[Federal Register: March 5, 2004 (Volume 69, Number 44)]
[Rules and Regulations]
[Page 10319-10321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr04-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-113-AD; Amendment 39-13499; AD 2004-05-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2-1C, B2-203, B2K-
3C, B4-2C, B4-103, and B4-203 Series Airplanes; Model A300 B4-600, B4-
600R, and F4-600R (Collectively Called A300-600) Series Airplanes; and
Model A310 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Airbus Model A300 B2-1C, B2-203, B2K-3C, B4-2C,
B4-103, and B4-203 series airplanes, that currently requires a one-time
inspection of the space between the fuel quantity indication (FQI)
probes and any adjacent structures for minimum clearance, and
corrective action if necessary. This amendment expands the
applicability in the existing AD and requires the subject one-time
inspection on additional airplanes. The actions specified by this AD
are intended to prevent the possibility of electrical arcing to the
fuel tank if the airplane should be struck by lightning. Such arcing
could create a potential ignition source within the fuel tank and an
increased risk of a fuel tank explosion and fire. This action is
intended to address the identified unsafe condition.
DATES: Effective April 9, 2004.
The incorporation by reference of certain publications, as listed
in the regulations, is approved by the Director of the Federal Register
as of April 9, 2004.
The incorporation by reference of a certain other publication, as
listed in the regulations, was approved previously by the Director of
the Federal Register as of August 1, 2001 (66 FR 34088, June 27, 2001).
ADDRESSES: The service information referenced in this AD may be
obtained from Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 2001-13-09,
amendment 39-12289 (66 FR 34088, June 27, 2001), which is applicable to
all Airbus Model A300 B2-1C, B2-203, B2K-3C, B4-2C, B4-103, and B4-203
series airplanes, was published in the Federal Register on October 2,
2003 (68 FR 56799). The action proposed to require a one-time
inspection of the space between the fuel quantity indication (FQI)
probes and any adjacent structures for minimum clearance, and
corrective action if necessary.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request for an Alternative Method of Compliance (AMOC)
One commenter states that in 1999 it began replacing the factory-
installed fuel quantity indicating system (FQIS) on its A300-600 series
airplanes with a Goodrich system, certified by Supplemental Type
Certificate (STC) 00092BO. In addition, the commenter states that, as
of January 2001, all its airplanes were modified per the Goodrich STC,
which, due to increased clearance by an improved design, provides a
greater level of safety than the factory-installed system. The
commenter asks that the FQIS that is installed per the Goodrich STC be
included as a second method of compliance, or that the proposed AD be
revised to include credit for the airplanes already modified.
The FAA cannot agree to other methods of compliance since no
supporting data that such installation would provide an acceptable
level of safety were provided to us to substantiate the commenter's
request. For airplanes that have been previously modified, altered, or
repaired in the areas addressed by these inspections, the operator may
not need or be able to accomplish the requirements of the proposed AD.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance in accordance
with paragraph (d)(1) of this
[[Page 10320]]
AD. The request should include a description of changes to the design
that will ensure the continued airworthiness of the affected airplanes
in lieu of the required inspections. No change to the final rule is
necessary in this regard.
A second commenter states that it is the STC holder for the FQI
probes that replace the fuel height probes developed by the original
equipment manufacturer. The probes are replaced with a Goodrich-
designed FQI probe installed per STC 00092BO. The commenter states that
the STC has been implemented by Goodrich customers and they are
requesting assistance to obtain compliance with the requirements of the
proposed AD. The commenter proposes to develop a service bulletin to
perform a one-time inspection of the STC installation. The commenter
would provide substantiating data to the FAA for review and approval
after the service bulletin is developed. The commenter asks that the
service bulletin be approved as an AMOC to the proposed AD. Records
substantiating the inspections and corrective actions would be provided
to the FAA by operators. The commenter adds that this approach was
previously implemented by Goodrich for STC ST00020BO and the related
AD. The commenter suggests that we review the suggested compliance
option for the STC and provide a recommendation for the preferred
approach for implementation. The commenter adds that, depending on the
schedule for release of the proposed AD, it can prepare and provide the
STC service bulletin for incorporation into the proposed AD. The
commenter asks that we inform them if this approach is viable, and
include the lead time required by our office for such incorporation.
We cannot approve the use of a document that does not yet exist,
and in consideration of the urgency of the identified unsafe condition
and the amount of time that has already elapsed since the proposed AD
was issued, we have determined that further delay of this final rule is
not appropriate. However, if a new service bulletin is developed in the
future, the commenter may request approval to use it as an alternative
method of compliance under the provisions of paragraph (d)(1) of this
final rule.
Conclusion
After careful review of the available data, including the comments
noted above, we have determined that air safety and the public interest
require the adoption of the rule as proposed.
Cost Impact
There are approximately 115 airplanes of U.S. registry that will be
affected by this AD.
The inspection that is currently required by AD 2001-13-09 takes
about 7 work hours per airplane to accomplish, at an average labor rate
of $65 per work hour. Based on these figures, the cost impact of the
currently required inspection is estimated to be $455 per airplane.
It will take about 5 work hours per airplane to accomplish the new
inspection, specified in Airbus Service Bulletin A310-28-2145, at an
average labor rate of $65 per work hour. Based on these figures, the
cost impact of this inspection is estimated to be $325 per airplane.
It will take about 10 work hours per airplane to accomplish the new
inspection of the wing fuel tank, and about 5 work hours per airplane
to accomplish the new inspection of the trim fuel tank, specified in
Airbus Service Bulletin A300-28-6065, at an average labor rate of $65
per work hour. Based on these figures, the cost impact of these
inspections is estimated to be $650 per wing fuel tank, and $325 per
trim fuel tank, per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration 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. Section 39.13 is amended by removing amendment 39-12289 (66 FR
34088, June 27, 2001), and by adding a new airworthiness directive
(AD), amendment 39-13499, to read as follows:
2004-05-05 Airbus: Amendment 39-13499. Docket 2002-NM-113-AD.
Supersedes AD 2001-13-09, Amendment 39-12289.
Applicability: All Model A300 B2-1C, B2-203, B2K-3C, B4-2C, B4-
103, and B4-203 series airplanes; Model A300 B4-600, B4-600R, and
F4-600R (collectively called A300-600) series airplanes, except
those on which Airbus Modification 12278 has been accomplished in
production; and Model A310 series airplanes, except those on which
Airbus Modification 12248 has been accomplished in production;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the possibility of electrical arcing to the fuel tank
if the airplane should be struck by lightning, which could create a
potential ignition source within the fuel tank and an increased risk
of a fuel tank explosion and fire, accomplish the following:
Restatement of Requirements of AD 2001-13-09
Inspection
(a) For Model A300 B2-1C, B2-203, B2K-3C, and A300 B4 series
airplanes: Within 4,000 flight hours after August 1, 2001 (the
effective date of AD 2001-13-09, amendment 39-12289), inspect the
clearance space from each fuel quantity indication (FQI) probe to
any adjacent structure or metallic component, in accordance with
Airbus Service Bulletin A300-28-0080, dated
[[Page 10321]]
September 28, 2000; or Revision 01, dated September 3, 2001.
New Requirements of This AD
Detailed Inspection
(b) For Model A300-600 and A310 series airplanes: Within 4,000
flight hours after the effective date of this AD; do a detailed
inspection of the clearance space from each FQI probe to any
adjacent structure or metallic component, in accordance with Airbus
Service Bulletin A300-28-6065, dated March 29, 2001, or Revision 01,
dated August 31, 2001, or Revision 02, dated August 1, 2002; or
Airbus Service Bulletin A310-28-2145, dated August 21, 2001; as
applicable.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Clearance Adjustment
(c) If, during any inspection required by this AD, the clearance
between any probe and its adjacent parts is less than 3.0 mm (0.118
in.), as described in Airbus Service Bulletin A300-28-0080, dated
September 28, 2000, or Revision 01, dated September 3, 2001, or
Airbus Service Bulletin A300-28-6065, dated March 29, 2001, or
Revision 01, dated August 31, 2001, or Revision 02, dated August 1,
2002; or Airbus Service Bulletin A310-28-2145, dated August 21,
2001: Before further flight, adjust the position of the FQI probe in
accordance with paragraph 3.C. of the Accomplishment Instructions of
the applicable service bulletin.
Alternative Methods of Compliance
(d)(1) In accordance with 14 CFR 39.19, the Manager,
International Branch, ANM-116, FAA, is authorized to approve
alternative methods of compliance for this AD.
(2) Alternative methods of compliance, approved previously per
AD 2001-13-09, amendment 39-12289, are approved as alternative
methods of compliance with paragraph (a) of this AD.
Incorporation by Reference
(e) The actions shall be done in accordance with Airbus Service
Bulletin A300-28-0080, dated September 28, 2000; Airbus Service
Bulletin A300-28-0080, Revision 01, dated September 3, 2001; Airbus
Service Bulletin A300-28-6065, dated March 29, 2001; Airbus Service
Bulletin A300-28-6065, Revision 01, dated August 31, 2001; Airbus
Service Bulletin A300-28-6065, Revision 02, dated August 1, 2002;
and Airbus Service Bulletin A310-28-2145, dated August 21, 2001; as
applicable.
(1) The incorporation by reference of Airbus Service Bulletin
A300-28-0080, Revision 01, dated September 3, 2001; Airbus Service
Bulletin A300-28-6065, dated March 29, 2001; Airbus Service Bulletin
A300-28-6065, Revision 01, dated August 31, 2001; Airbus Service
Bulletin A300-28-6065, Revision 02, dated August 1, 2002; and Airbus
Service Bulletin A310-28-2145, dated August 21, 2001; is approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) The incorporation by reference of Airbus Service Bulletin
A300-28-0080, dated September 28, 2000; was approved previously by
the Director of the Federal Register as of August 1, 2001 (66 FR
34088, June 27, 2001).
(3) Copies may be obtained from Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France. Copies may be inspected at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
Note 2: The subject of this AD is addressed in French
airworthiness directive 2002-170(B), dated April 3, 2002.
Effective Date
(f) This amendment becomes effective on April 9, 2004.
Issued in Renton, Washington, on February 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-4565 Filed 3-4-04; 8:45 am]
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