce a fuel 
limitation for certain types of fuel and a fuel gravity feed ceiling 
procedure for airplanes equipped with jet pumps. Thereafter, operate 
the airplane according to the limitation and procedure in the 
applicable temporary revision.
    (2) When the information in Airbus A318/A319/A320/A321 Temporary 
Revision TR695, Issue 1.0, dated August 1, 2016; or Airbus A318/
A319/A320/A321 Temporary Revision TR699, Issue 1.0, dated August 1, 
2016; as applicable; and Airbus A318/A319/A320/A321 Temporary 
Revision TR700, Issue 1.0, dated August 1, 2016; has been included 
in the general revisions of the AFM, the general revisions may be 
inserted in the AFM, and the temporary revisions may be removed.

(h) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(i) 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

[[Page 90974]]

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, WA 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

 (j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
EASA AD 2016-0205, dated October 13, 2016, for related information. 
You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-9515.

(k) 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 this AD specifies otherwise.
    (i) Airbus A318/A319/A320/A321 Temporary Revision TR695, Issue 
1.0, dated August 1, 2016.
    (ii) Airbus A318/A319/A320/A321 Temporary Revision TR699, Issue 
1.0, dated August 1, 2016.
    (iii) Airbus A318/A319/A320/A321 Temporary Revision TR700, Issue 
1.0, dated August 1, 2016.
    (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 view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, 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 December 2, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-30036 Filed 12-15-16; 8:45 am]
BILLING CODE 4910-13-P