[Federal Register: January 3, 2003 (Volume 68, Number 2)]
[Proposed Rules]               
[Page 317-319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja03-22]                         


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DEPARTMENT OF TRANSPORTATION


Federal Aviation Administration


14 CFR Part 39


[Docket No. 2001-NM-301-AD]
RIN 2120-AA64


 
Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes


AGENCY: Federal Aviation Administration, DOT.


ACTION: Notice of proposed rulemaking (NPRM).


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SUMMARY: This document proposes the adoption of a new airworthiness


[[Page 318]]


directive (AD) that is applicable to certain Airbus Model A319 and A320 
series airplanes. This proposal would require an inspection of the 
clearance space between the fuel quantity indication (FQI) probes 
located in the center fuel tank and the adjacent structure; an 
inspection of the position of the support bracket for each probe; an 
inspection of the part number for each support bracket; and corrective 
action if necessary. This action is necessary to prevent the loss of 
FQI of the center fuel tank, and electrical arcing between the FQI 
probes and the adjacent structure in the event the airplane is struck 
by lightning. Such arcing could create a potential ignition source 
within the center fuel tank and an increased risk of a fuel tank 
explosion and fire. This action is intended to address the identified 
unsafe condition.


DATES: Comments must be received by February 3, 2003.


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-301-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-301-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.


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


    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-301-AD.'' The postcard will be date stamped 
and returned to the commenter.


Availability of NPRMs


    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-301-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.


Discussion


    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A319 and A320 series 
airplanes. The DGAC advises that it has received reports from operators 
of loss of fuel quantity indications (FQI) of the center fuel tank. 
Investigation of the inside of the center fuel tank revealed that the 
source of the fault was an FQI probe touching the adjacent structure. 
Further investigation revealed that, during production of these 
airplanes, the support bracket for FQI probe 38QT had been installed in 
the position for FQI probe 39QT, and the support bracket for FQI probe 
39QT had been installed in the position for FQI probe 38QT, which 
resulted in inadequate clearance. These conditions, if not corrected, 
could result in loss of FQI of the center fuel tank, and electrical 
arcing between the FQI probes and the adjacent structure in the event 
the airplane is struck by lightning. Such arcing could create a 
potential ignition source within the center fuel tank and an increased 
risk of a fuel tank explosion and fire.


Explanation of Relevant Service Information


    Airbus has issued Service Bulletin A320-28A1096 including Appendix 
01 and Reporting Sheet, all Revision 01, all dated July 4, 2001. The 
service bulletin describes procedures for an inspection for proper 
clearance space between the FQI probes located in the center fuel tank 
and the adjacent structure; an inspection of the position of the 
support bracket for each probe; an inspection of the part number for 
each support bracket; and corrective action if necessary. The 
corrective action includes removal and re-installation of the probe and 
its support bracket. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DGAC classified this service bulletin as 
mandatory and issued French airworthiness directive 2001-271(B), dated 
June 27, 2001, in order to assure the continued airworthiness of these 
airplanes in France.


FAA's Conclusions


    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. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.


Explanation of Requirements of Proposed Rule


    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified


[[Page 319]]


in the service bulletin described previously, except as discussed 
below.


Differences Between Proposed Rule and Service Bulletin


    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
the completion and submission of an inspection report (Appendix 01 and 
Reporting Sheet), this proposed AD would not require such reporting.


Cost Impact


    The FAA estimates that 24 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$1,440, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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 proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.


List of Subjects in 14 CFR Part 39


    Air transportation, Aircraft, Aviation safety, Safety.


The Proposed Amendment


    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:


Airbus: Docket 2001-NM-301-AD.


    Applicability: Model A319 and A320 series airplanes, as listed 
in Airbus Service Bulletin A320-28A1096, Revision 01, dated July 4, 
2001, certificated in any category; except for those airplanes on 
which the actions specified in Airbus Service Bulletin A320-28A1096, 
dated March 23, 2001, or Airbus Service Bulletin A320-28A1096, 
Revision 01, dated July 4, 2001, have been accomplished.


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.


    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the loss of fuel quantity indication (FQI) of the 
center fuel tank, and to reduce the potential for an ignition source 
and possible explosion within the center fuel tank due to electrical 
arcing between the FQI probes and the adjacent structure, in the 
event the airplane is struck by lightning, accomplish the following:


Inspection


    (a) Within 4,000 flight hours after the effective date of this 
AD, perform the actions specified in paragraphs (a)(1) and (a)(2) of 
this AD per Airbus Service Bulletin A320-28A1096, Revision 01, dated 
July 4, 2001; excluding Appendix 01 and Reporting Sheet, both 
Revision 01, both dated July 4, 2001.
    (1) Perform a one-time detailed inspection for proper clearance 
space between each FQI probe located in the center fuel tank and the 
adjacent structure; and a one-time detailed inspection of the 
position of the support bracket for each probe.


    Note 2: 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.''


    (2) Inspect the support bracket for each probe to determine the 
part number.


Corrective Action


    (b) During the inspections required by paragraph (a) of this AD, 
if the clearance between any FQI probe and the adjacent structure is 
determined to be less than 6.00 millimeters (0.236 inch), or if the 
position or part number of any probe support bracket is not correct, 
before further flight, remove and re-install the probe and its 
support bracket, per Airbus Service Bulletin A320-28A1096, Revision 
01, dated July 4, 2001; excluding Appendix 01 and Reporting Sheet, 
both Revision 01, both dated July 4, 2001.


Alternative Methods of Compliance


    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.


    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.


Special Flight Permits


    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.


    Note 4: The subject of this AD is addressed in French 
airworthiness directive 2001-271(B), dated June 27, 2001.




    Issued in Renton, Washington, on December 24, 2002.
Charles D. Huber,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-25 Filed 1-2-03; 8:45 am]

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