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[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Proposed Rules]
[Pages 51117-51121]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20251]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0698; Directorate Identifier 2012-NM-136-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2006-06-
14, that applies to certain Airbus Model

[[Page 51118]]

A318-100 and A319-100 series airplanes, A320-111 airplanes, A320-200 
series airplanes, and A321-100 and A321-200 series airplanes. AD 2006-
06-14 requires operators to review the airplane's maintenance records 
to determine the part numbers of the magnetic fuel level indicators 
(MFLIs) of the wing fuel tanks, and related investigative and 
corrective actions if necessary. Since we issued AD 2006-06-14, we 
received information that the related investigative actions of the 
existing AD are not fully effective and that an affected MFLI could 
still be installed on airplanes on which the related investigative 
actions were accomplished. This proposed AD would also require an 
inspection (improved method) to determine the part numbers of the 
MFLIs, and, if necessary, replacement of the MFLI or repair. We are 
proposing this AD to prevent an ignition source in the wing fuel tank 
in the event of a lightning strike, which could result in a fire or 
explosion.

DATES: We must receive comments on this proposed AD by October 4, 2013.

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 account.airworth-eas@airbus.com; 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, WA. 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, WA 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-2013-0698; 
Directorate Identifier 2012-NM-136-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 March 10, 2006, we issued AD 2006-06-14, Amendment 39-14523 (71 
FR 15023, March 27, 2006), (``AD 2006-06-14''). That AD required 
actions intended to address an unsafe condition on Airbus Model A318-
111 and -112 airplanes; Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes; A320-111 airplanes; Model A320-211, -212, -
214, -231, -232, and -233 airplanes; Model A321-111, -112, and -131 
airplanes; and Model A321-211, -212, -213, -231, and -232 airplanes.
    Since we issued AD 2006-06-14, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2012-0119, 
dated July 4, 2012 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    In 2005, several in-service occurrences were reported of finding 
wear and/or detachment of the top stop of magnetic fuel level 
indicators (MFLI), either observed during tank maintenance 
activities, or on MFLI returned to the MFLI manufacturer. The 
investigation results indicated that the wear of the top stop 
retaining `S' shaped wire had been caused by repetitive impact with 
the float, resulting in complete detachment of the top stop.
    This condition, if not detected and corrected, could lead an 
MFLI top stop to come into contact with a probe, which could, in the 
event of a lightning strike, create an ignition source in the fuel 
tank vapour space, possibly resulting in a fuel tank explosion and 
consequent loss of the aeroplane.
    DGAC France issued AD F-2005-108 (EASA approval 2005-6026) 
[http://ad.easa.europa.eu/ad/F-2005-108] [corresponding FAA AD 2006-
06-14] to require identification (by inspection) and replacement of 
the affected metallic MFLI (3508802-xx series with the `S' shaped 
retaining wire) with a metallic MFLI with the top stop retained by a 
`trapped wire', or with a composite MFLI.
    Since that [French] AD was issued, it has been identified that 
the inspection procedure (visual check) detailed in Airbus Service 
Bulletin (SB) A320-28-1138 was not fully effective, and that 
affected MFLI could still be fitted on aeroplanes which have passed 
the inspection in accordance with the instructions of this SB.
    For the reasons described above, this [EASA] AD, which 
supersedes DGAC France AD F-2005-108, requires a one-time inspection 
(improved method) to identify the type of MFLI installed and, 
depending on findings, replacement or repair, as applicable. This 
[EASA] AD also prohibits the installation of the affected MFLI on 
any aeroplane as replacement parts.

The repair may also include locating and removing any missing top stop, 
and inspecting for any damage caused to the fuel tank by a missing top 
stop. You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1209, dated December 12, 
2011. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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

[[Page 51119]]

condition exists and is likely to exist or develop on other products of 
the same type design.

Differences Between This AD and the MCAI or Service Information

    Where the MCAI states in the compliance time ``whichever occurs 
later,'' this proposed AD would require ``whichever occurs earlier.'' 
We have determined that this compliance time would address the unsafe 
condition in a more timely manner. We considered the manufacturer's 
recommendation, and the overall risk to the fleet, including the 
severity of the failure and the likelihood of the failure's occurrence. 
Therefore, we find that a compliance time of 49,000 flight hours after 
May 1, 2006, or at the next scheduled fuel tank entry after the 
effective date of this AD, whichever occurs first, to complete the 
required actions to be warranted.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 755 products of U.S. registry.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Action                    Labor cost           Parts cost        Cost per product                    Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parts numbers review [retained    Between 1 and 8      None...............  Between $85 and      Between $64,175 and $513,400
 actions from AD 2006-06-14,       work-hours x $85                          $680.
 Amendment 39-14523 (71 FR         per hour = Between
 15023, March 27, 2006)].          $85 and $680.
Inspection for part numbers [new  21 work-hours x $85  $0.................  $1,785.............  $1,347,675
 proposed action].                 per hour = $1,785.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement or 
repair that would be required based on the results of the proposed 
inspection. We have no way of determining the number of aircraft that 
might need the replacement or repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace or repair............................  4 work-hours x $85 per hour =                $0             $340
                                                $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 proposed 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

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) 
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006), and 
adding the following new AD:

Airbus: Docket No. FAA-2013-0698; Directorate Identifier 2012-NM-
136-AD.

(a) Comments Due Date

    We must receive comments by October 4, 2013.

[[Page 51120]]

(b) Affected ADs

    This AD supersedes AD 2006-06-14, Amendment 39-14523 (71 FR 
15023, March 27, 2006).

(c) Applicability

    This AD applies to Airbus Model A318-111, A318-112, A318-121, 
A318-122, A319-111, A319-112, A319-113, A319-114, A319-115, A319-
131, A319-132, A319-133, A320-111, A320-211, A320-212, A320-214, 
A320-215, A320-216, A320-231, A320-232, A320-233, A321-111, A321-
112, A321-131, A321-211, A321-212, A321-213, A321-231, and A321-232 
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 a report of several in-service incidents 
of wear and detachment of the top-stops from magnetic fuel level 
indicators (MFLI) in a wing fuel tank. We are issuing this AD to 
prevent an ignition source in the wing fuel tank in the event of a 
lighting strike, which could result in a fire or explosion.

(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 Review of Airplane Maintenance Records/Investigative and 
Corrective Actions

    This paragraph restates the requirements of paragraph (f) of AD 
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006). For 
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; A320-111 airplanes; Model 
A320-211, -212, -214, -231, -232, and -233 airplanes; Model A321-
111, -112, and -131 airplanes; and Model A321-211, -212, -213, -231, 
and -232 airplanes; on which Airbus Modification 27496 has not been 
installed in production: Within 65 months or 6,500 flight hours 
after May 1, 2006 (the effective date of AD 2006-06-14), whichever 
is first, review the airplane's maintenance records to determine the 
part number (P/N) of each MFLI of the wing fuel tanks in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A320-28-1138, dated March 18, 2005. If the P/N cannot be identified, 
or the P/N is identified in the ``old P/N'' column of the table in 
paragraph 1.L., ``Interchangeability/Mixability,'' of Airbus Service 
Bulletin A320-28-1138, dated March 18, 2005, before further flight, 
do the applicable related investigative and corrective actions by 
accomplishing all of the actions in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-28-1138, 
dated March 18, 2005.

(h) Retained Parts Installation Prohibition

    This paragraph restates the requirements paragraph (g) of AD 
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006). For 
Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, 
-115, -131, -132, and -133 airplanes; A320-111 airplanes; Model 
A320-211, -212, -214, -231, -232, and -233 airplanes; Model A321-
111, -112, and -131 airplanes; and Model A321-211, -212, -213, -231, 
and -232 airplanes; on which Airbus Modification 27496 has not been 
installed in production: As of May 1, 2006 (the effective date of AD 
2006-06-14), no person may install on any airplane any MFLI of the 
wing fuel tanks with a P/N identified in the ``old P/N'' column of 
the table in paragraph 1.L., ``Interchangeability/Mixability,'' of 
Airbus Service Bulletin A320-28-1138, dated March 18, 2005.

(i) New Requirement of This AD: Inspection

    For all airplanes, except as provided by paragraph (k) of this 
AD: At the next scheduled fuel tank entry after the effective date 
of this AD, or within 49,000 flight hours after May 1, 2006 (the 
effective date of AD 2006-06-14, Amendment 39-14523 (71 FR 15023, 
March 27, 2006), whichever occurs first, perform a special detailed 
inspection of the wing tank to determine which type of magnetic fuel 
level indicators (MFLI) are installed, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-28-1209, 
dated December 12, 2011. A review of airplane maintenance records is 
acceptable in lieu of this inspection, if the part number and the 
type of the installed MFLI can be conclusively determined from that 
review. Paragraphs (i)(1) through (i)(11) of this AD identify the 
affected MLFI part numbers.

(1) 3508802-24
(2) 3508802-25
(3) 3508802-26
(4) 3508802-27
(5) 3508802-28
(6) 3508802-34
(7) 3508802-39
(8) 3508802-74
(9) 3508802-75
(10) 3508802-76
(11) 3508802-91

    Note 1 to paragraph (i) of this AD: The affected MFLI have the 
`S'-shaped lock-wire design.

(j) New Requirement of This AD: Replacement or Repair

    If, during the inspection required by paragraph (i) of this AD, 
a MFLI with the `S' shaped lock-wire design (Part Number (P/N) 
listed in paragraphs (i)(1) through (i)(11) of this AD) is found, 
then at the next scheduled fuel tank entry after the effective date 
of this AD, or within 49,000 flight hours after May 1, 2006 (the 
effective date of AD 2006-06-14, Amendment 39-14523 (71 FR 15023, 
March 27, 2006), whichever occurs first, replace the affected MFLI 
with a serviceable part and accomplish the corrective actions 
(repair), as applicable, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-28-1209, dated December 
12, 2011. For the purpose of this AD, a serviceable part is a 
composite MFLI, or a metallic MFLI with the top stop retained by a 
`trapped wire,' as applicable to the location identified in Table 1 
of paragraph (j) of this AD.

  Table 1 of Paragraph (j) of this AD--Metallic MFLI With the Top Stop
    Retained by a `Trapped Wire,' Including Applicable Location (FIN)
------------------------------------------------------------------------
              MFLI P/N                     Applicable location (FIN)
------------------------------------------------------------------------
3508802-35..........................  56/57QM
3508802-36..........................  58/59QM
3508802-37..........................  60/61QM
3508802-38..........................  62/63QM
------------------------------------------------------------------------

(k) New Requirement of This AD: Exception for Paragraph (i) of This AD

    Airplanes on which Airbus modification (mod) 27496 has been 
embodied in production, and on which no wing tank MFLI replacement 
with a part number listed in paragraph (i)(1) through (i)(11) of 
this AD has been made since first flight, are not affected by the 
requirement of paragraph (i) of this AD.

(l) New Requirement of This AD: Parts Installation Prohibition

    As of the effective date of this AD, do not install on any 
airplane a MFLI with a part number listed in paragraph (i)(1) 
through (i)(11) of this AD.

(m) 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, WA 98057-
3356; telephone (425) 227-1405; fax (425) 227-1149. Information may 
be emailed to: M-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 its delegated agent, or by the Design Approval Holder with a 
State of Design Authority's design organization approval). For a 
repair method to be approved, the repair approval must specifically 
refer to this AD. You are required to assure the product is 
airworthy before it is returned to service.

(n) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the

[[Page 51121]]

Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not 
allowed.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0119, dated July 4, 2012, for related information, 
which can be found in the AD docket on the Internet at http://www.regulations.gov. 
    (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 account.airworth-eas@airbus.com; 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, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 9, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20251 Filed 8-19-13; 8:45 am]
BILLING CODE 4910-13-P
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