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[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Proposed Rules]
[Pages 64765-64767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26078]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1105; Directorate Identifier 2012-NM-137-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 adopt a new airworthiness directive (AD) for all 
Airbus Model A318, A319, and A320 series airplanes. This proposed AD 
was prompted by fuel system reviews conducted by the manufacturer, 
which revealed that certain fuel pumps under certain conditions can 
create an ignition source in the fuel tank. This proposed AD would 
require modification of the center tank fuel pump control circuit by 
installation of ground fault interrupters (GFIs). This proposed AD 
would also require either replacement of the GFI or deactivation of the 
associated fuel pump following failure of any post-modification 
operational test of the GFI. 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 fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by December 7, 
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, 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, Washington 98057-3356; phone: 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-2012-1105; 
Directorate Identifier 2012-NM-137-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Airworthiness Directive 2012-0198, dated September 26, 2012 (which 
superseded EASA AD 2012-0133, dated July 18, 2012) (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:
    * * * The FAA published Special Federal Aviation Regulation 
(SFAR) 88, and the Joint Aviation Authorities (JAA) published 
Interim Policy INT/POL/25/12.
    In the framework of these requirements, EASA have determined 
that the electrical power supply circuits of certain fuel pumps, 
installed on A320 family aeroplanes, for which the canisters become 
uncovered during normal operation, could, under certain conditions, 
create an ignition source in the tank vapour space.
    This condition, if not corrected, could result in a fuel tank 
explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Airbus developed a 
modification which includes installing Ground Fault Interrupters 
(GFI) into the centre tank fuel pump control circuit, providing 
additional system protection by electrically isolating the pump in 
case of a ground fault condition downstream of the GFI.
    Consequently, EASA issued AD 2012-0133 to require modification 
of the centre tank fuel

[[Page 64766]]

pump control circuit by installing GFI and thereafter, in case a GFI 
failed an operational test, replacement of the faulty GFI, or 
deactivation of the associated fuel pump in accordance with the 
provisions of the applicable Master Minimum Equipment List (MMEL).
    Since that [EASA] AD was issued, it was noted that, 
inadvertently, the Applicability of the Final AD was incorrect (the 
preceding PAD [proposed AD] 12-051 was correct) by excluding 
aeroplanes on which Airbus modification 150736 has been embodied in 
production. As a result, the required actions when a GFI fails an 
operational test did not apply to those aeroplanes.
    For the reasons described above, this [EASA] AD retains the 
requirements [modification of the centre tank fuel pump control 
circuit by installing GFI] of EASA AD 2012-0133, which is 
superseded, and expands the Applicability to aeroplanes on which 
Airbus modification 150736 has been embodied in production.

The required actions also include either replacement of the GFI or 
deactivation of the associated fuel pump following failure of any post-
modification operational test of the GFI. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1188, dated March 23, 
2012. 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 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 affect about 755 products of U.S. registry. We also estimate that 
it would take about 11 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 $3,360 per product, 
depending on configuration. Where the service information lists 
required parts costs that are covered under warranty, we have assumed 
that there will be no charge for these parts. As we do not control 
warranty coverage for affected parties, some parties may incur costs 
higher than estimated here. Based on these figures, we estimate the 
cost of the proposed AD on U.S. operators to be $3,242,725, or $4,295 
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 adding the following new AD:

Airbus: Docket No. FAA-2012-1105; Directorate Identifier 2012-NM-
137-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2012.

(b) Affected ADs

    None.

(c) Applicability

    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; and Model A320-111, -211, -212, -214, -231, -232, and 
-233 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 fuel system reviews conducted by the 
manufacturer, which revealed that certain fuel pumps under certain 
conditions can create an ignition source in the fuel tank. 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 fuel tank explosions 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) Modification

    Except as provided by paragraph (h) of this AD: Within 48 months 
after the effective date of this AD, modify the center tank fuel 
pump control circuit by installing ground fault interrupters (GFIs), 
in accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A320-28-1188, dated March 23, 2012.

(h) Airplanes Excluded From Modification Requirement

    For airplanes on which Airbus modification 150736 has been 
embodied in production, and on which no GFI has been removed since 
first flight, the modification specified in paragraph (g) of this AD 
is not required.

[[Page 64767]]

(i) Corrective Action for Failed Post-modification Operational Test

    After accomplishment of the modification specified in paragraph 
(g) or (h) of this AD, each time a GFI fails an operational test, 
before further flight, replace the GFI or deactivate the associated 
fuel pump, in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA.

    Note 1 to paragraph (i) of this AD:  Guidance on the operational 
test specified in paragraph (i) of this AD can be found in Task 
28.18.00/01, Operational Check of Centre Tank Fuel Pump GFI, of the 
Airbus A318/A319/A320/A321 Maintenance Review Board Report or Task 
281800-710-801, Operational Check of Centre Tank Fuel Pump GFI, of 
the Airbus A318/A319/A320 Aircraft Maintenance Manual.

    Note 2 to paragraph (i) of this AD:  Guidance on the fuel pump 
deactivation specified in paragraph (h) of this AD can be found in 
Item 28-21-02, Center Tank Systems, of the FAA Master Minimum 
Equipment List for Airbus A318/A319/A320/A321.

(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, 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, 1601 
Lind Avenue SW., Renton, Washington 98057-3356; phone: 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 their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0198, dated 
September 26, 2012; and Airbus Service Bulletin A320-28-1188, dated 
March 23, 2012; for related information.
    (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 October 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26078 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P
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