[Federal Register: July 19, 2005 (Volume 70, Number 137)]
[Proposed Rules]
[Page 41350-41352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy05-9]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 41350]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21861; Directorate Identifier 2005-NM-093-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A320-111 Airplanes, and
Model A320-200 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Model A320-111 airplanes, and Model A320-200 series
airplanes. This proposed AD would require installing a bonding strip
between each of the two water scavenge jet pumps of the center fuel
tank and the rear spar in section 21. This proposed AD is prompted by
the results of fuel system reviews conducted by the manufacturer. We
are proposing this AD to prevent an ignition source for fuel vapor in
the wing, which could result in fire or explosion in the center wing
fuel tank.
DATES: We must receive comments on this proposed AD by August 18, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to
http://dms.dot.gov and follow the instructions for sending your
comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This
docket number is FAA-2005-21861; the directorate identifier for this
docket is 2005-NM-093-AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-21861;
Directorate Identifier 2005-NM-093-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
(DMS) receives them.
Discussion
We have examined the underlying safety issues involved in recent
fuel tank explosions on several large transport airplanes, including
the adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(67 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended
[[Page 41351]]
to define the unsafe conditions associated with fuel tank systems that
require corrective actions. The percentage of operating time during
which fuel tanks are exposed to flammable conditions is one of these
criteria. The other three criteria address the failure types under
evaluation: single failures, single failures in combination with
another latent condition(s), and in-service failure experience. For all
four criteria, the evaluations included consideration of previous
actions taken that may mitigate the need for further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this proposed AD
are necessary to reduce 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.
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified us that an unsafe
condition may exist on certain Airbus Model A320-111 airplanes, and
Model A320-200 series airplanes. The DGAC advises that a design review
showed that the two water scavenge jet pumps of the center fuel tank
and the rear spar in section 21 are not electrically bonded. If a
bonding strip is not installed between each of the scavenge jet pumps
and the rear spar, an ignition source could be provided for fuel vapor
in the wing and cause fire or explosion in the center fuel tank.
Relevant Service Information
Airbus has issued Service Bulletin A320-28-1067, Revision 02, dated
January 27, 1997. The service bulletin describes procedures for
installing a bonding strip between each of the two water scavenge jet
pumps of the center fuel tank and the rear spar in section 21.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DGAC mandated
the service information and issued French airworthiness directive F-
2005-056, dated April 13, 2005, to ensure the continued airworthiness
of these airplanes in France.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions described previously, except as discussed
under ``Difference Between French Airworthiness Directive and This
Proposed AD.''
Difference Between French Airworthiness Directive and This Proposed AD
The applicability of French Airworthiness Directive F-2005-056
excludes airplanes on which Airbus Service Bulletin A320-28-1067,
Revision 02, has been accomplished in service. However, we have not
excluded those airplanes in the applicability of this proposed AD;
rather, this proposed AD includes a requirement to accomplish the
actions specified in that service bulletin. This requirement would
ensure that the actions specified in the service bulletin and required
by this proposed AD are accomplished on all affected airplanes.
Operators must continue to operate the airplane in the configuration
required by this proposed AD unless an alternative method of compliance
is approved.
Costs of Compliance
This proposed AD would affect about 371 airplanes of U.S. registry.
The proposed actions would take about 1 work hour per airplane, at an
average labor rate of $65 per work hour. Required parts would be
supplied by the manufacturer at no charge. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $24,115, or $65
per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
[[Page 41352]]
Airbus: Docket No. FAA-2005-21861; Directorate Identifier 2005-NM-
093-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by August 18, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A320-111, -211, -212, -214,
-231, -232, and -233 airplanes, certificated in any category; except
those airplanes on which Airbus Modification 25513 has been
accomplished in production.
Unsafe Condition
(d) This AD was prompted by the results of fuel system reviews
conducted by the manufacturer. We are issuing this AD to prevent an
ignition source for fuel vapor in the wing, which could result in
fire or explosion in the adjacent wing fuel tank.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Installation of Bonding Strips
(f) Within 56 months after the effective date of this AD,
install a bonding strip between each of the two water scavenge jet
pumps of the center fuel tank and the rear spar in section 21, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-28-1067, Revision 02, dated January 27, 1997.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(h) French airworthiness directive F-2005-056, dated April 13,
2005, also addresses the subject of this AD.
Issued in Renton, Washington, on July 22, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-14171 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-13-P