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[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 71992-71996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28192]

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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; 
Amendment 39-17682; AD 2013-24-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2006-06-14 for 
certain Airbus Model 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 required 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 perform related 
investigative and corrective actions if necessary. This new AD also 
requires an inspection (improved method) to determine the part numbers 
of the MFLIs, and, if necessary, replacement of the MFLI or repair. 
This AD was prompted by information that the related investigative 
actions of AD 2006-06-14 are not fully effective and that an affected 
MFLI could still be installed on airplanes on which the

[[Page 71993]]

related investigative actions were accomplished. We are issuing 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: This AD becomes effective January 6, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 6, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of May 1, 
2006 (71 FR 15023, March 27, 2006).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0698; 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 service information identified in this AD, contact Airbus, 
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; email 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.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1405; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to the specified products. The 
NPRM published in the Federal Register on August 20, 2013 (78 FR 
51117), and proposed to supersede AD 2006-06-14, Amendment 39-14523 (71 
FR 15023, March 27, 2006). The NPRM proposed to correct an unsafe 
condition for the specified products.
    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 examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
0698-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 51117, August 20, 
2013) or on the determination of the cost to the public.

Change to ``Applicability,'' Paragraph (c) of This Final Rule

    We have removed Airbus Model A320-215 and A320-216 airplanes from 
paragraph (c) of this final rule. These airplane models are not listed 
on a U.S. type certificate data sheet (TCDS). If those airplane models 
are later certificated in the U.S. and listed on a U.S. TCDS, we may 
consider further action then.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 51117, August 20, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 51117, August 20, 2013).

Costs of Compliance

    We estimate that this AD affects 755 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

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

[[Page 71994]]

 
Inspection for part numbers      21 work-hours x $85     $0...............  $1,785...........  $1,347,675.
 [new 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 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
----------------------------------------------------------------------------------------------------------------
Replacement or repair.........................  4 work-hours x $85 per hour = $340....           $0         $340
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this 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 regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0698-0002; or in 
person at the Docket Operations office between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2006-06-14, Amendment 39-14523 (71 FR 15023, March 27, 2006), and 
adding the following new AD:

2013-24-08 Airbus: Amendment 39-17682. Docket No. FAA-2013-0698; 
Directorate Identifier 2012-NM-136-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 6, 
2014.

(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, 
A320-231, 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

[[Page 71995]]

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

(o) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0119, dated July 4, 2012, for related information. You may examine 
the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0698-0002.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
January 6, 2014.
    (i) Airbus Service Bulletin A320-28-1209, dated December 12, 
2011.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
May 1, 2006 (71 FR 15023, March 27, 2006).
    (i) Airbus Service Bulletin A320-28-1138, dated March 18, 2005.
    (ii) Reserved.
    (5) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com.

[[Page 71996]]

    (6) 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 15, 2013.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-28192 Filed 11-29-13; 8:45 am]
BILLING CODE 4910-13-P
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