[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7792-7794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3277]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0613; Directorate Identifier 2008-NM-066-AD; 
Amendment 39-15794; AD 2009-02-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300-600 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    One operator experienced failures of four Fuel Level Sensor-
Amplifier (FLSA) and Multi Tank Indicators (MTI) units. FLSA and MTI 
failures have been identified as having been caused by incorrect 
connector sleeves material fitted to the MTI units.
    Degradation of the electrical insulation sleeves of the Low-
level indication lamps on the MTI on the flight deck can cause a 
short circuit that might result in high voltage being conveyed to 
the high and low level sensors in the outer tanks. This might cause 
the level sensor to heat above acceptable limits.

* * * * *
    This action is necessary to prevent overheating of the fuel level 
sensors, which could result in a fuel tank explosion and consequent 
loss of the airplane. We are issuing this AD to require actions to 
correct the unsafe condition on these products.

DATES: This AD becomes effective March 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 27, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1138; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 6, 2008 (73 FR 
32250). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    One operator experienced failures of four Fuel Level Sensor-
Amplifier (FLSA) and Multi Tank Indicators (MTI) units. FLSA and MTI 
failures have been identified as having been caused by incorrect 
connector sleeves material fitted to the MTI units.
    Degradation of the electrical insulation sleeves of the Low-
level indication lamps on the MTI on the flight deck can cause a 
short circuit that might result in high voltage being conveyed to 
the high and low level sensors in the outer tanks. This might cause 
the level sensor to heat above acceptable limits.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires the accomplishment of wiring modifications to protect the 
FLSA and the Flight Warning Computers from 115V AC and 28V DC short 
circuits within the MTI.

    This action is necessary to prevent overheating of the fuel level 
sensors, which could result in a fuel tank explosion and consequent 
loss of the airplane. You may obtain further information by examining 
the MCAI in the AD docket.

Actions Since NPRM Was Issued

    Since we issued the NPRM, Airbus has issued Mandatory Service 
Bulletin A300-28A6096, Revision 02, dated July 4, 2008. In the NPRM, we 
referred to Airbus Mandatory Service Bulletin A300-28A6096, Revision 
01, dated April 16, 2008, as the source of service information for 
doing the modification. The procedures in Airbus Mandatory Service 
Bulletin A300-28A6096, Revision 02, dated July 4, 2008, are essentially 
the same as those in Airbus Mandatory Service Bulletin A300-28A6096, 
Revision 01, dated April 16, 2008. Therefore, we have revised paragraph 
(f) of this AD to refer to Airbus Mandatory Service Bulletin A300-
28A6096, Revision 02, dated July 4, 2008, as the appropriate source of 
service information for doing the modification, and to give credit for 
using Airbus Mandatory Service Bulletin A300-28A6096, Revision 01, 
dated April 16, 2008, for accomplishing the modification before the 
effective date of the AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Delay Issuance of AD

    Air Transport Association (ATA), on behalf of its member American 
Airlines (AA), and UPS and FedEx ask that we delay issuance of the AD 
until the master minimum equipment list (MMEL) can be revised to 
support the low-level warning configuration. AA, UPS, and FedEx state 
that disconnection of the low-level warning for the left and right 
outer fuel tanks requires significant changes to the Airbus A300-600 
MMEL. AA, UPS, and FedEx add that the current MMEL available to U.S. 
operators cannot support the disconnected low-level warning 
configuration; therefore, the AD should not be released until the MMEL 
has been revised.
    We disagree with the commenter's request and rationale for delaying 
issuance of the AD. Revision 16 of the MMEL, dated October 2008, has 
been released and is available to U.S. operators. Revision 16 of the 
MMEL supports the low-level warning

[[Page 7793]]

configuration. Therefore, we have made no change to the AD in this 
regard.

Request To Extend Compliance Time

    ATA, on behalf of its member AA, and UPS and FedEx ask that we 
revise the compliance time specified in the NPRM from 90 to 180 days to 
allow FAA approval of the air carrier's customized MEL after it has 
been revised, and to facilitate distribution.
    We disagree with the commenters. As stated above, the revised MMEL 
has been released and is available to air carriers. We have determined 
that the 3-month compliance time specified in this AD is adequate to 
address the unsafe condition in a timely manner. We have made no change 
to the AD in this regard.

Request To Include Alternate Terminating Action

    ATA on behalf of its member AA, and UPS and FedEx ask that the AD 
include alternative terminating action for operators that install 
multi-task indicators (MTIs) that have been modified per Smiths Service 
Bulletin 1410KID-28-468, and installed per Airbus Mandatory Service 
Bulletin A300-28-6101, dated June 4, 2008. AA and FedEx state that once 
the MTI is modified the unsafe condition specified in the NPRM will be 
addressed. UPS states that the improved sleeve installed per Airbus 
Mandatory Service Bulletin A300-28-6101, dated June 4, 2008, addresses 
the concerns in the NPRM.
    We disagree with the commenters. Based on information provided by 
Airbus, Airbus Mandatory Service Bulletin A300-28-6101, dated June 4, 
2008, does not contain a final fix for the unsafe condition specified 
in the AD. Airbus is currently developing two modifications that 
provide the final solution to address the unsafe condition identified 
in this AD. Once these modifications are developed, approved, and 
available, we might consider additional rulemaking which would 
terminate the AD requirements. We have made no change to the AD in this 
regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 151 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $60,400, or $400 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:

2009-02-04 Airbus: Amendment 39-15794. FAA-2008-0613; Directorate 
Identifier 2008-NM-066-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
27, 2009.

Affected ADs

    (b) None.

[[Page 7794]]

Applicability

    (c) This AD applies to all Airbus Model A300-600 airplanes, 
certificated in any category; all certified models, all serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One operator experienced failures of four Fuel Level Sensor-
Amplifier (FLSA) and Multi Tank Indicators (MTI) units. FLSA and MTI 
failures have been identified as having been caused by incorrect 
connector sleeves material fitted to the MTI units.
    Degradation of the electrical insulation sleeves of the Low-
level indication lamps on the MTI on the flight deck can cause a 
short circuit that might result in high voltage being conveyed to 
the high and low level sensors in the outer tanks. This might cause 
the level sensor to heat above acceptable limits.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires the accomplishment of wiring modifications to protect the 
FLSA and the Flight Warning Computers from 115V AC and 28V DC short 
circuits within the MTI.
    This action is necessary to prevent overheating of the fuel 
level sensors, which could result in a fuel tank explosion and 
consequent loss of the airplane.

Actions and Compliance

    (f) Unless already done, within 3 months after the effective 
date of this AD: Modify the wiring in the right-hand electronics 
rack in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A300-28A6096, Revision 02, dated July 4, 
2008. Previous accomplishment of the modification before the 
effective date of this AD in accordance with Airbus Mandatory 
Service Bulletin A300-28A6096, dated October 19, 2007; or Revision 
01, dated April 16, 2008; meets the requirements in this paragraph.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-1138; fax (425) 227-1149. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0055, dated March 5, 2008, and Airbus Mandatory 
Service Bulletin A300-28A6096, Revision 02, dated July 4, 2008, for 
related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A300-28A6096, 
Revision 02, dated July 4, 2008, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; e-mail: [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information 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.

    Issued in Renton, Washington, on December 28, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3277 Filed 2-19-09; 8:45 am]
BILLING CODE 4910-13-P