[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Rules and Regulations]
[Pages 10317-10319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4564]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-301-AD; Amendment 39-13498; AD 2004-05-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A319 and A320 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

[[Page 10318]]

applicable to certain Airbus Model A319 and A320 series airplanes, that 
requires 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. The actions 
specified by this 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: Effective April 9, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of April 9, 2004.

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) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A319 and A320 
series airplanes was published as a supplemental notice of proposed 
rulemaking (NPRM) in the Federal Register on December 3, 2003 (68 FR 
67622). That action proposed to require an inspection of the clearance 
space between the fuel quantity indication 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the supplemental NPRM or the FAA's determination of the cost to the 
public.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule as proposed in the supplemental NPRM.

Cost Impact

    There are approximately 25 airplanes of U.S. registry that will be 
affected by this AD. It will take approximately 1 work hour per 
airplane to accomplish the required inspection, at an average labor 
rate of $65 per work hour. Based on these figures, the cost impact of 
this 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 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 adding the following new airworthiness 
directive:

2004-05-04 Airbus: Amendment 39-13498. 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.''


[[Page 10319]]


    (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.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Airbus Service Bulletin A320-28A1096, 
Revision 03, excluding Appendix 01, dated August 27, 2002. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. 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 2001-271(B), dated June 27, 2001.

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. 04-4564 Filed 3-4-04; 8:45 am]
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