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[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Proposed Rules]
[Pages 44144-44147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17930]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-245-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) 2012-09-
07, for certain Airbus Model A319-111, -112, and -132 airplanes; Model 
A320-111, -211, -212, -214 and -232 airplanes; and Model A321-111, -
211, -212, and -231 airplanes. AD 2012-09-07 currently requires 
performing an electrical bonding test between the gravity fill re-fuel 
adaptor and the top skin panels on the left-hand and right-hand wings, 
and if necessary performing a general visual inspection for corrosion 
of the component interface and adjacent area, and repairing the gravity 
fuel adaptor if any corrosion is found. Since we issued AD 2012-09-07, 
we have determined that more airplanes are subject to the identified 
unsafe condition due to the installation of an incorrect repair 
intended to address the identified unsafe condition. This proposed AD 
would add airplanes to the applicability in AD 2012-09-07, and would 
require inspecting those airplanes to determine if a repair was done, 
and doing the electrical bonding test and corrective action if 
necessary. We are proposing this AD to detect and correct corrosion and 
improper bonding, which, in combination with a lightning strike in this 
area, could create a source of ignition in a fuel tank, resulting in a 
fire or explosion, and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by September 15, 
2014.

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 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 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.

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-2014-
0484; or in person at the Docket Management Facility 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-2014-0484; 
Directorate Identifier 2013-NM-245-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.

[[Page 44145]]

Discussion

    On April 30, 2012, we issued AD 2012-09-07, Amendment 39-17042 (77 
FR 28238, May 14, 2012). AD 2012-09-07 requires actions intended to 
address an unsafe condition on certain Airbus Model A319-111, -112, and 
-132 airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; 
and Model A321-111, -211, -212, and -231 airplanes.
    Since we issued AD 2012-09-07, Amendment 39-17042 (77 FR 28238, May 
14, 2012), the European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2013-0277R1, dated December 4, 2013 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
Airbus Model A318-111, -112, -121, and -122 airplanes; A319-111, -112, 
-113, -114, -115, -131, -132, and -133 airplanes; A320-111, -211, -212, 
-214, -231, -232, and -233 airplanes; and A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. The MCAI states:

    Cases of corrosion findings were reported on the overwing 
refueling aperture (used to fill the fuel tank by gravity) on the 
wing top skin. The reported corrosion was on the mating surface of 
the aperture flange, underneath the refuel adaptor. Corrosion 
findings have been repaired on a case by case basis in accordance 
with approved data.
    For certain aeroplanes, the repair provided by Airbus contained 
instructions to apply primer coating on the mating surface. Since 
doing those repairs, it has been found that this primer coating may 
prevent proper electrical bonding provision between the overwing 
refueling cap adaptor and the wing skin.
    This condition, if not detected and corrected, could, in 
combination with a lightning strike in this area, create a source of 
ignition in a fuel tank, possibly resulting in a fire or explosion 
and consequent loss of the aeroplane. To address this potential 
unsafe condition, EASA issued AD 2011-0034 [http://ad.easa.europa.eu/blob/easa_ad_2011_0034.pdf/AD_2011-0034] to 
require a one-time electrical bonding check between the gravity fill 
re-fuel adaptor and the top skin panels on the affected aeroplanes 
[identified by MSN in the applicability section of that EASA AD] 
and, in case of findings, the accomplishment of applicable 
corrective actions.
    Since that [EASA] AD was issued, EASA has been made aware that 
some operators may inadvertently have applied an Airbus repair, 
approved for only one aeroplane MSN, to other aeroplanes, without 
requesting a revision of the repair to add aeroplanes, or to notify 
Airbus of such action(s). Consequently, the condition addressed by 
EASA AD 2011-0034 could affect more aeroplanes than initially 
determined.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2011-0034, which is superseded, and expands 
the Applicability to all A320 family aeroplane Models, all MSN.
    This [EASA] AD has been revised to amend and clarify paragraph 
(3) and to correct an error in the Type/Model designations on page 
1, where the A318 was inadvertently omitted.

For the newly added airplanes, required actions include inspecting for 
the presence of a corrosion repair on an overwing refueling aperture, 
and doing the electrical bonding test and applicable corrective actions 
if a repair has been installed. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2014-0484.

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.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the

[[Page 44146]]

DOA-authorized signature approval are not EASA-approved, unless EASA 
directly approves the manufacturer's message or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 851 airplanes of U.S. 
registry.
    The actions that are required by AD 2012-09-07, Amendment 39-17042 
(77 FR 28238, May 14, 2012), and retained in this proposed AD take 
about 2 work-hours per product, at an average labor rate of $85 per 
work-hour. Based on these figures, the estimated cost of the actions 
that are required by AD 2012-09-07 is $170 per product.
    We also estimate that it would take about 2 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $72,335, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 11 work-hours, for a cost of $935 per product. We have no 
way of determining the number of aircraft that might need these 
actions.

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.

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. Amend Sec.  39.13 by removing Airworthiness Directive (AD) 2012-09-
07, Amendment 39-17042 (77 FR 28238, May 14, 2012), and adding the 
following new AD:

Airbus: Docket No. FAA-2014-0484; Directorate Identifier 2013-NM-
245-AD.

(a) Comments Due Date

    We must receive comments by September 15, 2014.

(b) Affected ADs

    This AD replaces AD 2012-09-07, Amendment 39-17042 (77 FR 28238, 
May 14, 2012).

(c) Applicability

    (1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; A320-111, -211, -212, -214, -231, -232, and -233 
airplanes; and A321-111, -112, -131, -211, -212, -213, -231, and -
232 airplanes; certificated in any category; all manufacturer serial 
numbers, except airplanes identified in paragraph (c)(2) of this AD.
    (2) Airplanes that have been delivered from production with 
Airbus Modification 38209 (Removal of the Outer Wing Refueling 
Aperture) and without Airbus Modification 38206 (Re-introduction of 
the Outer Wing Refueling Aperture) are not affected by the 
requirements of this AD.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by more airplanes being affected due to 
inadvertently installing the repair necessary for addressing the 
identified unsafe condition. We are issuing this AD to detect and 
correct corrosion and improper bonding, which in combination with a 
lightning strike in this area, could create a source of ignition in 
a fuel tank, resulting in a fire or explosion, and consequent loss 
of the airplane.

(f) Compliance

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

(g) Retained Electrical Bonding Test, and General Visual Inspection if 
Necessary

    This paragraph restates the requirements of paragraph (g) of AD 
2012-09-07, Amendment 39-17042 (77 FR 28238, May 14, 2012), with 
revised repair approval language. For Model A319-111, -112, and -132 
airplanes; Model A320-111, -211, -212, -214 and -232 airplanes; and 
Model A321-111, -211, -212, and -231 airplanes; certificated in any 
category; having manufacturer serial numbers 0039, 0078, 0109, 0118, 
0120, 0153, 0174, 0187, 0203, 0215, 0218, 0226, 0227, 0228, 0236, 
0237, 0269, 0270, 0278, 0285, 0286, 0287, 0288, 0294, 0301, 0337, 
0377, 0462, 0463, 0464, 0465, 0520, 0523, 0528, 0876, 0888, 0921, 
0935, 0974, 1014, 1102, 1130, 1160, 1162, 1177, 1215, 1250, 1287, 
1336, 1388, 1404, 1444, 1449, 1476, 1505, 1524, 1564, 1605, 1616, 
1622, 1640, 1645, 1658, 1677, 1691, 1729, and 1905: Within 24 months 
after June 18, 2012 (the effective date of AD 2012-09-07), do an 
electrical bonding test to check for bonding between the re-fuel 
adaptor of the gravity fill and the top skin panels on the left-hand 
and right-hand wings, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-57-1152, dated June 14, 
2010.
    (1) If the resistance value is 10 milliOhms or less at the left-
hand and right-hand wing,

[[Page 44147]]

no further action is required by this paragraph.
    (2) If the resistance value is greater than 10 milliOhms at the 
left-hand or right-hand wing, before further flight, do a general 
visual inspection for corrosion of the component interface and 
adjacent area, in accordance with the Accomplishment Instructions of 
Airbus Service Bulletin A320-57-1152, dated June 14, 2010. If any 
corrosion is found during the inspection, before further flight, 
repair the gravity fill fuel adaptor, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A320-57-1152, 
dated June 14, 2010; except where Airbus Service Bulletin A320-57-
1152, dated June 14, 2010, specifies to contact Airbus, before 
further flight, repair 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.

(h) New Requirement of This AD: Maintenance Check/Electrical Bonding 
Test and Corrective Action if Necessary

    For airplanes other than those identified in paragraph (g) of 
this AD: Within 24 months after the effective date of this AD, 
determine whether a corrosion repair has been done on an overwing 
refueling aperture, whereby a primer coating has been applied on the 
mating surface of the aperture flange. A maintenance records check 
is acceptable to make this determination, provided those records can 
conclusively determine whether a primer coat was applied.
    (1) If it is determined that a primer coating was applied on the 
mating surface of the aperture flange; or if a determination cannot 
be made, or the outcome is inconclusive: Within 24 months after the 
effective date of this AD do the electrical bonding test specified 
in paragraph (g) of this AD, and before further flight, all 
applicable actions specified in paragraph (g)(2) of this AD.
    (2) If it is determined that a corrosion repair has not been 
done, and a primer coating has not been applied on the mating 
surface of the aperture flange since first entry into service, no 
further action is required by this paragraph.

(i) Corrosion Repair Provision

    As of the effective date of this AD, any corrosion repair done 
on an overwing refueling aperture on any airplane must be compliant 
with the repair requirements of paragraph (g)(2) of this AD.

(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, 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: 9-ANM-116-AMOC-REQUESTS@faa.gov.
    (i) 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.
    (ii) AMOCs approved previously for AD 2012-09-07, Amendment 39-
17042 (77 FR 28238, May 14, 2012), are approved as AMOCs for the 
corresponding provisions of this AD.
    (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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0277R1, dated December 4, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0484.
    (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 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.

    Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17930 Filed 7-29-14; 8:45 am]
BILLING CODE 4910-13-P
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