[Federal Register Volume 69, Number 96 (Tuesday, May 18, 2004)]
[Rules and Regulations]
[Pages 28044-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10741]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-19-AD; Amendment 39-13632; AD 2004-10-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600, A300 B4-600R, 
and A300 F4-600R (Collectively Called A300-600), A310, A319, A320, 
A321, A330, and A340-200 and -300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A300-600, A310, A319, A320, A321, 
A330, and A340-200 and -300 series airplanes, that requires a one-time 
inspection to determine if certain Thales pitot probes are installed, a 
check for certain part numbers and serial numbers of the affected pitot 
probes, and cleaning of the drain hole of any affected pitot probes if 
obstructed. This action is necessary to prevent obstruction of the air 
intake of the pitot probes, which could result in misleading 
information being provided to the flightcrew. This action is intended 
to address the identified unsafe condition.

DATES: Effective June 22, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 22, 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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 A300-600, 
A310, A319, A320, A321, A330, and A340 series airplanes was published 
in the Federal Register on February 6, 2004 (69 FR 5787). That action 
proposed to require a one-time inspection to determine if certain 
Thales pitot probes are installed, a check for certain part numbers and 
serial numbers of the affected pitot probes, and cleaning of the drain 
hole of any affected pitot probes if obstructed.

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.

Supportive Comments

    One commenter supports the proposed AD; another commenter has no 
objection to the proposed AD. The commenters generally support the 
intent of the proposed AD.

Request To Add Service Information

    One commenter asks that the original issue of Airbus Service 
Bulletin A320-34-1263, dated November 26, 2002; be added to the final 
rule as an additional source of service information for accomplishment 
of the actions for Model A319, A320, and A321 series airplanes. 
Revision 01 was referenced in the proposed AD as the source of service 
information for accomplishment of the actions. The FAA agrees as there 
are no significant changes between the original version of the service 
bulletin and Revision 01. We have added the original issue of the 
service bulletin as an additional source of service information for 
accomplishment of the actions required by paragraph (a) of the final 
rule.

Request To Extend Compliance Time

    One commenter asks that additional time be given for accomplishment 
of the actions specified in the proposed AD. The commenter asks that 
the compliance time of 700 flight hours, as specified in paragraph (a) 
of the proposed AD, be extended to 1,000 flight hours. The commenter 
states that this change will allow accomplishment of the actions at the 
commenter's normal maintenance cycle. The commenter adds that, to date, 
the unsafe condition has not been found on any of its fleet of 152 
airplanes, which average 19,000 total accumulated flight hours. The 
commenter states that its maintenance task is performed at C-check 
intervals to inspect the pitot probes and drain holes for obstruction, 
with no negative findings to date. The commenter adds that this 
extension of the compliance time will not compromise safety and will 
allow the most efficient use of available tooling and manpower.
    We do not agree. In developing an appropriate compliance time for 
this action, we considered the safety implications, operators' normal 
maintenance schedules, and the compliance time recommended by the 
airplane manufacturer for the timely accomplishment of the required 
actions. In consideration of these items, we have determined that a 
compliance time of 700 flight hours will ensure an

[[Page 28045]]

acceptable level of safety and is an appropriate interval of time 
wherein the required actions can be accomplished during scheduled 
maintenance intervals for the majority of affected operators. However, 
according to the provisions of paragraph (b) of this final rule, we may 
approve requests to adjust the compliance time if the request includes 
data that justify that a different compliance time would provide an 
acceptable level of safety. We have not changed the final rule in this 
regard.

Request To Change Applicability

    One commenter asks that the applicability in the proposed AD be 
changed to specify ``Model A340-200 and -300 series airplanes.'' The 
applicability in the proposed AD currently specifies Model A340 series 
airplanes. The commenter states that Model A340-500 and -600 series 
airplanes should be excluded from the applicability. In addition, the 
commenter asks that we add the part number (P/N) and serial numbers (S/
Ns) for affected Thales Avionics pitot probes to the applicability.
    We partially agree. We agree to remove Model A340-500 and -600 
series airplanes from the applicability of the proposed AD, and to 
specify Model A340-200 and -300. Model A340-500 and -600 series 
airplanes are not affected by the proposed AD. We do not agree to add 
the P/N and S/Ns for affected Thales Avionics pitot probes. The 
applicability section in this final rule specifies ``as listed in the 
applicable Airbus service bulletins.'' Those service bulletins contain 
the P/N and S/Ns for affected Thales Avionics pitot probes.

Clarification of Applicability

    One commenter does not ask for a specific change to the final rule, 
but states that ``The applicability of French airworthiness directive 
2003-148(B), dated April 16, 2003 (referenced in the proposed AD), is 
Airbus Model A310 and A300-600 series airplanes, all certified models, 
and all S/Ns fitted with Thales Avionics pitot probes, whose S/N is 
lower than or equal to 660.'' The commenter adds that the applicability 
in the proposed AD seems to be ``A one-time detailed visual inspection 
to determine if pitot probes 40DA, 41DA, and 42DA are installed, and a 
check of those pitot probes for P/N C16254AA and S/N 660 or higher, and 
cleaning of the drain hole of any affected pitot probe.'' The commenter 
asks for clarification of the applicability in the proposed AD.
    We infer that the commenter has inadvertently merged the 
requirements in the applicability section and in paragraph (a) of the 
proposed AD. For clarification, we have defined the applicability 
section and paragraph (a) of this AD for the commenter. The 
applicability specified in this final rule is as follows: ``Airbus 
Model A300 B4-600, A300 B4-600R, and A300 F4-600R (Collectively Called 
A300-600), A310, A319, A320, A321, A330, and A340-200 and -300 series 
airplanes; certificated in any category; as listed in the referenced 
Airbus service bulletins.'' The requirements in paragraph (a) of this 
AD are for a detailed inspection to determine if certain Thales 
Avionics pitot probes are installed, and a check of affected pitot 
probes for certain P/Ns and S/Ns, as specified in the Accomplishment 
Instructions of the applicable Airbus service bulletin listed in Table 
1 of the AD.

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 AD with the changes described previously. 
These changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    We estimate that 758 airplanes of U.S. registry will be affected by 
this AD, that it will take about 2 work hours per airplane to do the 
inspection, and that the average labor rate is $65 per work hour. Based 
on these figures, the cost impact of the inspection required by this AD 
on U.S. operators is estimated to be $98,540, or $130 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.
    Currently, there are no Airbus Model A340 series airplanes on the 
U.S. Register. However, should an affected airplane be imported and 
placed on the U.S. Register in the future, it takes about 2 work hours 
per airplane to do the inspection, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of the inspection is 
estimated to be $130 per airplane.

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:

2004-10-02 Airbus: Amendment 39-13632. Docket 2003-NM-19-AD.

    Applicability: Model A300 B4-600, A300 B4-600R, and A300 F4-600R 
(Collectively Called A300-600); A310; A319; A320; A321; A330; and 
A340-200 and -300 series airplanes; certificated in any category; as 
listed in the Airbus service bulletins specified in Table 1 of this 
AD.

[[Page 28046]]



                                             Table 1.--Applicability
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              Model--                 Service bulletin--        Revision--                    Date--
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A300-600..........................  A300-34-6149.........  Original............  April 4, 2003.
A310..............................  A310-34-2181.........  Original............  April 4, 2003.
A319, A320, A321..................  A320-34-1263.........  Original............  November 26, 2002.
A319, A320, A321..................  A320-34-1263.........  01..................  June 25, 2003.
A330..............................  A330-34-3119.........  Original............  February 27, 2003.
A340..............................  A340-34-4130.........  Original............  February 27, 2003.
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    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent obstruction of the air intake of the pitot probes, 
which could result in misleading information being provided to the 
flightcrew, accomplish the following:

One-Time Detailed Inspection

    (a) Within 700 flight hours after the effective date of this AD: 
Do a detailed inspection to determine if certain Thales Avionics 
pitot probes are installed, and a check of affected pitot probes for 
certain part numbers (P/N) and serial numbers (S/N), as specified in 
the Accomplishment Instructions of the applicable Airbus service 
bulletin listed in Table 1 of this AD, all excluding Appendix 01. Do 
the inspection and check (including cleaning and marking the drain 
hole) by doing all the actions per Part 3.A. through Part 3.E. of 
the Accomplishment Instructions of the applicable Airbus service 
bulletin. If the specified P/N and S/N are found, before further 
flight, clean and mark the drain hole if obstructed, per the 
Accomplishment Instructions of the applicable Airbus service 
bulletin. If the specified P/N and S/N are not found, no further 
action is required by this AD.

    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.''


    Note 2: The referenced Airbus service bulletins refer to Thales 
Avionics Service Bulletin, C16195A-34-002, Revision 01, dated 
February 7, 2003, as an additional source of service information for 
the cleaning of the drain holes of the pitot probes.

Alternative Methods of Compliance

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

Incorporation by Reference

    (c) The actions shall be done in accordance with the Airbus 
service bulletins specified in Table 2 of this AD, as applicable.

                                       Table 2.--Airbus Service Bulletins
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           Service bulletin--                       Revision--                            Date--
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A300-34-6149, excluding Appendix 01....  Original.......................  April 4, 2003.
A310-34-2181, excluding Appendix 01....  Original.......................  April 4, 2003.
A320-34-1263, excluding Appendix 01....  Original.......................  November 26, 2002.
A320-34-1263, excluding Appendix 01....  ...............................  June 25, 2003.
A330-34-3119, excluding Appendix 01....  Original.......................  February 27, 2003.
A340-34-4130, excluding Appendix 01....  Original.......................  February 27, 2003.
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    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 National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 3: The subject of this AD is addressed in French 
airworthiness directives 2003-148(B), dated April 16, 2003; 2002-
586(B) R1, dated April 2, 2002; and 2002-594(B), dated November 27, 
2002.

Effective Date

    (d) This amendment becomes effective on June 22, 2004.

    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10741 Filed 5-17-04; 8:45 am]
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