[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43613-43616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17313]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0055; Directorate Identifier 2013-NM-167-AD; 
Amendment 39-17907; AD 2014-15-05]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 certain 
Airbus Model A310-304, -322, -324, and -325 airplanes. This AD was 
prompted by reports of insufficient clearance between the fuel quantity 
indicator (FQI) probes and the adjacent structure and metallic 
components in the wing fuel tanks. This AD requires a one-time detailed 
visual inspection for sufficient clearance between FQI probes on both 
the left-hand side and right-hand side of the trim horizontal 
stabilizer and the adjacent structure and metallic components in the 
fuel tanks, and modification if necessary. We are issuing this AD to 
detect and correct insufficient clearance, which could lead to 
electrical arcing in a fuel tank during a lightning strike, which could 
result in ignition and consequent fire or explosion in the fuel tank.

DATES: This AD becomes effective September 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0055; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus SAS, 
Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; 
email [email protected]; Internet http://www.airbus.com. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.

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

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Airbus Model A310-
304, -322, -324, and -325 airplanes. The NPRM published in the Federal 
Register on February 25, 2014 (79 FR 10431).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2013-0188, dated August 19, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information to 
correct an unsafe condition on certain Airbus

[[Page 43614]]

Model A310-304, -322, -324, and -325 airplanes. The MCAI states:

    Airbus investigations on A300 aeroplanes revealed insufficient 
clearance between the Fuel Quantity Indicator (FQI) probes and 
adjacent structure or metallic components in the wing fuel tanks. 
A300-600 and A310 aeroplanes are also affected as they are identical 
in design.
    This condition, if not detected and corrected, could lead to 
electric arcing in a fuel tank in case of lightning strike, which 
could result in ignition and consequent fire or explosion in the 
fuel tank.
    To address this potential unsafe condition, Airbus issued 
Service Bulletin (SB) A300-28-0080, SB A300-28-6065 and SB A310-28-
2145 and DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civil] 
France issued [an] AD * * * to cover A300 aeroplanes and [an] AD * * 
* to cover A300-600 and A310 aeroplanes (both EASA ADs were later 
revised). [Both EASA ADs correspond to FAA AD 2004-05-05, Amendment 
39-13499 (69 FR 10319, dated March 5, 2004)].
    Since those [EASA] ADs were issued, further analysis showed that 
they do not cover all potentially affected aeroplanes: A310 
aeroplanes with optional Mod. no. 12248 embodied were excluded from 
the applicability of [a] DGAC France AD * * * but are potentially 
affected, and therefore addressed through this [EASA] AD.
    For the reasons described above, this [EASA] AD requires a one-
time [detailed visual] inspection of the affected aeroplanes for 
sufficient clearance between FQI probes [on both the left-hand (LH) 
side and right-hand (RH) side of the trim horizontal stabilizer] and 
adjacent structure/metallic parts and, depending on findings, 
modification of the FQI probes.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0055-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 10431, February 25, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 10431, February 25, 2014), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (79 FR 10431, February 25, 
2014) about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013), in which the commenter stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, the European Aviation Safety Agency (EASA), 
or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the FAA AD, the operator would be required to go back to the 
manufacturer's DOA and obtain a new approval document, adding time and 
expense to the compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the

[[Page 43615]]

unsafe condition addressed in this AD. Any such requirements will be 
adopted through the normal AD rulemaking process, including notice-and-
comment procedures, when appropriate. We also have decided not to 
include a generic reference to either the ``delegated agent'' or ``DAH 
with State of Design Authority design organization approval,'' but 
instead we have provided the specific delegation approval granted by 
the State of Design Authority for the DAH in the Contacting the 
Manufacturer paragraph of this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 10431, February 25, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 10431, February 25, 2014).

Costs of Compliance

    We estimate that this AD affects 2 airplanes of U.S. registry.
    We also estimate that it will take about 8 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost $0 per product. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $1,360, or $680 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0055; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2014-15-05 Airbus: Amendment 39-17907. Docket No. FAA-2014-0055; 
Directorate Identifier 2013-NM-167-AD.

(a) Effective Date

    This AD becomes effective September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A310-304, -322, -324, and -325 
airplanes, certificated in any category, on which Airbus 
Modification Number 12248 has been embodied.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of insufficient clearance 
between the fuel quantity indicator (FQI) probes and the adjacent 
structure and metallic components in the wing fuel tanks. We are 
issuing this AD to detect and correct insufficient clearance, which 
could lead to electrical arcing in a fuel tank during a lightning 
strike, which could result in ignition and consequent fire or 
explosion in the fuel tank.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Modification

    Within 30 months after the effective date of this AD, do a one-
time detailed visual inspection for clearance between the FQI probes 
located in the trimmable horizontal stabilizer tank and the adjacent 
structure and metallic components, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A310-28-2145, 
Revision 01, dated March 4, 2003.
    (1) If the clearance of an FQI probe is found to be 3.0 
millimeters (mm) (0.118 inch) or more: No further action is required 
by paragraph (g) of this AD.
    (2) If the clearance of an FQI probe is found to be 2.5 mm (0.98 
inch) or more, and less than 3.0 mm (0.118 inch): Before further 
flight, loosen the probe screws and move the probe up and down to 
get the required minimum gap of 3.0 mm (0.118 inch), in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A310-28-2145, Revision 01, dated March 4, 2003.
    (3) If the clearance of an FQI probe is found to be less than 
2.5 mm (0.118 inch): Before further flight, modify each affected FQI 
probe by installing new FQI probe supports, in accordance with Step 
3.C., ``Repair,'' of the Accomplishment Instructions of Airbus 
Service Bulletin A310-28-2145, Revision 01, dated March 4, 2003.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A310-28-
2145, dated August 21, 2001, which is not incorporated by reference 
in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International

[[Page 43616]]

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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-2125; fax 425-227-1149. Information may be 
emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0188, dated August 19, 2013, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0055-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A310-28-2145, Revision 01, dated 
March 4, 2003.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email [email protected]; 
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17313 Filed 7-25-14; 8:45 am]
BILLING CODE 4910-13-P