[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Rules and Regulations]
[Pages 10319-10321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4565]


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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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