Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations 15023 

Issued in Renton, Washington, on March 

10, 2006. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 06–2851 Filed 3–24–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23314; Directorate 

Identifier 2005–NM–189–AD; Amendment 

39–14523; AD 2006–06–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318–100 and A319–100 Series 

Airplanes, A320–111 Airplanes, A320–

200 Series Airplanes, and A321–100 

and A321–200 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) 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. This 

AD requires operators to review the 

airplane’s maintenance records to 

determine the part numbers of the 

magnetic fuel level indicators (MFLI) of 

the wing fuel tanks, and related 

investigative and corrective actions if 

necessary. This AD results from several 

in-service incidents of wear and 

detachment of the top-stops from the 

MFLI. Such detachment allows the topstop to move around the wing fuel tank, 

and the top-stop could come into 

contact or in close proximity with a 

gauging probe, resulting in compromise 

of the air gap between the probe and the 

structure and creating a potential 

ignition source. 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 May 

1, 2006. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 1, 2006. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, 

for service information identified in this 

AD. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (AD) docket on the Internet at 

http://dms.dot.gov or in person at the 

Docket Management Facility office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to 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. That NPRM was 

published in the Federal Register on 

December 15, 2005 (70 FR 74235). That 

NPRM proposed to require operators to 

review the airplane’s maintenance 

records to determine the part numbers 

of the magnetic fuel level indicators 

(MFLI) of the fuel tank, and related 

investigative and corrective actions if 

necessary. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received from 

one commenter. 

Request To Clarify Affected Fuel Tanks 

US Airways asks that the NPRM be 

changed to add that the affected fuel 

tanks are wing fuel tanks only. US 

Airways states that the type of fuel tank 

is specified in the referenced service 

bulletin. We agree with US Airways and 

have clarified that only the wing fuel 

tanks are affected. We have made this 

change throughout the AD. 

Request for Clarification of Part 

Number (P/N) Determination 

US Airways states that the NPRM 

specifies determining the P/Ns of the 

MFLI of the fuel tank by reviewing 

maintenance records; however, upon 

review, US Airways found no reference 

to MFLI P/N position installation 

information. US Airways adds that there 

is no reference or baseline for 

determining the part installed in the 

MFLI position without tank entry and a 

visual check. 

Although US Airways requested no 

change, we agree with their comment. 

The Relevant Service Information 

section of the NPRM specifies the 

following: ‘‘If the P/N for each MFLI 

cannot be determined from a records 

review, the related investigative actions 

include accomplishing a visual 

inspection of the internal bore of each 

MFLI using an endoscope to determine 

the type of MFLI that is installed.’’ This 

inspection can be done without entering 

the tank. We have made no change to 

the AD in this regard. 

Request To Change Work Hours 

US Airways also asks that the work 

hours specified in the NPRM be 

changed from 1 to 8 work hours to 

reflect a more realistic time to inspect 

the MFLI. US Airways states that since 

the units are installed in five to seven 

positions, depending on the type of 

airplane, one hour for accomplishing 

the actions, as estimated in the NPRM, 

is not sufficient. 

We acknowledge and agree with US 

Airways’ concern for the reasons stated. 

We have changed the Costs of 

Compliance section of this AD 

accordingly. 

Explanation of Change to Applicability 

We have revised the applicability of 

this AD to identify model designations 

as published in the most recent type 

certificate data sheet for the affected 

models. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. These changes will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Costs of Compliance 

This AD affects about 621 airplanes of 

U.S. registry. The actions will take 

between 1 and 8 work hours per 

airplane, at an average labor rate of $65 

per work hour. Based on these figures, 

the estimated cost of the AD for U.S. 

operators is between $40,365 and 

$322,920, or between $65 and $520 per 

airplane. 


cchase on PROD1PC60 with RULES
15024 Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations 

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 have 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 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–06–14 Airbus: Amendment 39–14523. 

Docket No. FAA–2005–23314; 

Directorate Identifier 2005–NM–189–AD. 

Effective Date 

(a) This AD becomes effective May 1, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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; certificated in any 

category; except airplanes on which Airbus 

Modification 27496 has been installed in 

production. 

Unsafe Condition 

(d) This AD results from several in-service 

incidents of wear and detachment of the topstops from the magnetic fuel level indicators 

(MFLI). Such detachment allows the top-stop 

to move around the wing fuel tank, and the 

top-stop could come into contact or in close 

proximity with a gauging probe, resulting in 

compromise of the air gap between the probe 

and the structure and creating a potential 

ignition source. 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. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Review Airplane Maintenance Records/ 

Investigative and Corrective Actions 

(f) Within 65 months or 6,500 flight hours 

after the effective date of this AD, 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 the service bulletin, before 

further flight, do the applicable related 

investigative and corrective actions by 

accomplishing all of the actions in 

accordance with the Accomplishment 

Instructions of the service bulletin. 

Parts Installation 

(g) As of the effective date of this AD, 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. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(i) French airworthiness directive F–2005–

108, dated July 6, 2005, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(j) You must use Airbus Service Bulletin 

A320–28–1138, dated March 18, 2005, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France, for a copy of this service information. 

You may review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Room PL–401, Nassif Building, Washington, 

DC; on the Internet at http://dms.dot.gov; or 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on March 

10, 2006. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 06–2850 Filed 3–24–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21909; Directorate 

Identifier 2005–NM–059–AD; Amendment 

39–14521; AD 2006–06–12] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR72 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 


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