[Federal Register: October 2, 2003 (Volume 68, Number 191)]
[Proposed Rules]               
[Page 56799-56801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc03-12]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-113-AD]
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); and Model A310 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of 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 action 
would expand the applicability in the existing AD and would require the 
subject one-time inspection on the additional airplanes. The actions 
specified by the proposed 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: Comments must be received by November 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-113-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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. 2002-NM-113-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 or 2000 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 2002-NM-113-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. 2002-NM-113-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On June 19, 2001, the FAA issued AD 2001-13-09, amendment 39-12289 
(66 FR 34088, June 27, 2001), applicable to all Airbus Model A300 B2-
1C, B2-203, B2K-3C, B4-2C, B4-103, and B4-203 series airplanes, 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. That action was prompted 
by the issuance of mandatory continuing airworthiness information by a 
foreign civil airworthiness authority. The requirements of that AD are 
intended to prevent the possibility of electrical

[[Page 56800]]

arcing to the fuel tank if the airplane should be struck by lightning.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2001-13-09, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, has mandated the one-time 
inspection required by the existing AD (which is applicable to Model 
A300 B2-1C, B2-203, B2K-3C, and A300 B4 series airplanes) for Model 
A310 and Model A300 B4-600, B4-600R, and F4-600R (collectively called 
A300-600) series airplanes, and expanded the applicability to include 
those airplanes.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A300-28-0080, Revision 01, dated 
September 3, 2001 (the original issue of the service bulletin was 
referenced in the existing AD for accomplishment of the referenced 
actions). Revision 01 has no substantial changes from the original 
issue.
    Airbus also has issued Service Bulletins A300-28-6065, dated March 
29, 2001; Revision 01, dated August 31, 2001; and Revision 02, dated 
August 1, 2002 (for Model A300-600 series airplanes); and A310-28-2145, 
dated August 21, 2001 (for Model A310 series airplanes). The service 
bulletins describe procedures for inspecting the FQI probes to make 
sure that there is a minimum clearance of 3.0 mm (0.118 in.) between 
each FQI probe and any adjacent structure and/or component in the wing 
fuel tanks, and adjustment of the clearance space if necessary.
    The DGAC classified these service bulletins as mandatory and issued 
French airworthiness directive 2002-170(B), dated April 3, 2002, in 
order to ensure 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 
section 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 us informed of the 
situation described above. We have 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 supersede AD 2001-13-09 to 
continue 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. The proposed AD 
also would expand the applicability in the existing AD and would 
require the subject one-time inspection on the additional airplanes. 
The actions would be required to be accomplished in accordance with the 
service bulletins described previously.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs the FAA's airworthiness directives 
system. The regulation now includes material that relates to altered 
products, special flight permits, and alternative methods of compliance 
(AMOCs). Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    There are approximately 115 airplanes of U.S. registry that would 
be affected by this proposed AD.
    The inspection that is currently required by AD 2001-13-09 takes 
approximately 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 would take approximately 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 proposed inspection is estimated to be $325 per 
airplane.
    It would take approximately 10 work hours per airplane to 
accomplish the new inspection of the wing fuel tank, and approximately 
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 proposed 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 proposed 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 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

[[Page 56801]]

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 removing amendment 39-12289 (66 FR 
34088, June 27, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus: 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 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; 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 
A300-28-6065, dated March 29, 2001; Revision 01, dated August 31, 
2001; or Revision 02, dated August 1, 2002; or 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.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2002-170(B), dated April 3, 2002.


    Issued in Renton, Washington, on September 26, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-24977 Filed 10-1-03; 8:45 am]

BILLING CODE 4910-13-P