[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31896-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15812]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0055; Directorate Identifier 2008-NM-194-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2-1C, A300 B2-203, 
A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. This 
proposed 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:

    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88). * * * Under this regulation, all holders of type 
certificates for passenger transport aircraft * * * are required to 
conduct a design review against explosion risks.
    One of the consequences of the Airbus design review is the 
modification of the fuel pump wiring to provide protection against 
chafing of the fuel pump cables. This condition, if not corrected, 
could result in short circuits leading to fuel pump failure, arcing, 
and possible fuel tank explosion.
    [A previous AD] was issued to require * * * modification [of the 
fuel pump against short circuit] * * *. More recently, an additional 
modification of the electrical wiring of the outer fuel pump and the 
landing lights on the left (LH) and right (RH) sides has been 
introduced * * *.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 31, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 31897]]

30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the referenced service 
information 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.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0055; 
Directorate Identifier 2008-NM-194-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
February 13, 2009 (72 FR 7202). That earlier NPRM proposed to supersede 
AD 2007-18-02, amendment 39-15182 (74 FR 49175, August 28, 2007), to 
require actions intended to address the unsafe condition for the 
products listed above.
    Since that NPRM was issued, Airbus has revised service information 
to introduce additional mechanical protection to prevent the fuel pump 
or landing light wiring from chafing. Airbus Mandatory Service Bulletin 
A300-24-0103, Revision 03, dated February 18, 2009, provides procedures 
for installing new splicing on the wires, a new cable type, shrink 
sleeve installation on the new wiring, and an additional braided 
conduit sleeve (Halar), as applicable, for the fuel pumps and landing 
lights.
    We referred to Airbus Service Bulletins A300-24-0103, Revision 01, 
dated January 11, 2007; and Revision 02, dated April 4, 2008; as the 
appropriate sources of service information for doing the actions 
proposed in the original NPRM. More work is necessary for airplanes 
modified in accordance with either of those two service bulletins. We 
have revised paragraphs (c), (f), and (g) of this proposed AD to refer 
to Airbus Mandatory Service Bulletin A300-24-0103, Revision 03, dated 
February 18, 2009.
    We have revised the Costs of Compliance paragraph of this 
supplemental NPRM to specify the costs of the requirements that are 
retained from the existing AD and the costs of the new requirements of 
this supplemental NPRM.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0188, dated October 10, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A300-24-0103, Revision 
03, dated February 18, 2009. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    The additional actions in the revised service information described 
above expand the scope of the earlier NPRM. As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this proposed 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 13 products of U.S. registry.
    The actions that are required by AD 2007-18-02 and retained in this 
proposed AD take about 72 work-hours per product, at an average labor 
rate of $80 per work hour. Required parts would cost about $5,050 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 costs. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, the estimated cost of the currently 
required actions is $140,530, or $10,810 per product.
    We estimate that it would take about 42 work-hours per product to 
comply with the new basic requirements of this

[[Page 31898]]

proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $4,100 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 costs. 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 the proposed AD on U.S. operators to be $96,980, 
or $7,460 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Amendment 39-15182 (72 FR 
49175, August 28, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2009-0055; Directorate Identifier 2008-NM-
194-AD.

Comments Due Date

    (a) We must receive comments by July 31, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2007-18-02, Amendment 39-
15182.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1C, A300 B2-203, 
A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C airplanes, 
certificated in any category, as identified in Airbus Mandatory 
Service Bulletin A300-24-0103, Revision 03, dated February 18, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88). Subsequently, the Joint Aviation Authorities (JAA) 
recommended the application of a similar regulation to the National 
Aviation Authorities (NAA) of its member countries. Under this 
regulation, all holders of type certificates for passenger transport 
aircraft with either a passenger capacity of 30 or more, or a 
payload capacity of 3,402 kg (7,500 lbs) or more, which have 
received their certification since 01 January 1958, are required to 
conduct a design review against explosion.

    One of the consequences of the Airbus design review is the 
modification of the fuel pump wiring to provide protection against 
chafing of the fuel pump cables. This condition, if not corrected, 
could result in short circuits leading to fuel pump failure, arcing, 
and possible fuel tank explosion.
    EASA (European Aviation Safety Agency) AD 2007-0066 [which 
corresponds to FAA AD 2007-18-02] was issued to require this 
modification in accordance with Airbus SB [service bulletin] A300-
24-0103, Revision 01. More recently, an additional modification of 
the electrical wiring of the outer fuel pump and the landing lights 
on the left (LH) and right (RH) side has been introduced in Revision 
02 of Airbus SB A300-24-0103. For the reason described above, this 
new AD retains the requirements of EASA AD 2007-0066, which is 
superseded, and requires additional work.
    The additional modification will provide additional protection 
from chafing and will prevent intermittent operation of the fuel 
pump and landing lights, as well as the failure of the power supply. 
The modification of the wiring of the outer fuel pump and the 
landing light on the LH side route 1P harness and RH side route 2P 
harness includes additional mechanical protection that includes 
procedures for installing new splicing on the wires, a new cable 
type, shrink sleeve installation on the new wiring, and an 
additional braided conduit sleeve (Halar), as applicable, for the 
fuel pumps and the landing lights.

Restatement of Requirements of AD 2007-18-02 With New Service Bulletin

    (f) Within 31 months after October 2, 2007 (the effective date 
of AD 2007-18-02), unless already done, modify the inner and outer 
fuel pump wiring, route 1P and 2P harnesses in the LH (left-hand) 
wing and in the RH (right-hand) wing, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-24-0103, 
Revision 01, dated January 11, 2007; or Airbus Mandatory Service 
Bulletin A300-24-0103, Revision 03, dated February 18, 2009. As of 
the effective date of this AD, Airbus Mandatory Service Bulletin 
A300-24-0103, Revision 03, dated February 18, 2009, must be used for 
the actions required by this paragraph. Actions done before October 
2, 2007, in accordance with Airbus Service Bulletin A300-24-0103, 
dated March 15, 2006, for airplanes under configuration 01 as 
defined in Airbus Service Bulletin A300-24-0103, Revision 01, dated 
January 11, 2007; Revision 02, dated April 4, 2008; or Revision 03, 
dated February 18, 2009; are acceptable for compliance with the 
requirements of this paragraph.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, within 12 months after the effective 
date of this AD, modify the wiring of the outer fuel pump and the 
landing light on the LH side route 1P harness and RH side route 2P 
harness, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A300-24-0103, Revision 03, dated 
February 18, 2009.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: The MCAI specifies doing a modification in 
accordance with Airbus Mandatory Service Bulletin A300-24-0103, 
Revision 02, dated April 4, 2008. However, this AD requires doing 
additional actions that are specified in Airbus Mandatory Service 
Bulletin A300-24-0103, Revision 03, dated February 18, 2009. The 
MCAI has not yet been revised to require

[[Page 31899]]

the additional actions. We have coordinated this difference with 
EASA.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office. The AMOC 
approval letter must specifically reference this AD.
    (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

    (i) Refer to MCAI EASA Airworthiness Directive 2008-0188, dated 
October 10, 2008; Airbus Service Bulletin A300-24-0103, Revision 01, 
dated January 11, 2007; and Airbus Mandatory Service Bulletin A300-
24-0103, Revision 03, dated February 18, 2009; for related 
information.

    Issued in Renton, Washington, on June 25, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-15812 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-13-P