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[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Proposed Rules]
[Pages 32060-32064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13191]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0493; Directorate Identifier 2011-NM-180-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 32061]]

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) for all Airbus Model A318-111 and -112 airplanes; and all Model 
A319, A320, and A321 series airplanes. The existing AD currently 
requires revising the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness to incorporate new limitations 
for fuel tank systems. Since we issued that AD, Airbus has issued more 
restrictive maintenance requirements and/or airworthiness limitations. 
This proposed AD would revise the maintenance program to incorporate 
revised fuel maintenance and inspection tasks, and add airplanes to the 
applicability. We are proposing this AD to prevent the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by July 16, 2012.

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, Washington. 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, Washington 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-2012-0493; 
Directorate Identifier 2011-NM-180-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 November 16, 2009, we issued AD 2007-15-06 R1, Amendment 39-
16097 (74 FR 62219, November 27, 2009). That AD required actions 
intended to address an unsafe condition on the products listed above.
    Since we issued AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, 
November 27, 2009), Airbus has issued A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated August 
26, 2010. The European Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2011-0155, dated August 25, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    The airworthiness limitations are currently published in the 
Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS).
    The Fuel Airworthiness Limitations (FAL) are specified in Airbus 
A318/A319/A320/A321 FAL Document reference 95A.1931/05, which is 
approved by the European Aviation Safety Agency (EASA) and 
referenced in the Airbus A318/A319/A320/A321 ALS Part 5.
    The issue 4 of Airbus A318/A319/A320/A321 FAL Document 
introduces more restrictive maintenance requirements and/or 
airworthiness limitations. Failure to comply with these more 
restrictive maintenance requirements and airworthiness limitations 
contained in this document constitutes an unsafe condition.
    This [EASA] AD retains the requirement of EASA AD 2006-0203, 
which is superseded, and requires the implementation of the new or 
more restrictive maintenance requirements and/or airworthiness 
limitations as specified in Airbus A318/A319/A320/A321 FAL Document 
issue 4.

We are proposing this AD to prevent the potential of ignition sources 
inside fuel tanks, which, in combination with flammable fuel vapors, 
could result in a fuel tank explosion and consequent loss of the 
airplane. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Airbus has issued A318/A319/A320/A321 Fuel Airworthiness 
Limitations, Document 95A.1931/05, Issue 4, dated August 26, 2010. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

Explanation of Changes Made to This NPRM

    We have changed Note 1 and Note 2 of the restated requirements of 
AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009), 
to lettered paragraphs (i) and (j), respectively, in this NPRM. These 
changes do not add any additional burden upon the public than was 
required in the existing AD.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would

[[Page 32062]]

affect about 745 products of U.S. registry.
    The actions that are required by AD 2007-15-06 R1, Amendment 39-
16097 (74 FR 62219, November 27, 2009), and retained in this proposed 
AD take about 2 work-hours per product, at an average labor rate of $85 
per work hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the currently required actions is $170 
per product.
    We estimate that it would take about 2 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $126,650, or $170 
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 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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 
2009), and adding the following new AD:

Airbus: Docket No. FAA-2012-0493; Directorate Identifier 2011-NM-
180-AD.

(a) Comments Due Date

    We must receive comments by July 16, 2012.

(b) Affected ADs

    This AD supersedes AD 2007-15-06 R1, Amendment 39-16097 (74 FR 
62219, November 27, 2009).

(c) Applicability

    (1) This AD applies to Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, 
and -233 airplanes; Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category; all serial 
numbers.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that 
have been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (l)(1) of this AD. The request should include 
a description of changes to the required actions that will ensure 
the continued operational safety of the airplane.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Reason

    This AD was prompted by Airbus issuing more restrictive 
maintenance requirements and/or airworthiness limitations. We are 
issuing this AD to prevent the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Retained Revision of the Airworthiness Limitations Section (ALS) To 
Incorporate Fuel Maintenance and Inspection Tasks

    This paragraph restates the requirements of paragraph (f) of AD 
2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009). 
For Model A318-111 and -112 airplanes, and Model A319, A320, and 
A321 airplanes: Within 3 months after August 28, 2007 (the effective 
date of AD 2007-15-06), revise the ALS of the Instructions for 
Continued Airworthiness to incorporate Airbus A318/A319/A320/A321 
ALS Part 5--Fuel Airworthiness Limitations, dated February 28, 2006, 
as defined in Airbus A318/A319/A320/A321 Fuel Airworthiness 
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005 
(approved by the European Aviation Safety Agency (EASA) on March 14, 
2006), Section 1, ``Maintenance/Inspection Tasks;'' or Airbus A318/
A319/A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05, 
Issue 2, dated July 8, 2008 (approved by the EASA on December 19, 
2008), Section 1, ''Maintenance/Inspection Tasks.'' For all tasks 
identified in Section 1 of Airbus A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated 
December 19, 2005; or Issue 2, dated July 8, 2008; the initial 
compliance times start from August 28, 2007, and the repetitive 
inspections must be accomplished thereafter at the intervals 
specified in Section 1, ''Maintenance/Inspection Tasks,'' of Airbus 
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 
95A.1931/05, Issue 1, dated December 19, 2005; or Issue 2, dated 
July 8, 2008.

    Note 1 to paragraph (g) of this AD:  Airbus Operator Information 
Telex (OIT) SE 999.0076/06, dated June 20, 2006, provides guidance 
on identifying the applicable sections of the Airbus A318/A319/A320/
A321 Airplane Maintenance Manual necessary for accomplishing the 
tasks specified in Section 1 ''Maintenance/Inspection Tasks,'' of 
Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 
95A.1931/05, Issue 1, dated December 19, 2005; or Issue 2, dated 
July 8, 2008.

(h) Retained Revision of the ALS To Incorporate CDCCLs

    This paragraph restates the requirements of paragraph (g) of AD 
2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 2009). 
For Airbus Model A318-111 and -112 airplanes, and Model

[[Page 32063]]

A319, A320, and A321 airplanes: Within 12 months after August 28, 
2007 (the effective date of AD 2007-15-06), revise the ALS of the 
Instructions for Continued Airworthiness to incorporate Airbus A318/
A319/A320/A321 ALS Part 5-Fuel Airworthiness Limitations, dated 
February 28, 2006, as defined in Airbus A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated 
December 19, 2005 (approved by the EASA on March 14, 2006), Section 
2, ``Critical Design Configuration Control Limitations;'' or Airbus 
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 
95A.1931/05, Issue 2, dated July 8, 2008 (approved by EASA on 
December 19, 2008), Section 2, ''Critical Design Configuration 
Control Limitations.''

(i) Retained No Alternative Inspections, Inspection Intervals, or 
CDCCLs

    (1) This paragraph restates the requirements of paragraph (h) of 
AD 2007-15-06 R1, Amendment 39-16097 (74 FR 62219, November 27, 
2009). Except as provided by paragraph (l) of this AD: After 
accomplishing the actions specified in paragraphs (g) and (h) of 
this AD, no alternative inspections, inspection intervals, or CDCCLs 
may be used.
    (2) Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraphs (g) and (h) of this AD, do not need to be 
reworked in accordance with the CDCCLs. However, once the ALS has 
been revised, future maintenance actions on these components must be 
done in accordance with the CDCCLs.

(j) Revise Maintenance Program

    Within 6 months after the effective date of this AD: Revise the 
maintenance program to incorporate the new or revised tasks, life 
limits, and CDCCLs specified in Airbus A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated 
August 26, 2010, except as required in paragraph (j)(4) of this AD. 
The initial compliance times and intervals are stated in these 
documents, except as required in paragraphs (j)(1) through (j)(4) of 
this AD, or within 6 months after the effective date of this AD, 
whichever occurs later. For certain tasks, the compliance times 
depend on the pre-modification and post-modification status of the 
airplane. Incorporating the requirements of this paragraph 
terminates the corresponding requirements of paragraphs (g) and (h) 
of this AD.
    (1) For airplanes whose first flight occurred before August 28, 
2007 (the effective date of AD 2007-15-06 R1, Amendment 39-16097 (74 
FR 62219, November 27, 2009)), the first accomplishment of tasks 
281800-01-1, Functional Check of Tank Vapour Seal and Vent Drain 
System; and 281800-02-1, Detailed Inspection of Vapour Seal; must be 
performed no later than 11 months after the effective date of this 
AD.
    (2) The first accomplishment of Tasks 470000-01-1, Operational 
Check of DFSOV, Dual Flapper Check Valves and NEA Line for Leaks; 
470000-02-1, Operational Check of both Dual Flapper Check Valves for 
Leaks; 470000-03-1, Operational Check of Dual Flapper Check Valves 
for Reverse Flow and NEA Line for Leaks; 470000-04-1, Operational 
Check of Dual Flapper Check Valves for Reverse Flow; and 470000-05-
1, Remove Air Separation Module (ASM) and Return to Vendor for 
Workshop Check; must be calculated, in accordance with paragraphs 
(j)(2)(i) or (j)(2)(ii) of this AD.
    (i) From the airplane first flight for airplanes on which Airbus 
modification 38062 or 38195 has been embodied in production, or
    (ii) From the in-service installation of the fuel tank inerting 
system specified in Airbus Service Bulletin A320-47-1001, Airbus 
Service Bulletin A320-47-1002, Airbus Service Bulletin A320-47-1003, 
Airbus Service Bulletin A320-47-1004, Airbus Service Bulletin A320-
47-1006, or Airbus Service Bulletin A320-47-1007.
    (3) Although Airbus A318/A319/A320/A321 Fuel Airworthiness 
Limitations, Document 95A.1931/05, Issue 4, dated August 26, 2010, 
does not refer to Airbus Service Bulletin A320-47-1006 and Airbus 
Service Bulletin A320-47-1007, the tasks apply as follows:
    (i) Tasks 470000-01-1, Operational Check of DFSOV, Dual Flapper 
Check Valves and NEA Line for Leaks; and 470000-02-1, Operational 
Check of both Dual Flapper Check Valves for leaks; apply to 
airplanes that have previously accomplished the actions specified in 
Airbus Service Bulletin A320-47-1007.
    (ii) Task 470000-03-1, Operational Check of Dual Flapper Check 
Valves for Reverse Flow and NEA Line for Leaks; applies to airplanes 
that have previously accomplished the actions specified in Airbus 
Service Bulletin A320-47-1006, and that have not accomplished the 
actions specified in Airbus Service Bulletin A320-47-1007.
    (iii) Task 470000-04-1, Operational Check of Dual Flapper Check 
Valves for Reverse Flow; applies to airplanes in post-modification 
38195 configuration and that have not accomplished the actions 
specified in Airbus Service Bulletin A320-47-1007.
    (iv) Task 470000-05-1, Remove ASM and return to Vendor for 
workshop check; applies to airplanes that have previously 
accomplished the actions specified in Airbus Service Bulletin A320-
47-1007, and are in pre-modification 151529 configuration.
    (4) Replace each ASM identified in table 1 of this AD in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the European Aviation Safety Agency (EASA) (or its delegated 
agent). The compliance time for the replacement is before the 
accumulation of 27,000 flight hours (component time)--i.e., the life 
limitation.

    Note 2 to paragraph (g)(4) of this AD:  Airbus A318/A319/A320/
A321 Maintenance Manual Task 47-10-43-920-001-A, Air Separation 
Module Replacement, is an additional source of guidance for 
accomplishment of the removal and replacement of the ASM.

                                            Table 1--ASM Replacement
----------------------------------------------------------------------------------------------------------------
              ASM Part No.                                   Affected airplane configuration
----------------------------------------------------------------------------------------------------------------
2060017-101............................  Post-modification 38062, or
                                         Post-Airbus Service Bulletin A320-47-1002, or
                                         Post-Airbus Service Bulletin A320-47-1004, or
                                         Post-Airbus Service Bulletin A320-47-1007
2060017-102............................  Post-modification 152033, or
                                         Post-Airbus Service Bulletin A320-47-1011
----------------------------------------------------------------------------------------------------------------

(k) No Alternative Actions Intervals, and/or CDCCLs

    After accomplishing the revisions required by paragraph (j) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used other than those specified in Airbus A318/
A319/A320/A321 ALS Part 5--Fuel Airworthiness Limitations, dated 
February 28, 2006, as defined in Airbus A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 4, dated 
August 26, 2010, unless the actions, intervals, and/or CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(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, 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:

[[Page 32064]]

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

    (1) Refer to MCAI EASA Airworthiness Directive 2011-0155, dated 
August 25, 2011, and the following service information, for related 
information.
    (i) Airbus A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness 
Limitations, dated February 28, 2006.
    (ii) Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, 
Document 95A.1931/05, Issue 1, dated December 19, 2005.
    (iii) A318/A319/A320/A321 Fuel Airworthiness Limitations, 
Document 95A.1931/05, Issue 2, dated July 8, 2008.
    (iv) Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, 
Document 95A.1931/05, Issue 4, dated August 26, 2010.
    (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, Washington. For information on the availability 
of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 18, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13191 Filed 5-30-12; 8:45 am]
BILLING CODE 4910-13-P
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