[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Proposed Rules]
[Pages 27868-27870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11040]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-344-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 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 
directive (AD) that is applicable to certain Airbus Model A310 series 
airplanes. This proposal would require modification of certain wires in 
the right-hand wing. This action is necessary to ensure that fuel 
quantity indication wires are properly separated from wires carrying 
115-volt alternating current (AC). Improper separation of such wires, 
in the event of wire damage, could lead to a short circuit and a 
possible ignition source, which could result in a fire in the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by June 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-344-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. 2002-NM-344-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, 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2797; 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:
     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.
     For each issue, state what specific change to the proposed 
AD is being requested.
     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

[[Page 27869]]

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-344-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-344-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the service history of 
airplanes subject to those regulations, and existing maintenance 
practices for fuel tank systems. As a result of those findings, we 
issued a regulation titled ``Transport Airplane Fuel Tank System Design 
Review, Flammability Reduction and Maintenance and Inspection 
Requirements' (67 FR 23086, May 7, 2001). In addition to new 
airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    Based on this process, we have determined that the actions 
identified in this proposed AD are necessary to reduce the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.
    As a result of the design reviews of the fuel tank system, 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 A310 series airplanes. The 
DGAC advises that analysis of wire routing has revealed that Route 2S 
of the fuel electrical circuit, located in the right-hand wing, does 
not provide adequate separation of fuel quantity indication wires from 
wires carrying 115-volt alternating current (AC). Improper separation 
of such wires, in the event of wire damage, could lead to a short 
circuit and a possible ignition source, which could result in a fire in 
the airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A310-28-2148, Revision 01, dated 
October 29, 2002. That service bulletin describes procedures for 
modifying the routing of wires in the right-hand wing by installing 
cable sleeves. 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 2002-578(B), dated November 27, 
2002, to ensure the continued airworthiness of these airplanes in 
France.

FAA's Conclusions

    This airplane model is manufactured in France and is 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 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 in the service bulletin described previously.

Cost Impact

    The FAA estimates that 46 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 9 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $1,880 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$113,390, or $2,465 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

[[Page 27870]]

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 2002-NM-344-AD.

    Applicability: Model A310 series airplanes on which neither 
Airbus Modification 12427 nor 12435 has been accomplished, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that fuel quantity indication wires are properly 
separated from wires carrying 115-volt alternating current (AC), 
accomplish the following:

Modification

    (a) Within 4,000 flight hours after the effective date of this 
AD: Modify the routing of wires in the right-hand wing by installing 
cable sleeves, per the Accomplishment Instructions of Airbus Service 
Bulletin A310-28-2148, Revision 01, dated October 29, 2002.

Actions Accomplished Previously

    (b) Modification of the routing of wires accomplished before the 
effective date of this AD per Airbus Service Bulletin A310-28-2148, 
dated January 23, 2002, is acceptable for compliance with the 
corresponding requirements of paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) 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 1: The subject of this AD is addressed in French 
airworthiness directive 2002-578(B), dated November 27, 2002.


    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-11040 Filed 5-14-04; 8:45 am]
BILLING CODE 4910-13-P