[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14715-14718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5666]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22918; Directorate Identifier 2005-NM-172-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A319-100 and A320-200
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to certain Airbus Model A319-100 and A320-
200 series airplanes. The original NPRM would have required repetitive
inspections of the wing-tank fuel pumps, canisters, and wing fuel tanks
for detached identification labels, and corrective action if necessary.
The original NPRM resulted from several incidents of detached plastic
identification labels found floating in the wing fuel tanks. This
action revises the original NPRM by expanding the applicability and
mandating modification of the fuel strainers at the fuel pump and
suction bypass intakes. We are proposing this supplemental NPRM to
prevent plastic identification labels being ingested into the fuel
pumps and consequently entering the engine fuel feed system, which
could result in an engine shutdown.
DATES: We must receive comments on this supplemental NPRM by April 23,
2007.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
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.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2005-22918; Directorate Identifier 2005-NM-172-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, 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 supplemental NPRM. Using the search function
of that 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may 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 in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to certain Airbus Model A319-100 and
A320-200 series airplanes. The original NPRM was published in the
Federal Register on November 10, 2005 (70 FR 68379). The original NPRM
proposed to require repetitive inspections of the wing-tank fuel pumps,
canisters, and wing fuel tanks for detached identification labels, and
corrective action if necessary.
Since the original NPRM was issued, the European Aviation Safety
Agency (EASA), which is the Technical Agent for the Member States of
the European Community, superseded French airworthiness directive F-
2005-121, dated July 20, 2005, and issued EASA airworthiness directive
2006-0236, dated August 10, 2006. The French airworthiness directive
was referred to in the original NPRM. The EASA airworthiness directive
expands the applicability and mandates the modification of the fuel
strainers at the fuel pump and suction bypass intakes, which terminates
the repetitive inspections.
Relevant Service Information
Airbus has issued Service Bulletin A320-28-1102, Revision 02,
including Appendix 01, dated July 10, 2006 (Revision 01, dated February
11, 2005, was referred to in the original NPRM as the appropriate
source of service information for accomplishing the repetitive detailed
visual inspections for detached identification labels in the four wing-
tank fuel pumps and canisters). The procedures in Revision 02 are
essentially the same as those in Revision 01; however, Revision 02
revises the accomplishment timescales, updates the effectivity, and
contains editorial changes.
[[Page 14716]]
Airbus has also issued Service Bulletin A320-57-1117, Revision 02,
including Appendix 01, dated March 13, 2006. We referred to the
original issue in the original NPRM as the appropriate source of
service information for accomplishing the repetitive detailed visual
inspections for detached identification labels in the collector cells
between ribs 1 and 2, the surge tank between ribs 22 and 26, and the
wing fuel tank and vent box. Additional work is necessary for airplanes
on which the original issue of the service bulletin was accomplished.
The procedures specified in subsequent revisions of the service
bulletin include removing the labels, marking the fastener data on the
wing structure with black ink on a white background, and restoring the
primer before marking the fastener data on the wing structure. An
additional inspection of work accomplished in accordance with previous
issues of the service bulletin is also necessary. The inspection
involves an adhesion test of the paint applied.
In addition, Airbus has issued Service Bulletin A320-28-1149, dated
June 14, 2006. The service bulletin describes procedures for modifying
the fuel strainers at the fuel pump and suction bypass intakes. The
modification includes, among other things, installing support brackets
for the fuel pump strainers; installing new, improved fuel pump
strainer assemblies; and installing new, improved fuel pump suction
valve strainer assemblies. Accomplishing this modification eliminates
the need for the repetitive inspections specified in Service Bulletin
A320-28-1102. Service Bulletin A320-28-1149 also recommends prior or
concurrent accomplishment of the inspections specified in Service
Bulletin A320-57-1117.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued airworthiness directive 2006-0236,
dated August 10, 2006, to ensure the continued airworthiness of these
airplanes in France.
Comments
We have considered the following comments on the original NPRM.
Request To Change Applicability/Add Revised Service Information
Airbus states that the EASA airworthiness directive corrects the
applicability specified therein (and identified in the original NPRM).
Airbus adds that the service bulletins have also been revised to list
new manufacturer serial numbers (MSNs) in the applicability, including
two U.S. MSNs.
We infer that Airbus wants us to change the applicability in the
original NPRM and add the revised service information. We agree to
change the applicability in this supplemental NPRM to correspond with
the EASA airworthiness directive specified in the Discussion section
above, and to add the revised Airbus service bulletins specified in the
Relevant Service Information section above. Therefore, we have changed
paragraphs (c), (f), (g), and (i) of this supplemental NPRM
accordingly.
Requests To Extend Repetitive Inspection Interval or Remove Repetitive
Inspections Specified in Paragraph (f) of the Original NPRM
The Air Transport Association (ATA), on behalf of two of its
members, Northwest Airlines and America West Airlines, states that the
intent of the 600-flight-hour repetitive inspections for detached
identification labels in the four wing-tank fuel pumps and canisters is
already being addressed per the current master minimum equipment list
(MMEL) requirements, and would be superfluous and ineffective. America
West asks that the one-pump restriction per MMEL 28-21-01 be removed on
airplanes identified in Service Bulletin A320-28-1102. America West
states that the pumps will be inspected at sufficient intervals to
provide an acceptable level of assurance that the remaining pump is not
clogged with labels.
Northwest Airlines states that accomplishing the noted service
bulletins and the current MMEL makes the inspection requirement
unnecessary. Northwest Airlines adds that this is for two main reasons:
First, the only remaining labels will be located in the vent box, and
thus not normally immersed in fuel; therefore, it would be improbable
that the labels would detach; second, per the MMEL, a wing tank fuel
pump cannot be placed on the MEL if a ``Fuel Tank LO PR'' warning is
displayed on the electronic centralized aircraft monitor. If this
warning is displayed, the airplane is grounded pending a full
inspection of the affected fuel system components.
America West states that the 600-flight-hour repeat interval is not
warranted due to the actions taken. America West previously
accomplished the inspection of the fuel pumps and canisters specified
in Airbus Service Bulletin A320-28-1102, Revision 01. America West adds
that it also previously accomplished the inspection of the fuel tank
and vent box specified in Airbus Service Bulletin A320-57-1117. America
West finds that these actions adequately removed all the labels and it
has been over two years since the inspection was accomplished and no
labels have been found in the fuel tanks or pumps during that
timeframe. America West is concerned that repeating the inspection
every 600 flight hours would result in excessive removals of the pumps,
which could lead to additional maintenance issues and possible safety
issues, such as damage to the pump and/or fuel leaks. America West asks
that the repetitive interval be extended to a C-check.
America West also notes that it does not agree with the definition
of a detailed inspection specified in the original NPRM. America West
explains that the definition would be interpreted as a requirement to
have the component torn down in a shop environment, and adds that
experience has shown that the pump can have an adequate inspection at
the airplane and the canisters can be inspected without removal from
the airplane.
We partially agree. We do not agree to remove the repetitive
inspections required by paragraph (f) of this supplemental NPRM;
however, we do agree to extend the repetitive interval for certain
airplanes. We have changed paragraph (g) of this supplemental NPRM to
require repeating the inspection at intervals not to exceed 600 flight
hours for airplanes on which the actions specified in Airbus Service
Bulletin A320-57-1117, Revision 02, dated March 13, 2006, have not been
done; or at intervals not to exceed 3,000 flight hours for airplanes on
which those actions have been done. This supplemental NPRM would also
require repeating the inspection before the next flight following any
wing-tank fuel pump failure. This change coincides with the repetitive
inspection interval required by the EASA airworthiness directive. In
addition, we do not agree to remove the one-pump restriction per MMEL
28-21-01, as this reinforces maintaining safe flight of the airplane
following any wing-tank fuel pump failure.
Request To Use Alternate Marking Procedure
ATA, on behalf of its member U.S. Airways, states that the repair
procedure in Appendix 01 of Service Bulletin A320-57-1117 requests
operators to apply varnish over the white painted area on which panel
fastener information is written using indelible ink. U.S. Airways adds
that it found that if a marker is used to re-identify the fastener
information, as soon as the
[[Page 14717]]
recommended varnish is applied, the information gets smudged and
smeared and is no longer legible. U.S. Airways used black paint MPN
8000B00701CAQBTX instead of the recommended marker, and after the
varnish is applied there is no smudging or smearing. U.S. Airways asks
that the supplemental NPRM include approval to use this black paint (or
equivalent) in lieu of Eddings 8404.
We do not agree to change the supplemental NPRM to specify
alternative marking methods. Revision 02 of Service Bulletin A320-57-
1117 includes a note specifying that the varnish be applied with a
single brush stroke, as subsequent brush strokes may cause damage to
the lettering. However, if operators continue to have problems with the
marking they may request an alternative method of compliance to obtain
approval for using the black paint, in accordance with the procedures
specified in paragraph (l) of this supplemental NPRM. We have made no
change to the supplemental NPRM in this regard.
Request To Change Work Hours
US Airways states that the Costs of Compliance section in the
original NPRM specifies 3 work hours (including an operational test)
per airplane for the inspection specified in Service Bulletin A320-28-
1102, and 6 work hours (including an operational test) for the
inspection specified in Service Bulletin A320-57-1117. U.S. Airways
notes that the service bulletins referred to in the Costs of Compliance
section actually specify 10 and 47 hours respectively. U.S. Airways
asks that the work hours be changed to specify between 24 and 30 work
hours for accomplishing the inspections.
We do not agree to change the work hours as specified by U.S.
Airways. The cost information describes only the direct costs of the
specific actions required by this AD. Based on the best data available,
the manufacturer provided the number of work hours necessary to do the
required actions. These numbers represent the time necessary to perform
only the actions actually required by this supplemental NPRM. We
recognize that, in doing the actions required by a supplemental NPRM,
operators might incur incidental costs in addition to the direct costs.
The cost analysis in AD rulemaking actions, however, typically does not
include incidental costs such as the time required to gain access and
close up, time necessary for planning, or time necessitated by other
administrative actions. Those incidental costs, which might vary
significantly among operators, are almost impossible to calculate.
However, the work hours specified in Revision 02 of Service Bulletin
A320-57-1117 were revised to include time necessary for additional
procedures. Therefore, we have changed the work hours specified for the
inspections in that service bulletin to 20 work hours. We have made no
further change to this supplemental NPRM regarding this issue.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Difference Between the Supplemental NPRM and EASA Airworthiness
Directive
The EASA airworthiness directive mandates changes to the MMEL. This
supplemental NPRM will not mandate those MMEL changes because the
limits imposed by the FAA-approved MMEL meet or exceed those mandated
by the EASA airworthiness directive. We have coordinated this issue
with the EASA.
Explanation of Change to Costs of Compliance Section
After the original NPRM was issued, we reviewed the figures we have
used over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$65 per work hour to $80 per work hour. The costs of compliance, below,
reflect this increase in the specified hourly labor rate.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this supplemental NPRM.
Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Inspection specified in Service Bulletin 3 $80 $0 $240, per inspection cycle.. 70 $16,800, per inspection
A320-28-1102. cycle.
Inspection specified in Service Bulletin 20 80 0 $1,600, per inspection cycle 70 $112,000, per inspection
A320-57-1117. cycle.
Modification specified in Service 20 80 0 $1,600...................... 70 $112,000.
Bulletin A320-28-1149.
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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
[[Page 14718]]
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 supplemental NPRM and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Airbus: Docket No. FAA-2005-22918; Directorate Identifier 2005-NM-
172-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by April 23,
2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A319-100 and Model A320-
200 series airplanes, certificated in any category, as identified in
Airbus Service Bulletins A320-28-1102, Revision 02, dated July 10,
2006, and A320-57-1117, Revision 02, dated March 13, 2006.
Unsafe Condition
(d) This AD results from several incidents of detached plastic
identification labels found floating in the wing fuel tanks. We are
issuing this AD to prevent plastic identification labels being
ingested into the fuel pumps and consequently entering the engine
fuel feed system, which could result in an engine shutdown.
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.
Repetitive Inspections/Corrective Actions of Four Wing-Tank Fuel Pumps
and Canisters
(f) Perform a detailed inspection for detached identification
labels in the four wing-tank fuel pumps and canisters, and do all
applicable corrective actions, by doing all the actions in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-28-1102, Revision 02, dated July 10, 2006; except as
provided by paragraph (j) of this AD. Do all applicable corrective
actions before further flight. Inspect at the earlier of the
compliance times specified in paragraphs (f)(1) and (f)(2) of this
AD.
(1) Within 600 flight hours after the effective date of this AD.
(2) Before the next flight following any wing-tank fuel pump
failure.
(g) Repeat the inspection required by paragraph (f) of this AD
thereafter at the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD, until accomplishment of paragraph (j) of this AD.
(1) For airplanes on which the inspections required by paragraph
(i) of this AD have not been done: Repeat the inspection at
intervals not to exceed the earlier of the times specified in
paragraphs (g)(1)(i) and (g)(1)(ii) of this AD.
(i) 600 flight hours.
(ii) Before the next flight following any wing-tank fuel pump
failure.
(2) For airplanes on which the inspections required by paragraph
(i) of this AD have been done: Repeat the inspection at intervals
not to exceed the earlier of the times specified in paragraphs
(g)(2)(i) and (g)(2)(ii) of this AD.
(i) 3,000 flight hours.
(ii) Before the next flight following any wing-tank fuel pump
failure.
Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Credit for Actions Accomplished Using Previous Service Information
(h) Inspections and corrective actions accomplished before the
effective date of this AD in accordance with Airbus Service Bulletin
A320-28-1102, dated August 20, 2002; or Revision 01, dated February
11, 2005; are considered acceptable for compliance with the
corresponding actions specified in paragraph (f) of this AD.
Inspection/Corrective Actions of the Collector Cells, Surge Tank, Wing
Fuel Tank and Vent Box
(i) Within 60 months after the effective date of this AD:
Perform a detailed inspection for detached identification labels in
the collector cells between ribs 1 and 2, the surge tank between
ribs 22 and 26, and the wing fuel tank and vent box, and do any
applicable corrective actions, by doing all the applicable actions
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-57-1117, Revision 02, including Appendix 01, dated
March 13, 2006. Do any applicable corrective action before further
flight.
Modification
(j) Before the accumulation of 162 months since first flight of
the airplane, or within 6 months after the effective date of this
AD, whichever is later: Modify the fuel strainers at the fuel pump
and suction bypass intakes by doing all the actions in accordance
with Airbus Service Bulletin A320-28-1149, dated June 14, 2006.
Accomplishment of the modification in this paragraph ends the
repetitive inspections required by paragraph (g) of this AD.
No Reporting Required
(k) Although Airbus Service Bulletin A320-28-1102, Revision 02,
dated July 10, 2006, specifies submitting an inspection report to
the manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(l)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(m) European Aviation Safety Agency airworthiness directive
2006-0236, dated August 10, 2006, also addresses the subject of this
AD.
Issued in Renton, Washington, on March 20, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-5666 Filed 3-28-07; 8:45 am]
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