AD Amdt-39-16097

[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62219-62222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-28159]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1073; Directorate Identifier 2009-NM-174-AD; 
Amendment 39-16097; AD 2007-15-06 R1]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-111 and -112 Series 
Airplanes, and Model A319, A320, and A321 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all Airbus Model A318-111 and -112 series airplanes, 
and all Model A319, A320, and A321 series airplanes. That AD currently 
requires revising the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness to incorporate new limitations 
for fuel tank systems. This AD clarifies the intended effect of the AD 
on spare and on-airplane fuel tank system components. This AD results 
from fuel system reviews conducted by the manufacturer. 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 a 
fuel tank explosion and consequent loss of the airplane.

DATES: This AD is effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 14, 
2009.
    On August 28, 2007 (72 FR 40222, July 24, 2007), the Director of 
the Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.
    We must receive any comments on this AD by January 11, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus, 
Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-
mail: <a href="/cdn-cgi/l/email-protection#1e7f7d7d716b706a307f776c69716c6a76337b7f6d5e7f776c7c6b6d307d7173"><span class="__cf_email__" data-cfemail="177674747862796339767e65607865637f3a72766457767e657562643974787a">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,

[[Page 62220]]

International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    On July 13, 2007, we issued AD 2007-15-06, Amendment 39-15135 (72 
FR 40222, July 24, 2007). That AD applied to all Airbus Model A318-111 
and -112 series airplanes, and all A319, A320, and A321 series 
airplanes. That AD required revising the Airworthiness Limitations 
section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected 
by the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2007-15-06 cites Airbus A318/A319/A320/A321 Fuel Airworthiness 
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005; 
and Airbus A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness 
Limitations, dated February 28, 2006. Since we issued that AD, Airbus 
has revised the referenced service information and issued Airbus A318/
A319/A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05, 
Issue 2, dated July 8, 2008. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This AD

    The affected product(s) have been approved by the aviation 
authority of another country, and are approved for operation in the 
United States. We are issuing this AD because we evaluated all 
pertinent information and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
This new AD retains the requirements of the existing AD, and adds a new 
note to clarify the intended effect of the AD on spare and on-airplane 
fuel tank system components.

Costs of Compliance

    Based on the service information, we estimate that this AD would 
affect about 720 products of U.S. registry. We also estimate that it 
would take about 2 work-hours per product to comply with the basic 
requirements of this AD. The average labor rate is $80 per work-hour. 
Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $115,200, or $160 per product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1073; Directorate Identifier 2009-NM-174-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 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 the 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 AD and placed it in the AD docket.

[[Page 62221]]

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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 
39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15135 (72 FR 
40222, July 24, 2007) and adding the following new AD:

2007-15-06 R1 Airbus: Amendment 39-16097. Docket No. FAA-2009-1073; 
Directorate Identifier 2009-NM-174-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 14, 
2009.

Affected ADs

    (b) This AD revises AD 2007-15-06, Amendment 39-15135.

Applicability

    (c) This AD applies to all Airbus Model A318-111 and -112 
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections and critical design 
configuration control limitations (CDCCLs). Compliance with the 
operator maintenance documents is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by these inspections and CDCCLs, the operator 
may not be able to accomplish inspections and CDCCLs described in 
the revisions. In this situation, to comply with 14 CFR 91.403(c), 
the operator must request approval for an alternative method of 
compliance according to paragraph (i) of this AD. The request should 
include a description of changes to the required inspections and 
CDCCLs that will preserve the critical ignition source prevention 
feature of the affected fuel system.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. 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 a fuel tank explosion and 
consequent loss of the airplane.

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.

Restatement of AD 2007-15-06, With Revised Service Information

Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel

Maintenance and Inspection Tasks

    (f) Within 3 months after August 28, 2007 (the effective date of 
AD 2007-15-06), revise the ALS of the Instructions for Continued 
Airworthiness to incorporate Airbus A318/A319/A320/A321 ALS Part 5--
Fuel Airworthiness Limitations, dated February 28, 2006, as defined 
in Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, 
Document 95A.1931/05, Issue 1, dated December 19, 2005 (approved by 
the European Aviation Safety Agency (EASA) on March 14, 2006), 
Section 1, ``Maintenance/Inspection Tasks;'' or Airbus A318/A319/
A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05, 
Issue 2, dated July 8, 2008 (approved by the EASA on December 19, 
2008), Section 1, ``Maintenance/Inspection Tasks.'' For all tasks 
identified in Section 1 of Document 95A.1931/05, the initial 
compliance times start from August 28, 2007, and the repetitive 
inspections must be accomplished thereafter at the intervals 
specified in Section 1 of Document 95A.1931/05.

    Note 2:  Airbus Operator Information Telex (OIT) SE 999.0076/06, 
dated June 20, 2006, identifies the applicable sections of the 
Airbus A318/A319/A320/A321 Airplane Maintenance Manual necessary for 
accomplishing the tasks specified in Section 1 of Document 95A.1931/
05.

Revise ALS To Incorporate CDCCLs

    (g) Within 12 months after August 28, 2007, revise the ALS of 
the Instructions for Continued Airworthiness to incorporate Airbus 
A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness Limitations, 
dated February 28, 2006, as defined in Airbus A318/A319/A320/A321 
Fuel Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated 
December 19, 2005 (approved by the EASA on March 14, 2006), Section 
2, ``Critical Design Configuration Control Limitations;'' or Airbus 
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 
95A.1931/05, Issue 2, dated July 8, 2008 (approved by EASA on 
December 19, 2008), Section 2, ``Critical Design Configuration 
Control Limitations.''

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (h) Except as provided by paragraph (i) of this AD: After 
accomplishing the actions specified in paragraphs (f) and (g) of 
this AD, no alternative inspections, inspection intervals, or CDCCLs 
may be used.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraphs (f) and (g) of this AD, do not need to be 
reworked in accordance with the CDCCLs. However, once the ALS has 
been revised, future maintenance actions on these components must be 
done in accordance with the CDCCLs.

Other FAA AD Provisions

    (i) 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. Send information to ATTN: Tim 
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (j) EASA Airworthiness Directive 2006-0203, dated July 11, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Airbus A318/A319/A320/A321 Fuel Airworthiness 
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005; 
Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, Document 
95A.1931/05, Issue 2, dated July 8, 2008; and Airbus A319/A319/A320/
A321 ALS Part 5--Fuel Airworthiness Limitations, dated February 28, 
2006; as applicable; to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Airbus A318/A319/A320/A321 Fuel

[[Page 62222]]

Airworthiness Limitations, Document 95A.1931/05, Issue 2, dated July 
8, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Airbus A318/A319/A320/A321 Fuel 
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated 
December 19, 2005; and Airbus A319/A319/A320/A321 ALS Part 5--Fuel 
Airworthiness Limitations, dated February 28, 2006; on August 28, 
2007 (72 FR 40222, July 24, 2007).
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; e-mail: <a href="/cdn-cgi/l/email-protection#69080a0a061c071d4708001b1e061b1d01440c081a2908001b0b1c1a470a0604"><span class="__cf_email__" data-cfemail="2a4b4949455f445e044b43585d45585e42074f4b596a4b4358485f5904494547">[email&#160;protected]</span></a>; Internet 
<a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on November 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28159 Filed 11-25-09; 8:45 am]
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