Airworthiness Directives; Airbus Airplanes, 21230-21233 [2013-08068]
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Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–1105; Directorate
Identifier 2012–NM–137–AD; Amendment
39–17406; AD 2013–07–02]
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 all
Airbus Model A318, A319, and A320
series airplanes. 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. This AD requires
modification of the center tank fuel
pump control circuit by installation of
ground fault interrupters (GFIs). This
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
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.
DATES: This AD becomes effective May
15, 2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 15, 2013.
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:
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SUMMARY:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
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apply to the specified products. That
NPRM was published in the Federal
Register on October 23, 2012 (77 FR
64765). That NPRM proposed to correct
an unsafe condition for the specified
products. The Mandatory Continuing
Airworthiness Information (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 [European Aviation Safety Agency]
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
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.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
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Request To Withdraw NPRM (77 FR
64765, October 23, 2012)
An anonymous commenter
questioned the constitutionality of
creating an airworthiness directive.
We infer that the commenter is
requesting that we withdraw the NPRM
(77 FR 64765, October 23, 2012),
because it is unconstitutional. We
disagree. Under part 39 of the Federal
Aviation Regulations (14 CFR part 39),
we issue an AD addressing a product
when we find that an unsafe condition
exists in the product, and the condition
is likely to exist or develop in other
products of the same type design. In the
case of this AD, we determined that the
unsafe condition–the potential of
ignition sources inside fuel tanks with
flammable fuel vapors–could result in
fuel tank explosions and consequent
loss of the airplane.
Further, under the Administrative
Procedure Act (APA) (Pub. L. 79–404, 5
U.S.C. 551, et.seq.) we are required to
provide notice of our intent to add,
change, or remove information in a rule,
as well as to give the public an
opportunity to participate in rulemaking
actions unless we find good cause to
bypass those requirements. (The APA is
a body of laws that, working together,
provide minimum guidelines and rules
that federal agencies are required to
follow when issuing a rule or changing
existing rules that, if adopted, would
impact the rights of the regulated
public.) We have followed these
requirements in issuing this AD. We
have determined it is appropriate to
proceed with issuing the final rule.
Request To Shorten Compliance Time
Although agreeing with the intent of
the NPRM (77 FR 64765, October 23,
2012), Air Line Pilots Association,
International (ALPA) recommended that
we shorten the compliance time to 24
months or less.
We disagree with the request to
shorten the compliance time of the AD.
The ALPA did not provide
substantiating data that would justify
such a shortening of the compliance
time. We determined the compliance
time (48 months after the effective date
of this AD) primarily based on our
assessment of the safety risk. In
establishing the compliance time, we
considered the overall risk to the fleet,
including the severity of the failure and
the likelihood of the failure’s
occurrence. We have not changed this
final rule regarding this issue.
Request To Clarify Paragraph (h) of the
NPRM (77 FR 64765, October 23, 2012)
Virgin America requested clarification
of paragraph (h) of the NPRM (77 FR
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64765, October 23, 2012). Virgin
America stated that, according to
paragraph (h) of the NPRM, for airplanes
on which Modification 150736 has been
embodied in production, and no GFI has
been permanently removed (i.e., the
airplane has been demodified) since
first flight, then the actions required by
paragraph (g) of the NPRM would not be
required. The commenter stated that an
operator may remove and replace a GFI
during normal maintenance operations.
The commenter requested that we
clarify the sentence in paragraph (h) that
states ‘‘and on which no GFI has been
removed since first flight.’’
We agree to clarify the intent of
paragraph (h) of this AD. Paragraph (h)
of this AD is to ensure that the
modification required by paragraph (g)
of this AD is required only if the
operator has modified the airplane from
the as-delivered configuration. We have
revised paragraph (h) of this final rule
accordingly.
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Request for Clarification of
Deactivation
Virgin America stated that
clarification is needed for paragraph (i)
of the NPRM (77 FR 64765, October 23,
2012) with regard to deactivation of the
center tank fuel pump. FAA master
minimum equipment list (MMEL) 28–
21–02 does not include instructions for
deactivating center tank fuel pumps.
We agree. The terminology in FAA
MMEL 28–21–02 is different from what
is used in EASA AD 2012–0198, dated
September 26, 2012. We have revised
paragraph (i) in this final rule to clarify
that the word ‘‘deactivated’’ is
synonymous with ‘‘inoperative.’’ The
FAA MMEL does contain (M) notation
(i.e., maintenance requirements for
certain cases of dispatch).
Request for Instructions for Continued
Flight After Inadvertent GFI Tripping
Delta stated that there have been
industry reports of in-service difficulties
due to the GFI’s tripping and generating
a ‘‘CTR TK PUMP 2 LO PR’’ message.
Preliminary evaluations by the
manufacturer have found the subject
GFIs to be faulty, but a root cause has
not been reported. Delta requested that
we work with Airbus to provide
instructions for continued flight after
inadvertent GFI tripping.
We are aware of these events. GFIs are
expected to isolate the ignition source
downstream of the GFI in the center fuel
tank. We encourage operators to work
with the original equipment
manufacturers (OEMs) for identifying
the root cause of premature failure of
GFIs so that OEMs can take appropriate
steps to alleviate the commenter’s
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concerns referenced in the comment.
These events are not considered unsafe
conditions that warrant changing the
final rule regarding this issue.
Request To Define Tasks for GFI
Operational Test Failure
Delta requested that we define the
conditional tasks—to be done if a GFI
fails an operational test—as specified in
paragraph (i) of the NPRM (77 FR 64765,
October 23, 2012).
We partially agree with the
commenter. We agree that no tasks have
been provided by Airbus at this time to
address failure of the GFI operational
tests; however, this AD requires the
operators to contact the FAA for
approval of an alternative method of
compliance (AMOC) in accordance with
paragraph (j)(1) of this AD. We have not
changed the final rule regarding this
issue.
Request To Correct Task Number
Airbus and Kirk Taylor requested that
we revise the NPRM (77 FR 64765,
October 23, 2012) to reflect the
correction of the maintenance review
board report (MRBR) task in Note 1,
which should read ‘‘28.18.00/10’’
instead of 28.18.00/01.
We agree with the request to correct
the MRBR task number. We have
revised Note 1 to paragraph (i) of this
AD to refer to Task 28.18.00/10,
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.
Request To Correct Typographical
Error
Virgin America noted an error in Note
2 of the NPRM (77 FR 64765, October
23, 2012), which should refer to
paragraph (i) instead of paragraph (h) of
the AD.
We agree. We have changed Note 2 to
paragraph (i) of this AD to correct the
reference to paragraph (i).
Request To Consider Additional
Information in AD Development
Virgin America stated that it was
aware of an Airbus/operator forum
discussion regarding in-service failures
of the GFI unit. Virgin American
requested that we consider these failure
events and associated consequences in
the rulemaking process.
We are aware of these events. GFIs are
expected to isolate the ignition source
downstream of the GFI in the center fuel
tank. We encourage operators to work
with the OEMs for identifying the root
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cause of premature failure of GFIs so
that OEMs can take appropriate steps to
alleviate concerns. These events are not
considered unsafe conditions that
warrant changing the final rule
regarding this issue.
Conclusion
We 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
and minor editorial changes. We have
determined that these changes:
• Are consistent with the intent that
was proposed in the NPRM (77 FR
64765, October 23, 2012) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (77 FR 64765,
October 23, 2012).
Costs of Compliance
Based on the service information, we
estimate that this AD affects about 755
products of U.S. registry. We also
estimate that it takes 11 work-hours per
product to comply with the basic
requirements of this AD. The average
labor rate is $85 per work-hour.
Required parts 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 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.
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Federal Register / Vol. 78, No. 69 / Wednesday, April 10, 2013 / Rules and Regulations
Regulatory Findings
(a) Effective Date
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
This airworthiness directive (AD) becomes
effective May 15, 2013.
Examining the AD Docket
(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.
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 (77 FR 64765,
October 23, 2012), 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:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2013–07–02 Airbus: Amendment 39–17406.
Docket No. FAA–2012–1105; Directorate
Identifier 2012–NM–137–AD.
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(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.
(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
permanently removed since first flight, the
modification specified in paragraph (g) of
this AD is not required.
(i) Corrective Action for Failed PostModification 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 (make inoperative) 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
28.18.00/10, 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
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Airbus A318/A319/A320 Aircraft
Maintenance Manual.
Note 2 to paragraph (i) of this AD:
Guidance on the fuel pump deactivation
specified in paragraph (i) 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, 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, 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.
(k) Related Information
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.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Service Bulletin A320–28–1188,
dated March 23, 2012.
(ii) Reserved.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airwortheas@airbus.com; Internet https://
www.airbus.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
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WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on March
28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2013–08068 Filed 4–9–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0630; Directorate
Identifier 2011–SW–010–AD; Amendment
39–17409; AD 2013–07–05]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Eurocopter France EC130B4 helicopters.
This AD requires visually checking the
center windscreen panel (center
windscreen) for a crack and replacing
the center windscreen if there is a crack,
if the windscreen distorts during flight,
or within 12 months. This AD was
prompted by in-flight cracking and
failure of a center windscreen. The
actions of this AD are intended to detect
a crack in the blending radii of the
center windscreen to prevent failure of
the windscreen, injury to the flight
crew, and subsequent loss of control of
the helicopter.
DATES: This AD is effective May 15,
2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of May 15, 2013.
ADDRESSES: For service information
identified in this AD, contact American
Eurocopter Corporation, 2701 N. Forum
Drive, Grand Prairie, TX 75052,
telephone (972) 641–0000 or (800) 232–
0323, fax (972) 641–3775, or at https://
www.eurocopter.com/techpub. You may
review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
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SUMMARY:
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2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137.
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 this AD, any
incorporated-by-reference service
information, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jim
Grigg, Manager, Safety Management
Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX
76137; telephone (817) 222–5110; email
jim.grigg@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On June 18, 2012, at 77 FR 36213, the
Federal Register published our notice of
proposed rulemaking (NPRM), which
proposed to amend 14 CFR part 39 to
include an AD that would apply to
Eurocopter France EC130B4 helicopters
with a center windscreen, part number
(P/N) 350A25–9004–00, 350A25–9025–
00, or 350A25–9041–20. That NPRM
proposed to require, before each flight,
visually checking the center windscreen
and replacing the center windscreen
panel before further flight if there is a
crack in the center windscreen panel or
if the windscreen distorts during flight.
The NPRM also proposed to require,
within 12 months, replacing the center
windscreen with a certain partnumbered windscreen, which would
terminate the repetitive inspection
requirements. The NPRM specified that
an owner/operator (pilot) may perform
the visual check and must enter
compliance with the applicable
paragraph into the helicopter
maintenance records in accordance with
14 CFR 43.9(a)(1)–(4) and
91.417(a)(2)(v). A pilot may perform this
check because it involves only a visual
check for a crack in the center
windscreen and can be performed
equally well by a pilot or a mechanic.
This authorization is an exception to
our standard maintenance regulations.
The proposed requirements were
intended to detect a crack in the
blending radii of the center windscreen
to prevent failure of the windscreen,
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21233
injury to the flight crew, and subsequent
loss of control of the helicopter.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, issued EASA AD No. 2010–0258,
dated December 6, 2010 (AD 2010–
0258), to correct an unsafe condition for
the Eurocopter France EC130B4
helicopters. EASA received reports that
center windscreen panels failed during
flights due to a crack that started in the
blending radius between the lower and
upper sections of the windscreen. EASA
stated that this condition, if not detected
and corrected, could result in serious
injury of the helicopter occupants, and
therefore, issued Emergency AD 2007–
0219–E, dated August 24, 2007, (AD
2007–0219–E), requiring a pre-flight
inspection of the center windscreen,
repair or replacement of a cracked
windscreen, and an airspeed limitation.
In AD 2010–0258, EASA notes that it
approved a modification (MOD 073590)
for the EC130B4 helicopters that
incorporates a newly designed center
windscreen panel, part number (P/N)
350A25–9045–20, to ‘‘eliminate the
possibility of centre windshield cracks
thus providing an alternative
terminating action for the preflight
inspections.’’
Comments
We gave the public the opportunity to
participate in developing this AD, but
we received no comments on the NPRM
(77 FR 36213, June 18, 2012).
FAA’s Determination
These helicopters have been approved
by the aviation authority of France and
are approved for operation in the United
States. Pursuant to our bilateral
agreement with France, EASA, its
technical representative, has notified us
of the unsafe condition described in the
EASA AD. We are issuing this AD
because we evaluated all information
provided by EASA and determined the
unsafe condition exists and is likely to
exist or develop on other helicopters of
these same type designs and that air
safety and the public interest require
adopting the AD requirements as
proposed.
Differences Between This AD and the
EASA AD
The EASA AD imposes flight
restrictions and replacing the
windscreen within 50 flight hours or 15
days, whichever occurs first, if
distortion of the windscreen is detected
in-flight. This AD mandates replacing
the windscreen before further flight if
distortion occurs during flight. In
addition, this AD mandates MOD
E:\FR\FM\10APR1.SGM
10APR1
Agencies
[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21230-21233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08068]
[[Page 21230]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1105; Directorate Identifier 2012-NM-137-AD;
Amendment 39-17406; AD 2013-07-02]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A320 series airplanes. 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. This AD requires modification of the
center tank fuel pump control circuit by installation of ground fault
interrupters (GFIs). This 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 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.
DATES: This AD becomes effective May 15, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 15,
2013.
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 October 23, 2012 (77
FR 64765). That NPRM proposed to correct an unsafe condition for the
specified products. The Mandatory Continuing Airworthiness Information
(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 [European Aviation
Safety Agency] 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 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Withdraw NPRM (77 FR 64765, October 23, 2012)
An anonymous commenter questioned the constitutionality of creating
an airworthiness directive.
We infer that the commenter is requesting that we withdraw the NPRM
(77 FR 64765, October 23, 2012), because it is unconstitutional. We
disagree. Under part 39 of the Federal Aviation Regulations (14 CFR
part 39), we issue an AD addressing a product when we find that an
unsafe condition exists in the product, and the condition is likely to
exist or develop in other products of the same type design. In the case
of this AD, we determined that the unsafe condition-the potential of
ignition sources inside fuel tanks with flammable fuel vapors-could
result in fuel tank explosions and consequent loss of the airplane.
Further, under the Administrative Procedure Act (APA) (Pub. L. 79-
404, 5 U.S.C. 551, et.seq.) we are required to provide notice of our
intent to add, change, or remove information in a rule, as well as to
give the public an opportunity to participate in rulemaking actions
unless we find good cause to bypass those requirements. (The APA is a
body of laws that, working together, provide minimum guidelines and
rules that federal agencies are required to follow when issuing a rule
or changing existing rules that, if adopted, would impact the rights of
the regulated public.) We have followed these requirements in issuing
this AD. We have determined it is appropriate to proceed with issuing
the final rule.
Request To Shorten Compliance Time
Although agreeing with the intent of the NPRM (77 FR 64765, October
23, 2012), Air Line Pilots Association, International (ALPA)
recommended that we shorten the compliance time to 24 months or less.
We disagree with the request to shorten the compliance time of the
AD. The ALPA did not provide substantiating data that would justify
such a shortening of the compliance time. We determined the compliance
time (48 months after the effective date of this AD) primarily based on
our assessment of the safety risk. In establishing the compliance time,
we considered the overall risk to the fleet, including the severity of
the failure and the likelihood of the failure's occurrence. We have not
changed this final rule regarding this issue.
Request To Clarify Paragraph (h) of the NPRM (77 FR 64765, October 23,
2012)
Virgin America requested clarification of paragraph (h) of the NPRM
(77 FR
[[Page 21231]]
64765, October 23, 2012). Virgin America stated that, according to
paragraph (h) of the NPRM, for airplanes on which Modification 150736
has been embodied in production, and no GFI has been permanently
removed (i.e., the airplane has been demodified) since first flight,
then the actions required by paragraph (g) of the NPRM would not be
required. The commenter stated that an operator may remove and replace
a GFI during normal maintenance operations. The commenter requested
that we clarify the sentence in paragraph (h) that states ``and on
which no GFI has been removed since first flight.''
We agree to clarify the intent of paragraph (h) of this AD.
Paragraph (h) of this AD is to ensure that the modification required by
paragraph (g) of this AD is required only if the operator has modified
the airplane from the as-delivered configuration. We have revised
paragraph (h) of this final rule accordingly.
Request for Clarification of Deactivation
Virgin America stated that clarification is needed for paragraph
(i) of the NPRM (77 FR 64765, October 23, 2012) with regard to
deactivation of the center tank fuel pump. FAA master minimum equipment
list (MMEL) 28-21-02 does not include instructions for deactivating
center tank fuel pumps.
We agree. The terminology in FAA MMEL 28-21-02 is different from
what is used in EASA AD 2012-0198, dated September 26, 2012. We have
revised paragraph (i) in this final rule to clarify that the word
``deactivated'' is synonymous with ``inoperative.'' The FAA MMEL does
contain (M) notation (i.e., maintenance requirements for certain cases
of dispatch).
Request for Instructions for Continued Flight After Inadvertent GFI
Tripping
Delta stated that there have been industry reports of in-service
difficulties due to the GFI's tripping and generating a ``CTR TK PUMP 2
LO PR'' message. Preliminary evaluations by the manufacturer have found
the subject GFIs to be faulty, but a root cause has not been reported.
Delta requested that we work with Airbus to provide instructions for
continued flight after inadvertent GFI tripping.
We are aware of these events. GFIs are expected to isolate the
ignition source downstream of the GFI in the center fuel tank. We
encourage operators to work with the original equipment manufacturers
(OEMs) for identifying the root cause of premature failure of GFIs so
that OEMs can take appropriate steps to alleviate the commenter's
concerns referenced in the comment. These events are not considered
unsafe conditions that warrant changing the final rule regarding this
issue.
Request To Define Tasks for GFI Operational Test Failure
Delta requested that we define the conditional tasks--to be done if
a GFI fails an operational test--as specified in paragraph (i) of the
NPRM (77 FR 64765, October 23, 2012).
We partially agree with the commenter. We agree that no tasks have
been provided by Airbus at this time to address failure of the GFI
operational tests; however, this AD requires the operators to contact
the FAA for approval of an alternative method of compliance (AMOC) in
accordance with paragraph (j)(1) of this AD. We have not changed the
final rule regarding this issue.
Request To Correct Task Number
Airbus and Kirk Taylor requested that we revise the NPRM (77 FR
64765, October 23, 2012) to reflect the correction of the maintenance
review board report (MRBR) task in Note 1, which should read
``28.18.00/10'' instead of 28.18.00/01.
We agree with the request to correct the MRBR task number. We have
revised Note 1 to paragraph (i) of this AD to refer to Task 28.18.00/
10, 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.
Request To Correct Typographical Error
Virgin America noted an error in Note 2 of the NPRM (77 FR 64765,
October 23, 2012), which should refer to paragraph (i) instead of
paragraph (h) of the AD.
We agree. We have changed Note 2 to paragraph (i) of this AD to
correct the reference to paragraph (i).
Request To Consider Additional Information in AD Development
Virgin America stated that it was aware of an Airbus/operator forum
discussion regarding in-service failures of the GFI unit. Virgin
American requested that we consider these failure events and associated
consequences in the rulemaking process.
We are aware of these events. GFIs are expected to isolate the
ignition source downstream of the GFI in the center fuel tank. We
encourage operators to work with the OEMs for identifying the root
cause of premature failure of GFIs so that OEMs can take appropriate
steps to alleviate concerns. These events are not considered unsafe
conditions that warrant changing the final rule regarding this issue.
Conclusion
We 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 and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 64765, October 23, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 64765, October 23, 2012).
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 755 products of U.S. registry. We also estimate that it takes 11
work-hours per product to comply with the basic requirements of this
AD. The average labor rate is $85 per work-hour. Required parts 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 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.
[[Page 21232]]
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
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 (77 FR 64765, October 23,
2012), 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:
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 adding the following new AD:
2013-07-02 Airbus: Amendment 39-17406. Docket No. FAA-2012-1105;
Directorate Identifier 2012-NM-137-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective May 15,
2013.
(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 permanently
removed since first flight, the modification specified in paragraph
(g) of this AD is not required.
(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 (make
inoperative) 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
28.18.00/10, 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 (i) 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, 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, 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.
(k) Related Information
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.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Airbus Service Bulletin A320-28-1188, dated March 23, 2012.
(ii) Reserved.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
[[Page 21233]]
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08068 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P