FR Doc 05-2886

[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Proposed Rules]
[Page 7700-7702]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-26]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20379; Directorate Identifier 2004-NM-174-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Model A310 series airplanes. This proposed AD would
require measuring the clearance between the compensator and the guide
assembly of probe no. 1 on the outboard fuel tanks, and performing
corrective actions if necessary. This proposed AD is prompted by the
results of fuel system reviews conducted by the manufacturer. We are
proposing this AD to prevent interference between the compensator and
the guide assembly of probe no. 1, which could create an ignition
source that could result in a fire or explosion.

DATES: We must receive comments on this proposed AD by March 17, 2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,

U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This
docket number is FAA-2005-20379; the directorate identifier for this
docket is 2004-NM-174-AD.

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:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20379;
Directorate Identifier 2004-NM-174-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.

Examining the Docket

You can examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.

Discussion

The FAA has examined the underlying safety issues involved in
recent fuel tank explosions on several large transport airplanes,
including the adequacy of existing regulations, the

[[Page 7701]]

service history of airplanes subject to those regulations, and existing
maintenance practices for fuel tank systems. As a result of those
findings, we issued a regulation titled ``Transport Airplane Fuel Tank
System Design Review, Flammability Reduction and Maintenance and
Inspection Requirements'' (67 FR 23086, May 7, 2001). In addition to
new airworthiness standards for transport airplanes and new maintenance
requirements, this rule included Special Federal Aviation Regulation
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82
and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to cooperate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, notified us that an
unsafe condition may exist on all Airbus Model A310 series airplanes.
The DGAC advises that a design review has revealed the potential for
insufficient clearance between the compensator and the guide assembly
of probe no. 1 on the outboard fuel tanks. Also, the clearance on probe
no. 1 of the left-hand outboard fuel tank may be different than on
probe no. 1 of the right-hand outboard fuel tanks. This condition, if
not corrected, could cause interference between the compensator and the
guide assembly of probe no. 1, which could create an ignition source
that could result in a fire or explosion.

Relevant Service Information

Airbus has issued Service Bulletin A310-28-2152, dated January 12,
2004. The service bulletin describes procedures for measuring the
clearance between the compensator and the guide assembly of probe no. 1
on the left- and right-hand outboard fuel tanks, and performing
corrective action if the clearance is less than 3 mm. The corrective
action consists of modifying the guide assembly of probe no. 1 to
ensure that there is 3 mm of clearance or more between the compensator
and the guide assembly. Accomplishing the actions specified in the
service information is intended to adequately address the unsafe
condition. The DGAC mandated the service information and issued French
airworthiness directive F-2004-125, dated July 21, 2004, to ensure the
continued airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.

Costs of Compliance

The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
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Inspection........................................ 2 $65 None $130 59 $7,670
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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 have determined that this proposed AD would not have federalism
implications under Executive Order

[[Page 7702]]

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 that the 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. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, 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 adding the following new
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-20379; Directorate Identifier 2004-NM-
174-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by March 17, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD was prompted by the results of fuel system reviews
conducted by the manufacturer. We are issuing this AD to prevent
interference between the compensator and the guide assembly of probe
no. 1, which could create an ignition source that could result in a
fire or explosion.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Measurement

(f) Within 4,000 flight hours after the effective date of this
AD, measure the clearance between the compensator and the guide
assembly of probe no. 1 on the left- and right-hand outboard fuel
tanks, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A310-28-2152, dated January 12, 2004. If the
clearance between the compensator and the guide assembly is less
than 3 mm, before further flight, modify the guide assembly of probe
no. 1 to provide clearance of 3 mm or more between the compensator
and the guide assembly, in accordance with the Accomplishment
Instructions of the service bulletin.

Parts Installation

(g) As of the effective date of this AD, no person may install
probe no. 1 on the left- or right-hand outboard fuel tank unless the
requirements of paragraph (f) of this AD have been accomplished.

Alternative Methods of Compliance (AMOCs)

(h) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.

Related Information

(i) French airworthiness directive F-2004-125, dated July 21,
2004, also addresses the subject of this AD.

Issued in Renton, Washington, on February 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-2886 Filed 2-14-05; 8:45 am]

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