Airworthiness Directives; Airbus Airplanes, 29207-29210 [2012-11490]
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29207
Rules and Regulations
Federal Register
Vol. 77, No. 96
Thursday, May 17, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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.
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SUMMARY:
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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 https://
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 (425) 227–1149.
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
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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
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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.
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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.
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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 workhour 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:
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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 https://
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
(800) 647–5527) 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:
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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations
PART 39—AIRWORTHINESS
DIRECTIVES
2012–09–12 Airbus: Amendment 39–17047.
Docket No. FAA–2011–1321; Directorate
Identifier 2011–NM–045–AD.
1. The authority citation for part 39
continues to read as follows:
(a) Effective Date
This airworthiness directive (AD) becomes
effective June 21, 2012.
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 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:
■
(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
29209
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
D2827091100000
D2827091100200
D2827091100400
D2827091100600
D2827091100800
D2827091101000
D2827091300000
D2827091300200
D2827091300400
D2827091300600
D2827091300800
D2827105100000
D2827105100200
D2827105100400
D2827105100600
D2827105100800
D2827105200000
D2827105200200
D2827105200400
D2827105200600
D2827105200800
D2827105300000
D2827105300200
D2827105300400
(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.
D2827105300600
D2827105300800
D2827105400000
D2827105400200
D2827105400400
D2827105400600
D2827105400800
D2827105401000
D2827105401200
D2827105401400
D2827105500000
D2827105500200
(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,
D2827105500400
D2827105500600
D2827105500800
D2827105600000
D2827105600200
D2827105600400
D2827105600600
D2827105600800
D2827107500000
D2827107500200
D2827107500400
D2827107500600
–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]
D2827091100000
D2827091100200
D2827091100600
D2827091300000
D2827091300200
D2827091300400
D2827105100000
D2827105100200
D2827105100400
D2827105200000
D2827105200200
D2827105200400
D2827105300000
D2827105300200
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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
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D2827105300400
D2827105400000
D2827105400200
D2827105400400
D2827105400600
D2827105400800
D2827105500000
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
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D2827105500200
D2827105500400
D2827105600000
D2827105600200
D2827105600400
D2827107500000
D2827107500200
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
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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
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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 (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.
(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.
VerDate Mar<15>2010
16:15 May 16, 2012
Jkt 226001
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: account.airwortheas@airbus.com; Internet https://
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
425–227–1221.
(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 202–741–
6030, or go to https://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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1327; Directorate
Identifier 2011–NM–091–AD; Amendment
39–17048; AD 2012–09–13]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A330–200 freighter series
airplanes; Model A330–200 and –300
series airplanes; and Model A340–200
and –300 series airplanes. This AD was
prompted by a report of corrosion found
on the main fitting of the nose landing
gear (NLG) leg in the vicinity of the
SUMMARY:
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dowel pin bushes retaining the lower
steering flange. This AD requires
modifying the NLG main fitting by
adding primer paint to the cadmium
around the dowel bush holes. We are
issuing this AD to prevent NLG main
fitting rupture, which could result in an
NLG collapse.
DATES: This AD becomes effective June
21, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 21, 2012.
ADDRESSES: You may examine the AD
docket on the Internet at https://
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:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
425–227–1138; fax 425–227–1149.
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 29, 2011 (76 FR
81884). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Corrosion has been found on the main
fitting of the NLG leg in the vicinity of the
dowel pin bushes retaining the lower steering
flange on A330/A340 aeroplanes. The
majority of parts have been reworked and
returned to service.
This corrosion, if not avoided, could lead
to the NLG main fitting rupture, possibly
resulting in a NLG collapse, which would
constitute an unsafe condition.
In order to maintain the structural integrity
of the NLG, this [EASA] AD requires the
accomplishment of a modification which
consists in adding primer paint to the
cadmium around the dowel bush holes on
the main fitting, in order to provide further
protection against cadmium degradation.
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
received no comments on the NPRM (76
FR 81884, December 29, 2011) or on the
determination of the cost to the public.
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29207-29210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11490]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules
and Regulations
[[Page 29207]]
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.
-----------------------------------------------------------------------
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 https://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 (425) 227-1149.
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
[[Page 29208]]
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 https://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 (800) 647-5527) 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:
[[Page 29209]]
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
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
(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]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
(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
[[Page 29210]]
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 (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.
(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: account.airworth-eas@airbus.com;
Internet https://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 425-227-1221.
(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 202-741-6030, or go to https://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]
BILLING CODE 4910-13-P
