[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Rules and Regulations]
[Pages 65528-65531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24930]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-97-AD; Amendment 39-13863; AD 2004-23-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600R and A300 F4-
600R 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 Airbus Model A300 B4-600R and A300 F4-600R series 
airplanes, that currently requires a one-time detailed inspection for 
damage of the center tank fuel pumps and fuel pump canisters, and 
replacement of damaged fuel pumps and fuel pump canisters with new or 
serviceable parts. That AD also requires repetitive detailed 
inspections of the fuel pumps and repetitive eddy current inspections 
of the fuel pump canisters, and replacement of damaged fuel pumps and 
fuel pump canisters with new or serviceable parts. This amendment 
mandates modification of the canisters of the center tank fuel pumps, 
which would terminate the repetitive inspections required by the 
existing AD. The actions specified by this AD are intended to prevent 
damage to the fuel pump and fuel pump canister, which could result in 
loss of flame trap capability and could provide a fuel ignition source 
in the center fuel tank. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 20, 2004.
    The incorporation by reference of Airbus Service Bulletin A300-28-
6069, Revision 01, dated May 28, 2002; and Airbus Service Bulletin 
A300-28-6061, Revision 04, dated August 1, 2002; as listed in the 
regulations, is approved by the Director of the Federal Register as of 
December 20, 2004.
    The incorporation by reference of Airbus All Operators Telex (AOT) 
28-09, dated November 28, 1998, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
December 28, 1998 (63 FR 70639, December 22, 1998).
    The incorporation by reference of Airbus Alert Service Bulletin 
A300-28A6061, dated February 19, 1999, as listed in the regulations, 
was approved previously by the Director of the Federal Register as of 
February 8, 2000 (65 FR 213, January 4, 2000).

ADDRESSES: The service information referenced in this AD may be 
obtained from Airbus Industrie, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 99-27-07, 
amendment 39-11488 (65 FR 213, January 4, 2000), which is applicable to 
all Airbus Model A300 B4-600R and A300 F4-600R series airplanes, was 
published in the Federal Register on September 9, 2003 (68 FR 53058). 
The action proposed to continue to require a one-time visual inspection 
for damage of the center tank fuel pumps and fuel pump canisters, and 
replacement of damaged fuel pumps and fuel pump canisters with new or 
serviceable parts. The action also proposed to continue to require 
repetitive detailed inspections for damage of the fuel pumps and 
repetitive eddy current inspections of the fuel pump canisters, and 
replacement of damaged fuel pumps and fuel pump canisters with new or 
serviceable parts. The action also proposed to mandate modification of 
the canisters of the center tank fuel pumps, which would terminate the 
repetitive inspections required by the existing AD.

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 To Change Compliance Time

    One commenter requests that the compliance time for the terminating 
action (modification) specified in paragraph (d) of the proposed AD be 
changed to ``Prior to the accumulation of 5,000 total hours, time-in-
service, or within 18 months after the effective date of this AD, 
whichever occurs later.'' The commenter notes that an equivalent level 
of safety is maintained by this change, as the change will still 
require the modification to be done prior to the first inspection 
required by AD 99-27-07. The commenter adds that this change will 
minimize the hardship of implementing the proposed AD.
    The FAA does not agree, as repetitive inspections for cracks are 
not equivalent to replacement of the canisters of the center tank fuel 
pumps with improved canisters for continued operational safety. Cracked 
canisters continue to be detected during the mandated inspections, but 
in view of the potential unsafe condition, we find that modification of 
the canisters by installation of reinforced canisters that are not 
subject to cracking must be done. In addition, inclusion of a 5,000 
flight hour compliance time could allow certain low-time airplanes an 
additional year before accomplishment of the canister replacement. We 
do not find it necessary to change the AD in this regard. However, the 
commenter may request approval of an alternative method of compliance 
from the FAA, in accordance with paragraph (g)(1) of this AD, if 
technical justification, substantiation of need, and a satisfactory 
retrofit status of the commenter's fleet with the new canister are 
provided.

Clarification of Terminating Action

    One commenter states that paragraph (d) of the proposed AD (New 
Requirements of This AD) specifies that accomplishment of Airbus 
Service Bulletin A300-28-6069, Revision 01, dated May 28, 2002 
(modification of the canisters of the center tank fuel pumps)

[[Page 65529]]

ends the repetitive inspections required by paragraph (b) of the 
proposed AD. The commenter adds that initial accomplishment of the 
paragraph (b) inspection would terminate the repetitive inspections 
required by paragraph (a) of the proposed AD. The commenter notes that, 
as written, the proposed AD seems to require the initial accomplishment 
of the inspection required by paragraph (b) to terminate the repetitive 
inspections. The commenter asks for clarification of the intent of the 
AD.
    As requested, we provide the following clarification: The AD does 
require accomplishment of the initial inspection required by paragraph 
(b) of this AD to terminate the repetitive inspections required by 
paragraph (a) of this AD. The repetitive inspections specified in 
paragraphs (a) and (b) of the AD are required by AD 99-27-07 
(Restatement of Requirements of AD 99-27-07), and continue to be 
required by this AD until the terminating action is done. The new 
requirements that mandate modification of the canisters of the center 
tank fuel pumps, as specified in paragraph (d) of this AD, terminate 
those repetitive inspections.

Request To Change Terminating Action to Optional

    One commenter states that AD 99-27-07 addresses the unsafe 
condition identified by that rule, and adds that the proposed AD does 
not provide justification for mandating the terminating action. The 
commenter provides the following reasons for changing the terminating 
action in the proposed AD to an optional action.
     The proposed AD does not specifically identify an 
additional unsafe condition, so there is no need to add further 
financial burden for operators without justifiable cause.
     Operators favor the use of terminating action in lieu of 
repetitive inspections; however, where either solution offers the same 
level of safety, this decision becomes a matter of economics.
     There is no safety benefit identified for the terminating 
action, so the decision to continue to inspect, or implement the 
terminating action, should remain at the option of the operator.
    The commenter adds that there is no reasonable basis for the 18-
month compliance time for the terminating action, as it appears 
arbitrary. Due to the current economic conditions of the airline 
industry, operators should be given the option of replacing the 
canister with the improved design, or continuing the scheduled 
inspections and replacing the canister only if a crack is found during 
the inspection. The commenter adds that the scheduled inspections, when 
done in accordance with AD 99-27-07, will provide a level of safety 
equivalent to that provided by the proposed AD.
    We do not agree. The unsafe condition specified in AD 99-27-07 has 
not been corrected; therefore, an additional unsafe condition does not 
need to be added to this AD, as there has been no final fix until now. 
Although we acknowledge the commenter's concerns regarding further 
financial burden on operators, the FAA, in conjunction with the 
Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), which is 
the airworthiness authority for France, is mandating the terminating 
action based on the determination that, in this case, long-term 
continued operational safety would be better assured by a modification 
to remove the source of the problem, rather than by continued 
repetitive inspections. We consider the existing canisters of the 
center fuel tank to be a safety issue of sufficient significance to 
warrant modification of the canisters. Relying on continued repetitive 
inspections as an option to the modification does not ensure that 
affected airplanes will receive appropriately modified canisters in a 
timely manner, or at all.
    The fuel pump canister is intended to contain or trap any potential 
fuel pump ignition sources and consequent flames in the canister, and 
keep them from entering the fuel tank. A crack in the fuel pump 
canister has the potential to eliminate the canister fire trap 
capability and provide an ignition source to the center tank fuel pump. 
The new, improved canisters have been strengthened by thicker and re-
profiled webs, the fuel aperture corner radius has been increased, the 
non-return valve has been strengthened, and the attachment fasteners 
have been increased from four to six inches. A canister locating pin 
(foolproofing pin) is also installed by this modification, which will 
prevent the installation of unmodified fuel booster-pump canisters. 
Accordingly, no change to the AD is made in this regard.

Request To Change Cost Analysis

    The same commenter states that the proposed AD lacks adequate cost 
analysis. The commenter states that the cost of the canister is 
omitted, and specifies the cost as $4,660 per canister. The commenter 
adds that the actual cost of the proposed AD, using actual industry 
wages and the omitted cost for parts, would be $10,548 per airplane or 
$886,032; not the $76,660 cost calculated by the FAA.
    After considering the data presented by the commenter, we agree 
that the parts cost for the canisters was omitted. The cost of each 
canister is $4,660. The cost impact information, below, has been 
revised to indicate this higher amount.

Economic Analysis

    The same commenter states that it appreciates the FAA economic 
analysis for using work time estimates consistent with industry 
experience; however, the FAA labor rate remains much lower than actual 
industry costs. The commenter adds that the average airline industry 
labor rate is currently $98 per work hour.
    We point out that our estimate of $65 per work hour is the current 
burdened labor rate established for use by the Office of Aviation 
Policy, Plans, and Management Analysis. (The burdened labor rate 
includes the actual labor cost, overhead, and other related costs.) 
Because the labor rate used in our calculations accounts for the 
variations in costs among those in the airline industry, we consider 
that $65 per work hour is appropriate. Accordingly, no change to the AD 
is made in this regard.

Explanation of Change Made to Proposed AD

    We have clarified the inspection requirement contained in the 
proposed AD. Whereas the proposed AD specifies a visual inspection, we 
have revised this final rule to clarify that our intent is to require a 
detailed inspection. Additionally, a new note has been added to the 
final rule to define that inspection.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither 
significantly increase the economic burden on any operator nor increase 
the scope of the AD.

Cost Impact

    This AD will affect about 84 airplanes of U.S. registry.
    The inspections that are required by AD 99-27-07 take about 2 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 actions is estimated to be $130 per airplane, per inspection 
cycle.

[[Page 65530]]

    The inspections required by AD 99-27-07 were applicable to about 67 
airplanes. Based on the figures discussed above, the cost impact of the 
current requirements of that AD on U.S. operators is estimated to be 
$8,710.
    In this AD, the inspections are applicable to about 17 additional 
airplanes. Based on the figures discussed above, the new costs to U.S. 
operators that will be imposed by this AD are estimated to be $2,210.
    The new modification required by this AD action will take about 11 
work hours per airplane to accomplish, at an average labor rate of $65 
per work hour. Required parts will cost about $9,620 per airplane. 
Based on these figures, the cost impact of the modification on U.S. 
operators is estimated to be $868,140, or $10,335 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 39-11488 (65 FR 213, 
January 4, 2000), and by adding a new airworthiness directive (AD), 
amendment 39-13863, to read as follows:

2004-23-08 Airbus: Amendment 39-13863. Docket 2002-NM-97-AD. 
Supersedes AD 99-27-07, Amendment 39-11488.

    Applicability: Model A300 B4-600R and A300 F4-600R series 
airplanes, certificated in any category, on which Airbus 
Modification 4801 (trim tank system) has been accomplished.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to the fuel pump and fuel pump canister, which 
could result in loss of flame trap capability and could provide a 
fuel ignition source in the center fuel tank, accomplish the 
following:

Restatement of Requirements of AD 99-27-07

Inspections

    (a) Prior to the accumulation of 5,000 total hours, time-in-
service or within 250 hours time-in-service after February 8, 2000 
(the effective date of AD 99-27-07, amendment 39-11488), whichever 
occurs later, perform a detailed inspection for damage of the center 
tank fuel pumps and fuel pump canisters, in accordance with Airbus 
All Operators Telex (AOT) 28-09, dated November 28, 1998. Repeat the 
inspection prior to the accumulation of 12,000 total hours time-in-
service, or within 250 hours time-in-service after accomplishment of 
the initial inspection, whichever occurs later. Thereafter, repeat 
the inspection at intervals not to exceed 250 hours time-in-service, 
until accomplishment of the initial inspection required by paragraph 
(b) of this AD.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (b) At the applicable time specified in paragraph (b)(1), 
(b)(2), or (b)(3) of this AD: Perform a detailed inspection to 
detect damage of the center tank fuel pumps and perform an eddy 
current inspection to detect damage of the fuel pump canisters, in 
accordance with Airbus Alert Service Bulletin A300-28A6061, dated 
February 19, 1999; or Airbus Service Bulletin A300-28-6061, Revision 
04, dated August 1, 2002. Repeat the inspections thereafter at 
intervals not to exceed 1,500 flight cycles, until accomplishment of 
paragraph (d) of this AD. Accomplishment of the initial inspections 
required by this paragraph constitutes terminating action for the 
requirements of paragraph (a) of this AD.
    (1) For airplanes that have accumulated 11,000 or more total 
flight cycles as of February 8, 2000: Inspect within 300 flight 
cycles after February 8, 2000.
    (2) For airplanes that have accumulated 8,500 or more total 
flight cycles, but fewer than 11,000 total flight cycles, as of 
February 8, 2000: Inspect within 750 flight cycles after February 8, 
2000.
    (3) For airplanes that have accumulated fewer than 8,500 total 
flight cycles as of February 8, 2000: Inspect prior to the 
accumulation of 7,000 flight cycles, or within 1,500 flight cycles 
after February 8, 2000, whichever occurs later.

Corrective Action

    (c) If any damage is detected during any inspection required by 
this AD, prior to further flight, replace the damaged fuel pump or 
fuel pump canister with a new or serviceable part in accordance with 
Airbus Alert Service Bulletin A300-28A6061, dated February 19, 1999; 
or Airbus Service Bulletin A300-28-6061, Revision 04, dated August 
1, 2002.

New Requirements of This AD

Modification

    (d) Within 18 months after the effective date of this AD: Modify 
the canisters of the center tank fuel pumps (including an 
operational test) by doing all the actions per paragraphs 3.A., 
3.B., 3.C., and 3.D. of the Accomplishment Instructions of Airbus 
Service Bulletin A300-28-6069, Revision 01, dated May 28, 2002. 
Accomplishment of this modification ends the repetitive inspections 
required by paragraph (b) of this AD.
    (e) Accomplishment of the modification before the effective date 
of this AD per Airbus Service Bulletin A300-28-6069, dated September 
4, 2001, is acceptable for compliance with the modification required 
by paragraph (d) of this AD.

Alternative Methods of Compliance

    (f)(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 in 
accordance with AD 99-27-07, amendment 39-11488, are approved as 
alternative methods of compliance with the applicable actions in 
this AD.

[[Page 65531]]

Incorporation by Reference

    (g) The actions shall be done in accordance with the applicable 
service information listed in Table 1 of this AD, unless the AD 
specifies otherwise.

                                  Table 1.--Materials Incorporated by Reference
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      Airbus service information                   Revision level                            Date
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All Operators Telex 28-09.............  Original...........................  November 28, 1998.
Alert Service Bulletin A300-28A6061...  Original...........................  February 19, 1999.
Service Bulletin, A300-28-6061........  04.................................  August 1, 2002.
Service Bulletin, A300-28-6069........  01.................................  May 28, 2002.
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    (1) The incorporation by reference of Airbus Service Bulletin 
A300-28-6069, Revision 01, dated May 28, 2002; and Airbus Service 
Bulletin A300-28-6061, Revision 04, dated August 1, 2002; 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 All Operators Telex 
(AOT) 28-09, dated November 28, 1998, was approved previously by the 
Director of the Federal Register as of December 28, 1998 (63 FR 
70639, December 22, 1998).
    (3) The incorporation by reference of Airbus Alert Service 
Bulletin A300-28A6061, dated February 19, 1999, was approved 
previously by the Director of the Federal Register as of February 8, 
2000 (65 FR 213, January 4, 2000).
    (4) 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 2: The subject of this AD is addressed in French 
airworthiness directive 2002-132(B), dated March 20, 2002.

Effective Date

    (h) This amendment becomes effective on December 20, 2004.

    Issued in Renton, Washington, on November 1, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24930 Filed 11-12-04; 8:45 am]
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