[Federal Register: March 16, 2005 (Volume 70, Number 50)] [Proposed Rules] [Page 12816-12819] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16mr05-18] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-20625; Directorate Identifier 2003-NM-148-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600); and Model A310 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 airplanes, as specified above. This proposed AD would require modifying the electrical bonding points of additional center tanks. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent electrical arcing inside the fuel tank, due to insufficient bonding, which could result in the ignition of fuel vapors with a potential risk of explosion of the fuel tank. DATES: We must receive comments on this proposed AD by April 15, 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 [[Page 12817]] of Transportation, 400 Seventh Street, SW., room PL-401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA-2005-20625; the directorate identifier for this docket is 2003-NM- 148-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-2005-20625; Directorate Identifier 2003-NM-148-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 DMS receives them. Discussion The FAA has 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 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 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 A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600); and Model A310 series airplanes. The DGAC advises that review of the bonding methods for various components of additional center tanks (ACT) installed in the cargo compartment has shown that the effectiveness of the grounds must be improved. In certain specific flight conditions (such as an airplane lightning strike or the accumulation of static charges), insufficient bonding could lead to electrical arcing inside the fuel tank. This condition, if not prevented, could result in the ignition of fuel vapors with a potential risk of explosion of the fuel tank. Relevant Service Information Airbus has issued Service Bulletin A300-28-6060 (for Model A300-600 airplanes), dated December 7, 1999; and Service Bulletin A310-28-2137 (for Model A310 series airplanes), Revision 02, dated April 7, 2003. The service bulletins describe procedures for modifying the electrical bonding points of the ACT(s). The modification includes the following actions: In the manhole cover areas of the ACT, cleaning the contact zones of the bonding points on the studs and bracket, and on bonding contact zones of the inner and outer manhole covers with a certain cleaning agent. Modifying/cleaning and reidentifying certain parts, and preparing and bonding certain areas before pipework installation. Modifying certain equipment; doing an in-situ modification of the water drain valves; and preparing and bonding certain areas before equipment installation. For Model A310 series airplanes, installing the additional bonding lead between the flanges of the fuel and vent pipes. Reidentifying the ACT. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the [[Page 12818]] service information and issued French airworthiness directive 2003- 161(B), dated April 30, 2003, 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 Sec. 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 specified in the service information described previously, except as discussed under ``Difference Between the Proposed AD and French Airworthiness Directive.'' Difference Between the Proposed AD and French Airworthiness Directive The applicability of French airworthiness directive 2003-161(B) excludes airplanes on which Airbus Service Bulletin A300-28-6060 and A310-28-2137 were 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 those service bulletins, as applicable. This requirement would ensure that the actions specified in the applicable 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 2 airplanes of U.S. registry. The proposed actions would take about 48 work hours per airplane, at an average labor rate of $65 per work hour. Required parts would cost about $470 per airplane. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $7,180, or $3,590 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): Airbus: Docket No. FAA-2005-20625; Directorate Identifier 2003-NM- 148-AD. Comments Due Date (a) The Federal Aviation Administration must receive comments on this AD action by April 15, 2005. Affected ADs (b) None. Applicability (c) This AD applies to the airplanes listed in Table 1 of this AD, certificated in any category, equipped with one or more additional center tanks (ACTs). Table 1.--Applicability ------------------------------------------------------------------------ Airbus model-- As identified in-- ------------------------------------------------------------------------ A300 B4-600, B4-600R, and F4-600R Airbus Service Bulletin A300-28- series airplanes, and Model C4-605R 6060, dated December 7, 1999. Variant F airplanes (collectively called A300-600 airplanes). A310 series airplanes.................. Airbus Service Bulletin A310-28- 2137, Revision 02, dated April 7, 2003. ------------------------------------------------------------------------ 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 electrical arcing inside the fuel tank, due to insufficient bonding, which could result in the ignition of fuel vapors with a potential risk of explosion of the 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. Modify the Electrical Bonding Points (f) Within 30 months after the effective date of this AD, modify the electrical bonding [[Page 12819]] points of the ACT(s), by doing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A300-28-6060, dated December 7, 1999 (for Model A300-600 airplanes); or Airbus Service Bulletin A310-28-2137, Revision 02, dated April 7, 2003 (for Model A310 series airplanes); as applicable. Credit for Previous Service Bulletins (g) Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A310-28-2137, dated December 7, 1999; or Revision 01, dated January 12, 2002; are acceptable for compliance with the requirements of paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (h) 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 (i) French airworthiness directive 2003-161(B), dated April 30, 2003, also addresses the subject of this AD. Issued in Renton, Washington, on March 8, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05-5138 Filed 3-15-05; 8:45 am] BILLING CODE 4910-13-P