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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2007-27011; Directorate Identifier 2006-NM-175-AD; Amendment 39-15722; AD 2008-23-01]

RIN ID: RIN 2120-AA64

NOTICE: RULES

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes

DATES: This AD becomes effective December 19, 2008.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 19, 2008.

On July 3, 2006 (71 FR 34814, June 16, 2006), the Director of the Federal Register approved the incorporation by reference of a certain other publication.

DOCUMENT SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A318, A319, A320, and A321 airplanes. That AD currently requires inspecting to determine the part number and serial number of the fuel tank boost pumps and, for airplanes with affected pumps, revising the airplane flight manual (AFM) and the FAAapproved maintenance program. The existing AD also provides for optional terminating action for compliance with the revisions to the AFM and the maintenance program. This new AD requires modifying or replacing the fuel tank boost pumps, which would terminate the AFM limitations and the maintenance program revisions. This AD results from a report that a fuel tank boost pump failed in service, due to a detached screw of the boost pump housing that created a short circuit between the stator and rotor of the boost pump motor and tripped a circuit breaker. We are issuing this AD to prevent electrical arcing in the fuel tank boost pump motor, which, in the presence of a combustible airfuel mixture in the pump, could result in an explosion and loss of the airplane.

SUMMARY: Airbus Model A318, A319, A320, and A321 Airplanes,

SUPPLEMENTAL INFORMATION

The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 20061202, amendment 3914626 (71 FR 34814, June 16, 2006). The existing AD applies to all Airbus Model A318, A319, A320, and A321 airplanes. That supplemental NPRM was published in the Federal Register on March 13, 2008 (73 FR 13507). That supplemental NPRM proposed to supersede an existing AD that currently requires inspecting to determine the part number and serial number of the fuel tank boost pumps and, for airplanes with affected pumps, revising the airplane flight manual (AFM) and the FAAapproved maintenance program. The existing AD also provides for optional terminating action for compliance with the revisions to the AFM and the maintenance program. That supplemental NPRM proposed to require modifying or replacing the fuel tank boost pumps, which would terminate the AFM limitations and the maintenance program revisions. That supplemental NPRM proposed to exclude certain modified airplanes from the applicability, require the AFM/maintenance program revisions on
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additional airplanes, and require modification or replacement of additional fuel tank boost pumps.

Comments

We provided the public the opportunity to participate in the development of this AD. We have considered the comments received on the supplemental NPRM.

Request To Remove Paragraph (k) of the Supplemental NPRM

Airbus states a concern that we have introduced Airbus Modification 36734/Mandatory Service Bulletin A320281153, dated May 5, 2006, as terminating action to the AD. Airbus recognizes that this modification and associated service bulletin were terminating action for AD 200612 02, however Airbus points out that any modified pump installed according to either Airbus Modification 36734 or Airbus Mandatory Service Bulletin A320281153 is twoway interchangeable with an affected pump having a part number ending in 005, 002, or 001. Airbus points out that Airbus Modification 37508 and Airbus Mandatory Service Bulletin A320281159, dated January 8, 2007, are the only means to ensure that no affected pumps are on the airplanes. Further, Airbus states that operators that do not use Airbus Mandatory Service Bulletin A320281159 will not be allowed to update their AFMs.

From these statements, we infer that Airbus is requesting that we remove paragraph (k) of the supplemental NPRM, which provides credit for actions done using Airbus Mandatory Service Bulletin A320281153, and that we remove reference to Airbus Modification 36734 from the applicability statement of the supplemental NPRM. We do not agree. This AD requires accomplishment of Airbus Mandatory Service Bulletin A320 281159, which, as Airbus points out, allows operators to remove the TR from the AFM. We have determined that any affected fuel pump modified in accordance with the actions specified in Airbus Mandatory Service Bulletin A320281153 (Modification 36734) will be the same as any affected fuel pump modified in accordance with Airbus Mandatory Service Bulletin A320281159. Therefore, paragraph (k) of this AD merely provides credit to operators that have previously modified an affected fuel pump before the effective date of this AD using Airbus Mandatory Service Bulletin A320281153 for that pump only. While we understand Airbus' concern that the modified pumps may be interchanged with unmodified pumps, we note that paragraph (j) of this AD allows removal of the AFM TR only if all pumps have been replaced or modified. Therefore, we have made no change to this AD in this regard. Request To Refer to Latest Temporary Revision (TR)

Airbus notes that Airbus TR 4.03.00/28, Issue 02, dated May 18, 2007, to the Airbus A318/319/320/321 AFM has replaced Airbus TR 4.03.00/28, dated May 4, 2006. From this statement, we infer that Airbus requests that we revise this AD to refer to Airbus TR 4.03.00/ 28, Issue 02. Because Airbus TR 4.03.00/28, Issue 02, is already referred to in paragraph (g)(2) of this AD, we do not agree that any change to the AD is necessary in this regard.

Request To Remove Certain Fuel Boost Pumps

Air Transport Association (ATA), on behalf of one of its members, Northwest Airlines (NWA), states that the proposed actions should not apply to fuel boost pumps below serial number (S/N) 6137 and that no operating restrictions should be placed on airplanes with those pumps. NWA states that there have been no definitive findings of missing or loose fasteners on pumps below S/N 6137. NWA further asserts that the fuel boost pump vendor, Eaton, has indicated the cause of the unsecured nuts was errors made by a robotic tool used during assembly, which was not used prior to S/N 6137 and not used on any older pump part numbers.

From these statements, we infer that the commenters request that we remove fuel boost pumps having S/N below S/N 6137 from the requirements of this AD. We do not agree. While it is true that there have not been any confirmed loose or missing fasteners found on the 001, 002, or 005 Eaton fuel boost pump with a serial number below S/N 6137, these pumps are vulnerable to the same unsafe condition. We, along with Airbus and the European Aviation Safety Agency (EASA), have determined that all of the subject fuel boost pumps might have had inadequate torque applied to the screws during assembly, whether handdriven (below S/N 6137) or roboticdriven (above S/N 6137). Therefore, the operational restriction must be applied to all airplanes with the affected Eaton fuel boost pumps installed until the fuel boost pumps are modified in accordance with the AD. We have made no change to the AD in this regard.

Conclusion

We have carefully reviewed the available data, including the comments received on the supplemental NPRM, and determined that air safety and the public interest require adopting the AD as proposed in the supplemental NPRM.

Costs of Compliance

The following table provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs Average labor Cost per Number of U.S. Action Work hours rate per hour Parts airplane registered airplanes Fleet cost Identification of boost pumps...... 1 $80 None................. $80 670.................. $53,600. Revisions to AFM and maintenance 1 80 None................. 80 Up to 670............ Up to $53,600. program.
Modifications...................... 3 80 Eaton states that 240 Up to 670............ Up to $160,800. pumps will qualify for free repair. 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,
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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 this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866;
(2) Is not a ``significant rule'' under 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. 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
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39AIRWORTHINESS 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 removing amendment 3914626 (71 FR 34814, June 16, 2006) and by adding the following new AD:
20082301 Airbus: Amendment 3915722. Docket No. FAA200727011; Directorate Identifier 2006NM175AD.
Effective Date
(a) This AD becomes effective December 19, 2008.
Affected ADs
(b) This AD supersedes AD 20061202.
Applicability
(c) This AD applies to Airbus Model A318, A319, A320, and A321 airplanes, certificated in any category, except those airplanes on which Airbus Modification 36734 or 37508 has been incorporated in production.
Unsafe Condition
(d) This AD results from a report that a fuel tank boost pump failed in service, due to a detached screw of the boost pump housing that created a short circuit between the stator and rotor of the boost pump motor and tripped a circuit breaker. We are issuing this AD to prevent electrical arcing in the fuel tank boost pump motor, which, in the presence of a combustible airfuel mixture in the pump, could result in an explosion and 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 Certain Requirements of AD 20061202
Part and Serial Number Inspection
(f) Within 10 days after July 3, 2006 (the effective date of AD 20061202), inspect to determine the part number (P/N) and serial number (S/N) of each fuel tank boost pump installed in the wing and center fuel tanks. A review of maintenance records may be performed instead of the required inspection if the P/N and S/N of the fuel boost pump can be conclusively determined from that review. Airbus Mandatory Service Bulletin A320281152, dated May 5, 2006; or Revision 01, dated July 17, 2006; is acceptable for complying with the requirements of this paragraph.
Revisions to Airplane Flight Manual (AFM)/Maintenance Program P/N 568127202005 With S/Ns 6137 and Subsequent
(g) For airplanes equipped with one or more Eaton Aerospace Limited (formerly FRHITEMP Limited) fuel boost pumps, having P/N 568127202005 with S/N 6137 and subsequent: Prior to further flight after accomplishing the inspection required by paragraph (f) of this AD, do the actions specified in paragraphs (g)(1) and (g)(2), as applicable of this AD, until the modifications/
replacements required by paragraph (j) of this AD have been done. (1) Revise the Limitations section of the Airbus A318/319/320/ 321 AFM (``the AFM'') and the FAAapproved maintenance program by incorporating the following. This may be accomplished by inserting copies of this AD into the AFM and the maintenance program. ``Apply the following procedure at each fuel loading:

Refueling:

Before refueling, all pumps must be turned off, in order to prevent them from automatically starting during the refueling process.

Ground fuel transfer:

For all aircraft, do not start a fuel transfer from any wing tank, if it contains less than 700 kg (1,550 lb) of fuel.

For A318, A319, and A320 aircraft with a center tank, do not start a fuel transfer from the center tank, if it contains less than 2,000 kg (4,500 lb) of fuel.

If a tank has less than the required quantity, it is necessary to add fuel (via a transfer from another tank or refueling) to enable a transfer to take place.

Defueling:

For all aircraft, when defueling the wings, do not start the fuel pumps if the fuel quantity in the inner tank (wing tank for A321) is below 700 kg (1,550 lb). If the fuel on the aircraft is not sufficient to achieve the required fuel distribution, then transfer fuel or refuel the aircraft to obtain the required fuel quantity in the wing tank.

For A318, A319, and A320 aircraft with a center tank, when performing a pressure defuel of the center tank, make sure that the center tank contains at least 2,000 kg (4,500 lb) of fuel. If it has less than the required quantity, then transfer fuel to the center tank. Defuel the aircraft normally, and turn OFF the center tank pumps immediately after the FAULT light on the corresponding pushbuttonswitch comes on.''
(2) For all airplanes equipped with a center tank (Modification 20024) excluding A321 models, revise the Limitations section of the Airbus A318/319/320/321 AFM (``the AFM'') to incorporate the changes specified in Airbus Temporary Revision (TR) 4.03.00/28, dated May 4, 2006; or 4.03.00/28, Issue 02, dated May 18, 2007. This may be accomplished by inserting a copy of the TR into the AFM. When general revisions of the AFM have been issued that incorporate the revisions specified in the TR, the copy of the TR may be removed from the AFM, provided the relevant information in the general revision is identical to that in TR 4.03.00/28, dated May 4, 2006; or 4.03.00/28, Issue 02, dated May 18, 2007.
New Requirements of This AD
Part and Serial Number Inspection
(h) For all airplanes: Within 10 days after the effective date of this AD, inspect to determine the type and part number of each fuel tank boost pump installed in the wing and center fuel tanks. A review of maintenance records may be performed instead of the required inspection if the part number and serial number of the fuel boost pump can be conclusively determined from that review. Airbus Mandatory Service Bulletin A320281159, dated January 8, 2007, is acceptable for complying with the requirements of this paragraph. Revisions to AFM/Maintenance Program: P/Ns 568127202001 and 002; and P/N 568127202005 With S/Ns Below 6137
(i) For airplanes equipped with one or more Eaton Aerospace Limited (formerly FR
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HITEMP Limited) fuel boost pumps, having P/N 568127202001 or 568 127202002; or P/N 568127202005 with any serial number below 6137: Before further flight after accomplishing the inspection required by paragraph (h) of this AD, do the actions specified in paragraphs (g)(1) and (g)(2) of this AD, as applicable, until the modifications/replacements required by paragraph (j) of this AD have been done.
Terminating Action
(j) For airplanes equipped with one or more Eaton Aerospace Limited (formerly FRHITEMP Limited) fuel boost pumps, having P/N 568127202001, 002, or 005: Within 5,000 flight hours or 18 months, whichever occurs first after the effective date of this AD, modify or replace affected fuel boost pumps in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A320281159, dated January 8, 2007. Modification or replacement of all affected fuel tank boost pumps on an airplane terminates the requirements of this AD, and the limitations required by paragraph (g) of this AD may be removed from the Airbus A318/319/320/321 AFM and the maintenance program for that airplane.

Note 1: For additional sources of service information for the fuel pump modification/replacement, Airbus Mandatory Service Bulletin A320281159, dated January 8, 2007, refers to EATON Service Bulletin 84102805, dated October 2, 2006.
Credit for Actions Done Using Alternative Service Information (k) Modification of a fuel pump before the effective date of this AD in accordance with Airbus Mandatory Service Bulletin A320 281153, dated May 5, 2006, is acceptable for compliance with the corresponding requirements of paragraph (j) of this AD, for that pump only.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM116, Transport Airplane Directorate, FAA, ATTN: Tim Dulin, Aerospace Engineer, International Branch, ANM116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 980573356; telephone (425) 2272141; fax (425) 2271149; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3) AMOCs approved previously in accordance with AD 20061202 are approved as AMOCs for the corresponding provisions of this AD. Related Information
(m) European Aviation Safety Agency airworthiness directive 20070218, dated August 10, 2007, also addresses the subject of this AD.
Material Incorporated by Reference
(n) You must use the service information specified in Table 1 of this AD to perform the actions that are required by this AD, as applicable, unless the AD specifies otherwise.
Table 1All Material Incorporated by Reference Service information Revision/issue level Date Airbus Mandatory Service Bulletin Original............................. May 5, 2006. A320281152, including Appendix
01.
Airbus Mandatory Service Bulletin Revision 01.......................... July 17, 2006. A320281152, including Appendix
01.
Airbus Mandatory Service Bulletin Original............................. January 8, 2007. A320281159.
Airbus Temporary Revision 4.03.00/ Original............................. May 4, 2006. 28.
Airbus Temporary Revision 4.03.00/ Issue 02............................. May 18, 2007. 28 to the Airbus A318/319/320/321
Airplane Flight Manual.
(1) The Director of the Federal Register approved the
incorporation by reference of the documents specified in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Table 2New Material Incorporated by Reference Service information Revision/issue level Date Airbus Mandatory Service Bulletin Original............................. May 5, 2006. A320281152, including Appendix
01.
Airbus Mandatory Service Bulletin Revision 01.......................... July 17, 2006. A320281152, including Appendix
01.
Airbus Mandatory Service Bulletin Original............................. January 8, 2007. A320281159.
Airbus Temporary Revision 4.03.00/ Issue 02............................. May 18, 2007. 28 to the Airbus A318/319/320/321
Airplane Flight Manual.
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(2) On July 3, 2006 (71 FR 34814, June 16, 2006), the Director of the Federal Register previously approved the incorporation by reference of Airbus Temporary Revision 4.03.00/28, dated May 4, 2006.
(3) Contact Airbus, Airworthiness OfficeEAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; fax +33 5 61 93 44 51; email: account.airwortheas@airbus.com; Internet http:// www.airbus.com, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 2027416030, or go to: http:// www.archives.gov/federal_register/code_of_federal_regulations/ ibr_locations.html.

Issued in Renton, Washington, on October 24, 2008. Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. E825997 Filed 111308; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Tim Dulin, Aerospace Engineer, International Branch, ANM116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 980573356; telephone (425) 2272141; fax (425) 2271149.