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[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29207-29210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11490]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules 
and Regulations

[[Page 29207]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1321; Directorate Identifier 2011-NM-045-AD; 
Amendment 39-17047; AD 2012-09-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for certain Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, and -131 airplanes; equipped 
with an additional center tank (ACT). That AD currently requires 
identifying the part number of the ACT and, for certain ACTs, replacing 
the outer ACT manhole cover and seal. This new AD requires modifying 
certain ACTs by replacing the manhole seal with a new seal; adding 
certain ACT equipped airplanes to the applicability; and removing Model 
A320-111 airplanes from the applicability. This AD was prompted by 
reports that the modification required by the current AD was not fully 
effective. We are issuing this AD to prevent fuel and/or vapor leakage, 
which could result in a combustible fuel vapor/air mixture in the cargo 
compartment, and consequent fire risk.

DATES: This AD becomes effective June 21, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 21, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 19, 2005 (70 FR 69067, November 14, 2005).

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 December 15, 2011 
(76 FR 77934), and proposed to supersede AD 2005-23-02, Amendment 39-
14360 (70 FR 69067, November 14, 2005). That NPRM proposed 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.
    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 States and Airbus intends to remove 
this model from the EASA Type Certificate Data Sheet (TCDS). 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.

Support for NPRM (76 FR 77934, December 15, 2011)

    Thomas Hayden Barnes stated he supports efforts to ensure airline 
safety and the NPRM (76 FR 77934, December 15, 2011) appears 
reasonable.
    US Airways stated it supports the intent of the NPRM (76 FR 77934, 
December 15, 2011).

Request to Revise Cost Estimate

    US Airways stated that accomplishment of the modification specified 
in Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated 
December 18, 2009, will take 14.5 man-hours per fuel tank. We infer 
that the commenter wants the preamble section of the final rule changed 
to reflect 14.5 work-hours per fuel tank.
    We agree. The total work-hours for accessing, modifying a fuel 
tank, and closing are estimated at 14.5 work-hours per fuel tank. We 
have changed the cost section in the final rule to reflect an estimate 
of 15 work-hours per fuel tank to comply with the new basic 
requirements of this AD. We have also revised the estimated cost of the 
AD on U.S. operators to be $919,275 (based on one fuel tank per 
airplane), or $1,275 per fuel tank.

Request To Revise the Parts Cost Statement

    US Airways requested we revise the parts cost statement of the NPRM 
(76 FR 77934, December 15, 2011) to include the parts cost for the 
actions required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, 
November 14, 2005) and that are retained in the NPRM. The commenter 
stated that the parts costs are not covered under warranty.
    We partially agree. Airbus Service Bulletin A320-28-1105, Revision 
02, dated March 11, 2005, states that Airbus will provide the material 
at no charge

[[Page 29208]]

for orders placed before December 31, 2003. Therefore, we agree that 
some operators may have had to pay for parts. We do not agree to add 
parts costs to this final rule, but we have added a statement to the 
cost section for actions that are required by AD 2005-23-02, Amendment 
39-14360 (70 FR 69067, November 14, 2005) and retained in this AD. 
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.

Request To Allow Seal Replacement Without ACT Removal

    US Airways requested the NPRM (76 FR 77934, December 15, 2011) be 
changed to allow installation of the seals without removing the ACTs 
from the airplane as specified in AD 2005-23-02, Amendment 39-14360 (70 
FR 69067, November 14, 2005). The commenter stated that in order to 
replace the seal on ACT number 2, only the integrated impact wall needs 
to be removed; and for seal replacement on ACT number 1, the ACT number 
2 has to be rolled rearward approximately two feet to provide access to 
ACT number 1, which can then have its seal replaced without ACT 
removal. The commenter provided references to its internal 
documentation to support its request.
    We disagree. US Airways request does not substantiate the detailed 
procedures needed for deviation from the Airbus recommended actions 
specified in Airbus Mandatory Service Bulletin A320-28-1162, Revision 
02, dated December 18, 2009, for installation of seals on the ACT 
number 1 and ACT number 2. In addition, Airbus foresees a potential 
safety hazard for mechanics if seals are installed without removing the 
ACTs due to inadequate ventilation and high concentration of fuel 
vapor.
    Under the provisions of paragraph (l) of this AD, we will consider 
requests for approval of alternate method of compliance (AMOC) if 
sufficient data are submitted to substantiate that deviation from the 
specified procedures in Airbus Mandatory Service Bulletin A320-28-1162, 
Revision 02, dated December 18, 2009, would provide an acceptable level 
of safety. We have not changed the AD in this regard.

Explanation of Additional Changes Made to the AD

    We have revised the heading for paragraph (k) of this AD and the 
wording in paragraphs (h) and (k) of this AD; these changes have not 
changed the intent of those paragraphs.

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 and/or changes 
to the cost section that add the accessing and closing costs. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 77934, December 15, 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 77934, December 15, 2011).

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
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 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. 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, the estimated 
cost of the currently required actions is $85 per product.
    We estimate that it would take about 15 work-hours per fuel tank to 
comply with the new basic requirements of this 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 AD 
on U.S. operators to be $919,275, or $1,275 per fuel tank.

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 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 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 (76 FR 77934, December 15, 
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:

[[Page 29209]]

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 removing airworthiness directive (AD) 
2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005), and 
adding the following new AD:

2012-09-12 Airbus: Amendment 39-17047. Docket No. FAA-2011-1321; 
Directorate Identifier 2011-NM-045-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 21, 
2012.

(b) Affected ADs

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

(c) Applicability

    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.

                              Table 1--Affected ACT Part Numbers for Applicability
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
       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
----------------------------------------------------------------------------------------------------------------

(d) Subject

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

(e) Reason

    This AD was prompted by reports that the modification required 
by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 
2005), was not fully effective. We are issuing this AD to prevent 
fuel and/or vapor leakage, which could result in a combustible fuel 
vapor/air mixture in the cargo compartment, and consequent fire 
risk.

(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 Determination of Part Number With New Sealing Procedures

    This paragraph restates the requirements of paragraph (f) of AD 
2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005), 
with new sealing procedures. 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 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]
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
       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
----------------------------------------------------------------------------------------------------------------

(h) Retained Manhole Cover/Seal Replacement

    This paragraph restates the requirements of paragraph (g) of AD 
2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005). 
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)): 
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. 
This paragraph provides credit for the replacements required by this 
paragraph if the replacements were performed before December 19, 
2005, using 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.

(i) ACT Modification

    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

[[Page 29210]]

cover sealing replacement required in paragraph (h) of this AD.

(j) Parts Installation

    As of the effective date of this AD, no person may install an 
ACT, having a 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.

(k) Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraph (i) of this AD, if the modification was performed before 
the effective date of this AD using Airbus Mandatory Service 
Bulletin A320-28-1162, dated February 6, 2008; or Revision 01, dated 
July 16, 2008.

(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, 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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

    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.

(n) 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 on the date specified.
    (2) The following service information was approved for IBR as of 
the effective date of this AD:
    (i) Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, 
dated December 18, 2009.
    (3) The following service information was approved for IBR on 
December 19, 2005 (70 FR 69067, November 14, 2005):
    (i) Airbus Service Bulletin A320-28-1105, Revision 02, dated 
March 11, 2005.
    (4) For Airbus 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: account.airworth-eas@airbus.com; 
Internet http://www.airbus.com.
    (5) 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.
    (6) 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 May 1, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-11490 Filed 5-16-12; 8:45 am]
BILLING CODE 4910-13-P
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