Examining the Docket
You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 647-5527) is located on the ground floor of the West Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A319-100 and Model A320-200 series airplanes. That supplemental NPRM was published in the Federal Register on March 29, 2007 (72 FR 14715). That supplemental 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. That supplemental NPRM also proposed to mandate modification of the fuel strainers at the fuel pump and suction bypass intakes.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments received.
Request To Add Revised Service Information
Air Transport Association (ATA), on behalf of US Airways, asks that we update the service bulletin reference for the modification specified in paragraph (j) of the supplemental NPRM to Revision 01 of Airbus Service Bulletin A320-28-1149, dated October 9, 2006.
We agree with the request. Airbus has issued Service Bulletin A320- 28-1149, Revision 01, dated October 9, 2006. We referred to the original issue of the service bulletin, dated June 14, 2006, as the appropriate source of service information for accomplishing the modification. The procedures in Revision 01 are essentially the same as those in the original issue; however, the procedures in Revision 01 add certain clarifications, and the work hours for accomplishingthe modification have been increased. We have changed paragraph (j) of this AD to refer to Revision 01 of the service bulletin, added a new paragraph (k) to this AD to give credit for the original issue of the service bulletin, and re-identified subsequent paragraphs accordingly.
Request To Change Applicability/Add Revised Service Information
Airbus asks that we change the applicability specified in paragraph (c) of the supplemental NPRM. Airbus states that the applicability refers to Airbus Service Bulletins A320-28-1102, Revision 02, dated July 10, 2006; and A320-57-1117, Revision 02, dated March 13, 2006. Airbus notes that the service bulletins are being revised to remove manufacturer's serial numbers (MSNs) 1083, 1310, 1314, and 1360, because Airbus has confirmed that labels were never installed on these airplanes. Airbus also notes that European Aviation Safety Agency (EASA) airworthiness directive 2006-0236, also referred to in the supplemental NPRM, has been revised toremove the MSNs; however, due to an administrative error, MSN 1083 remains in the compliance section of the EASA airworthiness directive. In conclusion, Airbus asks that the applicability section be updated to reflect these changes.
We agree to change the applicability specified in paragraph (c) of this AD to exclude airplanes having MSNs 1083, 1310, 1314, and 1360. However, since the referenced service bulletins have not yet been revised to remove these airplanes, we will retain the reference to Revision 2 of the service bulletin in paragraph (c) as well as paragraph (f) of this AD, which is repetitive inspections and corrective actions of the four wing-tank fuel pumps and canisters.
Request To Change Costs of Compliance Section
Northwest Airlines (NWA) states that it is in the process of implementing the modification of the fuel pump strainers specified in Service Bulletin A320-28-1149. NWA adds that its work-hour estimate is 54 hours for implementation, after access to the tanks is gained. NWA does not provide a specific request.
We infer that NWA is asking that we increase the number of work hours for accomplishing the modification, as specified in the Costs of Compliance section of the supplemental NPRM. Revision 01 of Service Bulletin A320-28-1149 specifies an increase in the work hours for accomplishing the modification from 20 to 36; therefore, we have changed the work hours in the Costs of Compliance section of this AD to match the work hours specified in the subject service bulletin. However, modification costs will likely vary depending on the operator and the airplane configuration.
Request To Change Repetitive Inspection Requirement
NWA agrees with the 3,000-flight-hour repetitive inspection interval after the initial label removal has been completed. However, NWA has not found any labels in the wing pumps on affected airplanes after the removal procedure has been done. NWA would like the exception "following any wing-tank fuel pump failure'' removed from the repetitive inspection requirement specified in paragraph (g)(2) of the supplemental NPRM to simplify the continued inspections.
We do not agree with the NWA request. Accomplishment of the label removal procedure does not completely remove the risk of detached labels getting into the fuel system, since some of the labels are not accessible during the label removal procedure. The FAA-approved Master Minimum Equipment List prohibits dispatch with one wing-tank fuel pump inoperative on the airplanes affected by the requirements in this AD. Therefore, the fuel pump would have to be repaired before further flight, and inspecting for labels would not impose any additional burden. We have made no change to the AD in this regard.
Conclusion
We have carefully 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. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators to comply with this AD.
Estimated Costs
Action
Work hours
Average labor rate per hour
Parts
Cost per airplane
Number of U.S.-registered airplanes
Fleet cost
Inspection specified in Service Bulletin A320-28-1102
3
$80
$0
$240, per inspection cycle
70
$16,800, per inspection cycle
Inspection specified in Service Bulletin A320-57-1117
20
$80
$0
$1,600, per inspection cycle
70
$112,000, per inspection cycle
Modification specified in Service Bulletin A320-28-1149, Revision 01
36
$80
$0
$2,880
70
$201,600
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 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 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):