[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Proposed Rules]
[Pages 67622-67624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30113]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Airbus Model A319 and A320 series 
airplanes. That proposed AD would have required 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 new action revises the proposed rule by 
expanding the applicability of the proposed AD. The actions specified 
by this new proposed AD are intended 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 that 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 December 29, 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 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: 
[email protected]. 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 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 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Airbus Model A319 and A320 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on January 
3, 2003 (68 FR 317). That NPRM would have required 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. That NPRM was prompted by issuance of mandatory 
continuing airworthiness information by a civil airworthiness 
authority. Incorrect installation of the support brackets for the FQI 
probes, 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

[[Page 67623]]

the event that 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.

Actions Affecting Original NPRM

    Since the issuance of Airbus Service Bulletin A320-28A1096, 
Revision 01, dated July 4, 2001, which was cited in the original NPRM 
as the appropriate source of service information for the proposed 
actions, Airbus has issued Service Bulletin A320-28A1096, Revision 03, 
dated August 27, 2002. Revision 03 of the service bulletin adds one 
airplane to the effectivity listing of the service bulletin and makes 
minor editorial changes. (Also after the issuance of Revision 01 of the 
service bulletin, Airbus issued Service Bulletin A320-28A1096, Revision 
02, dated October 16, 2001, to add to the repair procedure instructions 
for applying interface sealant and to add a check of electrical 
bonding, and to make certain other nonsubstantive changes.)

Comments

    The FAA has given due consideration to the comments received in 
response to the NPRM.

Support for the Proposal

    One commenter supports the proposed AD, and one commenter states 
that it has no comment.

Request To Extend Compliance Time

    One commenter requests that we extend the compliance time from 
4,000 flight hours to 5,000 flight hours after the effective date of 
the AD. The commenter's rationale is that its C-check maintenance 
interval averages 4,863 flight hours.
    We do not concur with the commenter's request. We note that the 
commenter operates 5 of the 24 U.S.-registered airplanes affected by 
this supplemental NPRM. In developing an appropriate compliance time 
for this AD, we considered the recommendation of the Direction Generale 
de l'Aviation Civile (DGAC) (which is the airworthiness authority for 
France), the degree of urgency associated with the subject unsafe 
condition, and the practical aspect of accomplishing the necessary 
actions within an interval that parallels normal scheduled maintenance 
for the majority of affected operators. In light of all of these 
factors, we have determined that a 4,000-flight-hour compliance time 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety, while allowing the 
majority of affected operators to comply at a scheduled maintenance 
interval. We have made no change to this supplemental NPRM in this 
regard; however, under the provisions of paragraph (d) of this 
proposal, we may approve requests for adjustments of the compliance 
time if data are submitted to substantiate that such an adjustment 
would provide an acceptable level of safety.

Explanation of New Requirements of Supplemental NPRM

    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 in Airbus Service Bulletin A320-28A1096, Revision 
03.

Conclusion

    Since the changes described previously expand the scope of the 
originally proposed rule, the FAA has determined that it is necessary 
to reopen the comment period to provide additional opportunity for 
public comment.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This 
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. 
Therefore, in this supplemental NPRM, Note 1 and paragraph (d) of the 
original NPRM have been removed, and paragraph (c) of the original NPRM 
has been revised and is included as paragraph (d) of this supplemental 
NPRM.

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 25 airplanes of U.S. registry that would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed inspection, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $1,625, or $65 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 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:

[[Page 67624]]

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 03, dated August 
27, 2002; certificated in any category.
    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 that 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 the Accomplishment Instructions of Airbus Service 
Bulletin A320-28A1096, Revision 03, dated August 27, 2002. Although 
this service bulletin specifies to submit certain information to the 
manufacturer, this AD does not include such a requirement.
    (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 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.''

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

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 in the correct position, per Airbus Service Bulletin 
A320-28A1096, Revision 03, dated August 27, 2002.

Inspections Accomplished Per Previous Issue of Service Bulletin

    (c) Inspections and corrective actions accomplished before the 
effective date of this AD per Airbus Service Bulletin A320-28A1096, 
dated March 23, 2001; Revision 01, dated July 4, 2001; or Revision 
02, dated October 16, 2001; are considered acceptable for compliance 
with the corresponding action specified in this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in French 
airworthiness directive 2001-271(B), dated June 27, 2001.


    Issued in Renton, Washington, on November 26, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30113 Filed 12-2-03; 8:45 am]
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