[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29207-29210]
[FR Doc No: 2012-11490]

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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1321; Directorate Identifier 2011-NM-045-AD;
Amendment 39-17047; AD 2012-09-12]
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 an existing airworthiness directive (AD)
for certain Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, and -131 airplanes; equipped
with an additional center tank (ACT). That AD currently requires
identifying the part number of the ACT and, for certain ACTs, replacing
the outer ACT manhole cover and seal. This new AD requires modifying
certain ACTs by replacing the manhole seal with a new seal; adding
certain ACT equipped airplanes to the applicability; and removing Model
A320-111 airplanes from the applicability. This AD was prompted by
reports that the modification required by the current AD was not fully
effective. We are issuing this AD to prevent fuel and/or vapor leakage,
which could result in a combustible fuel vapor/air mixture in the cargo
compartment, and consequent fire risk.

DATES: This AD becomes effective June 21, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 21,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
December 19, 2005 (70 FR 69067, November 14, 2005).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov 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 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<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 15, 2011
(76 FR 77934), and proposed to supersede AD 2005-23-02, Amendment 39-
14360 (70 FR 69067, November 14, 2005). That NPRM proposed to correct
an unsafe condition for the specified products. The MCAI states:

    Following an automatic ACT fuel transfer failure on an A319, it
was noted that the ACT manhole cover seals were extruded, allowing
leakage.
    This condition, if not corrected, can lead to fuel and/or vapour
leakage, possibly resulting in a combustible fuel vapour/air mixture
in the cargo compartment, which would constitute a fire risk.
    DGAC France AD F-2004-038 [which corresponds to FAA AD 2005-23-
02] was issued to require the replacement of the ACT manhole cover
and its seal in accordance with SB A320-28-1105, but this
modification has proved not to be fully effective. Therefore, it is
necessary to replace the seal material and to change the
installation process in order to prevent such seal deformation and
possibility of leakage.
    For the reasons described above, this [EASA] AD supersedes DGAC
France AD F-2004-038 (EASA approval 2004-2110) and requires the
replacement of the existing manhole seal with a new seal.

    This AD also adds certain ACT equipped airplanes, produced after AD
2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005) was
issued, to the applicability. This AD also removes Model A320-111
airplanes from the applicability because there are no operational Model
A320-111 airplanes in the United States and Airbus intends to remove
this model from the EASA Type Certificate Data Sheet (TCDS). You may
obtain further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.

Support for NPRM (76 FR 77934, December 15, 2011)

    Thomas Hayden Barnes stated he supports efforts to ensure airline
safety and the NPRM (76 FR 77934, December 15, 2011) appears
reasonable.
    US Airways stated it supports the intent of the NPRM (76 FR 77934,
December 15, 2011).

Request to Revise Cost Estimate

    US Airways stated that accomplishment of the modification specified
in Airbus Mandatory Service Bulletin A320-28-1162, Revision 02, dated
December 18, 2009, will take 14.5 man-hours per fuel tank. We infer
that the commenter wants the preamble section of the final rule changed
to reflect 14.5 work-hours per fuel tank.
    We agree. The total work-hours for accessing, modifying a fuel
tank, and closing are estimated at 14.5 work-hours per fuel tank. We
have changed the cost section in the final rule to reflect an estimate
of 15 work-hours per fuel tank to comply with the new basic
requirements of this AD. We have also revised the estimated cost of the
AD on U.S. operators to be $919,275 (based on one fuel tank per
airplane), or $1,275 per fuel tank.

Request To Revise the Parts Cost Statement

    US Airways requested we revise the parts cost statement of the NPRM
(76 FR 77934, December 15, 2011) to include the parts cost for the
actions required by AD 2005-23-02, Amendment 39-14360 (70 FR 69067,
November 14, 2005) and that are retained in the NPRM. The commenter
stated that the parts costs are not covered under warranty.
    We partially agree. Airbus Service Bulletin A320-28-1105, Revision
02, dated March 11, 2005, states that Airbus will provide the material
at no charge

for orders placed before December 31, 2003. Therefore, we agree that
some operators may have had to pay for parts. We do not agree to add
parts costs to this final rule, but we have added a statement to the
cost section for actions that are required by AD 2005-23-02, Amendment
39-14360 (70 FR 69067, November 14, 2005) and retained in this AD.
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.

Request To Allow Seal Replacement Without ACT Removal

    US Airways requested the NPRM (76 FR 77934, December 15, 2011) be
changed to allow installation of the seals without removing the ACTs
from the airplane as specified in AD 2005-23-02, Amendment 39-14360 (70
FR 69067, November 14, 2005). The commenter stated that in order to
replace the seal on ACT number 2, only the integrated impact wall needs
to be removed; and for seal replacement on ACT number 1, the ACT number
2 has to be rolled rearward approximately two feet to provide access to
ACT number 1, which can then have its seal replaced without ACT
removal. The commenter provided references to its internal
documentation to support its request.
    We disagree. US Airways request does not substantiate the detailed
procedures needed for deviation from the Airbus recommended actions
specified in Airbus Mandatory Service Bulletin A320-28-1162, Revision
02, dated December 18, 2009, for installation of seals on the ACT
number 1 and ACT number 2. In addition, Airbus foresees a potential
safety hazard for mechanics if seals are installed without removing the
ACTs due to inadequate ventilation and high concentration of fuel
vapor.
    Under the provisions of paragraph (l) of this AD, we will consider
requests for approval of alternate method of compliance (AMOC) if
sufficient data are submitted to substantiate that deviation from the
specified procedures in Airbus Mandatory Service Bulletin A320-28-1162,
Revision 02, dated December 18, 2009, would provide an acceptable level
of safety. We have not changed the AD in this regard.

Explanation of Additional Changes Made to the AD

    We have revised the heading for paragraph (k) of this AD and the
wording in paragraphs (h) and (k) of this AD; these changes have not
changed the intent of those paragraphs.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed, except for minor editorial changes and/or changes
to the cost section that add the accessing and closing costs. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 77934, December 15, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 77934, December 15, 2011).

Costs of Compliance

    Based on the service information, we estimate that this AD affects
721 products of U.S. registry.
    The actions that are required by AD 2005-23-02, Amendment 39-14360
(70 FR 69067, November 14, 2005) and retained in this AD take about 1
work-hour per product, at an average labor rate of $85 per work hour.
Required parts cost about $0 per product. 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, the estimated
cost of the currently required actions is $85 per product.
    We estimate that it would take about 15 work-hours per fuel tank to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. 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 AD
on U.S. operators to be $919,275, or $1,275 per fuel tank.

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 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 AD and placed it in the AD docket.

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 the NPRM (76 FR 77934, December 15,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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)
2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005), and
adding the following new AD:

2012-09-12 Airbus: Amendment 39-17047. Docket No. FAA-2011-1321;
Directorate Identifier 2011-NM-045-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 21,
2012.

(b) Affected ADs

    This AD supersedes AD 2005-23-02, Amendment 39-14360 (70 FR
69067, November 14, 2005).

(c) Applicability

    This AD applies to Airbus airplanes listed in paragraphs (c)(1),
(c)(2), and (c)(3) of this AD; certificated in any category; all
serial numbers; if equipped with one or more additional center
tank(s) (ACT) with a part number (P/N) listed in table 1 of this AD.
This AD does not apply to airplanes already having received Airbus
modification 38036 in production.
    (1) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (2) Model A320-211, -212, -214, -231, -232, and -233 airplanes.
    (3) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

                              Table 1--Affected ACT Part Numbers for Applicability
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       D2827091100000               D2827105100200               D2827105300600              D2827105500400
       D2827091100200               D2827105100400               D2827105300800              D2827105500600
       D2827091100400               D2827105100600               D2827105400000              D2827105500800
       D2827091100600               D2827105100800               D2827105400200              D2827105600000
       D2827091100800               D2827105200000               D2827105400400              D2827105600200
       D2827091101000               D2827105200200               D2827105400600              D2827105600400
       D2827091300000               D2827105200400               D2827105400800              D2827105600600
       D2827091300200               D2827105200600               D2827105401000              D2827105600800
       D2827091300400               D2827105200800               D2827105401200              D2827107500000
       D2827091300600               D2827105300000               D2827105401400              D2827107500200
       D2827091300800               D2827105300200               D2827105500000              D2827107500400
       D2827105100000               D2827105300400               D2827105500200              D2827107500600
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(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports that the modification required
by AD 2005-23-02, Amendment 39-14360 (70 FR 69067, November 14,
2005), was not fully effective. We are issuing this AD to prevent
fuel and/or vapor leakage, which could result in a combustible fuel
vapor/air mixture in the cargo compartment, and consequent fire
risk.

(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 Determination of Part Number With New Sealing Procedures

    This paragraph restates the requirements of paragraph (f) of AD
2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005),
with new sealing procedures. Within 30 days (for Model A319-111, -
112, -113, -114, -115, -131, -132, and -133 airplanes) or 12 months
(for Model A320-211, -212, -214, -231, -232, and -233 airplanes; and
Model A321-111, -112, and -131 airplanes) after December 19, 2005
(the effective date of AD 2005-23-02, Amendment 39-14360 (70 FR
69067, November 14, 2005): Determine whether the P/N of each ACT
installed on the airplane is included in table 2 of this AD. If no
ACT installed on the airplane has a P/N included in table 2 of this
AD, no further work is required by this paragraph.

                        Table 2--Affected ACT P/Ns for AD 2005-23-02, Amendment 39-14360
                                        [70 FR 69067, November 14, 2005]
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       D2827091100000               D2827105100200               D2827105300400              D2827105500200
       D2827091100200               D2827105100400               D2827105400000              D2827105500400
       D2827091100600               D2827105200000               D2827105400200              D2827105600000
       D2827091300000               D2827105200200               D2827105400400              D2827105600200
       D2827091300200               D2827105200400               D2827105400600              D2827105600400
       D2827091300400               D2827105300000               D2827105400800              D2827107500000
       D2827105100000               D2827105300200               D2827105500000              D2827107500200
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(h) Retained Manhole Cover/Seal Replacement

    This paragraph restates the requirements of paragraph (g) of AD
2005-23-02, Amendment 39-14350 (70 FR 69067, November 14, 2005).
Within 30 days (for Model A319-111, -112, -113, -114, -115, -131, -
132, and -133 airplanes) or 12 months (for Model A320-211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, and -
131 airplanes) after December 19, 2005 (the effective date of AD
2005-23-02, Amendment 39-14360 (70 FR 69067, November 14, 2005)):
For each ACT P/N listed in table 2 of this AD: Before further
flight, replace the outer ACT manhole cover with a reinforced
manhole cover and replace the outer manhole cover seal with a new
seal, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-28-1105, Revision 02, dated March 11, 2005.
This paragraph provides credit for the replacements required by this
paragraph if the replacements were performed before December 19,
2005, using Airbus Service Bulletin A320-28-1105, Revision 01, dated
March 18, 2003; and Airbus Service Bulletin A320-28-1105, dated
October 22, 2002. As of the effective date of this AD, doing the
manhole cover seal replacement required by paragraph (i) of this AD,
terminates the manhole cover seal replacement required by this
paragraph.

(i) ACT Modification

    Within 3,000 flight cycles or 24 months, whichever occurs first
after the effective date of this AD: Modify the affected ACT listed
in table 1 of this AD by replacing the manhole seal, in accordance
with the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A320-28-1162, Revision 02, dated December 18, 2009.
Accomplishing the manhole cover sealing replacement specified in
this paragraph terminates the manhole

cover sealing replacement required in paragraph (h) of this AD.

(j) Parts Installation

    As of the effective date of this AD, no person may install an
ACT, having a part number is listed in table 1 of this AD, on any
airplane unless it has been modified prior to its installation, in
accordance with Airbus Mandatory Service Bulletin A320-28-1162,
Revision 02, dated December 18, 2009.

(k) Credit for Previous Actions

    This paragraph provides credit for the modification required by
paragraph (i) of this AD, if the modification was performed before
the effective date of this AD using Airbus Mandatory Service
Bulletin A320-28-1162, dated February 6, 2008; or Revision 01, dated
July 16, 2008.

(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, 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, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0177, dated August 30, 2010; Airbus
Mandatory Service Bulletin A320-28-1162, Revision 02, dated December
18, 2009; and Airbus Service Bulletin A320-28-1105, Revision 02,
dated March 11, 2005; for related information.

(n) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51 on the date specified.
    (2) The following service information was approved for IBR as of
the effective date of this AD:
    (i) Airbus Mandatory Service Bulletin A320-28-1162, Revision 02,
dated December 18, 2009.
    (3) The following service information was approved for IBR on
December 19, 2005 (70 FR 69067, November 14, 2005):
    (i) Airbus Service Bulletin A320-28-1105, Revision 02, dated
March 11, 2005.
    (4) For Airbus 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<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (5) You may review copies of the 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<PHONE_NUMBER>.
    (6) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 1, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-11490 Filed 5-16-12; 8:45 am]
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