AD 2001-15-21

[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40860-40863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 01-19247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-412-AD; Amendment 39-12356; AD 2001-15-21]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B2 and B4; A310; and 
A300 B4-600, B4-600R, and F4-600R (Collectively Called A300-600) Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A300 B2 and B4; A310; and A300 B4-
600, B4-600R, and F4-600R (collectively called A300-600) series 
airplanes; that requires modification of certain components related to 
the fuel level sensors. This action is necessary to prevent the 
possibility of overheating of the fuel level sensors, which could lead 
to the risk of explosion in the fuel tank. This action is intended to 
address the identified unsafe condition.

DATES: Effective September 10, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 10, 2001.

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 Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

[[Page 40861]]


SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Airbus Model A300 B2 and 
B4; A310; and A300 B4-600, B4-600R, and F4-600R (collectively called 
A300-600) series airplanes; was published in the Federal Register on 
May 2, 2001 (66 FR 21893). That action proposed to require modification 
of certain components related to the fuel level sensors.

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.

Remove Paragraph (b)--Spare Parts

    One commenter asks that the ``spare parts'' paragraph in the 
proposed rule be deleted for the following reasons:
    <bullet> This is not a requirement of the French airworthiness 
directive.
    <bullet> It is not clear to the commenter why the spares paragraph 
is necessary. It will force operators to accomplish at least a portion 
of the referenced service bulletin prior to the effective date of the 
AD. The level sensor connectors are not unsafe components, and 
replacing a connector with a new, improved connector does not improve 
safety. The intent of the proposed AD is to address a possible 115V 
alternating current short somewhere upstream of the tank, not to 
replace faulty connectors. A mechanic may wish to replace a level 
sensor connector for troubleshooting, or because the existing connector 
is damaged, but that connector position is as safe as other tank 
connectors on the airplane that have not been replaced and do not 
require replacement until 18 months after the effective date of the 
proposed rule. This type of requirement is used in other ADs when the 
part being replaced may create a safety problem, which does not apply 
in this case.
    <bullet> Prohibiting the use of the spare parts specified in 
paragraph (b) as of the effective date of the proposed rule creates an 
undue burden for the operator. Parts to accomplish the referenced 
service bulletins may not be available at that time, and this could 
cause an operator to ground an airplane while waiting for parts to be 
obtained. The airplane mechanic uses the Illustrated Parts Catalog, 
wiring diagrams, maintenance manuals, etc., when replacing parts on the 
airplane, and this requirement does not allow time to revise these 
manuals and create other documentation that will address the procedures 
specified in the service bulletins. Mechanics may inadvertently violate 
the proposed rule because the manual used is not revised to include the 
latest information.
    The FAA agrees with the commenter for the reasons submitted, and 
has removed paragraph (b) of the final rule. By removing the spare 
parts paragraph, the operators are given time to acquire the redesigned 
part from the supplier, and install the spare parts specified during 
the 18-month timeframe required by paragraph (a) of the final rule.

Add Certain Wording to Proposed Rule

    One commenter asks that the proposed rule be revised to add a 
statement specifying that previous accomplishment of the French 
airworthiness directive is acceptable for compliance with the actions 
specified in the proposed rule, and adds that the French airworthiness 
directive includes a statement that reads, ``All later approved 
revisions of these service bulletins are acceptable.'' The commenter 
states that adding these statements would save both the commenter and 
the FAA the time and effort it takes to go through the alternative 
method of compliance process.
    The FAA partially agrees, as follows:
    We agree that previous accomplishment of the French airworthiness 
directive (which references accomplishment of the actions specified in 
the service bulletins) is acceptable for compliance with the actions 
specified in the final rule. However, all ADs contain the phrase, 
``Compliance: Required as indicated, unless accomplished previously,'' 
so no change to the final rule is necessary in this regard.
    We do not agree that subsequent revisions of the referenced service 
bulletins are acceptable for accomplishment of the actions required by 
the final rule. To use the phrase, ``or later approved revisions,'' in 
an AD when referring to the service document violates Office of the 
Federal Register (OFR) regulations regarding approval of materials 
``incorporated by reference'' in rules. In general terms, these OFR 
regulations require that either the service document contents be 
published as part of the actual AD language, or the service document be 
submitted for approval by the OFR as ``referenced'' material, in which 
case it may be only referred to in the text of an AD. The AD may only 
refer to the service document that was submitted and approved by the 
OFR for ``incorporation by reference.'' In order for operators to use 
later revisions of the referenced document (issued after the 
publication of the AD), either the AD must be revised to reference the 
specific later revisions, or operators must request the approval to use 
them as an alternative method of compliance with this final rule under 
the provisions of paragraph (b) of the final rule.

Extend Compliance Time

    Two commenters ask for an extension of the compliance time 
specified in the proposed rule. One commenter states that the parts 
manufacturer it orders from will have an influx of purchase orders when 
the final rule is published, which will delay deliveries. The commenter 
asks that the FAA allocate time to receive all the parts required to 
modify its airplanes before releasing the final rule. The commenter 
also asks for an extension of the compliance time from 18 to 30 months 
after the effective date of the AD because such an increase would allow 
it to accomplish the requirements of paragraph (a) of the proposed AD 
during a regular maintenance check. The commenter adds that any less 
than 30 months would require field accomplishment.
    Another commenter asks that the compliance time in paragraph (a) of 
the proposed rule be extended from 18 to 24 months after the effective 
date of the AD. The commenter states that if the 18-month limitation is 
equivalent to most ``C'' check intervals, allowing for a heavy check in 
order to comply with the modification, airlines operating under Section 
19 of the Airbus A300 Maintenance Planning Document should be given 
similar consideration for the ``Low Utilization Program (LUP).'' The 
commenter adds that, for the LUP operator, the heavy check equivalent 
to a ``C'' check is the ``M24'' check, which is accomplished every 24 
months. The ``M24'' check also is limited to 4,000 flight hours, which 
is the same flight hour limitation specified in the Airbus service 
bulletin referenced in the proposed rule. The commenter notes that it 
will probably accomplish the modification on some of its airplanes 
during a light check if the 18-month limitation is not changed, but 
adds that opening and venting every fuel tank is a complex task to 
accomplish during a light check.
    The FAA does not agree with the commenters' requests. Although the 
referenced service bulletins specify accomplishment of the modification 
required by paragraph (a) of this final rule within 4,000 flight hours 
after the effective date of the AD, the French airworthiness directive 
clearly specifies an 18-month compliance time. In developing an 
appropriate compliance time for this action, we considered not

[[Page 40862]]

only the degree of urgency associated with addressing the subject 
unsafe condition, but the Direction Generale de l'Aviation Civile 
recommendation as to an appropriate compliance time, and the practical 
aspect of accomplishing the required modification within an interval of 
time that parallels normal scheduled maintenance for the majority of 
affected operators. We have determined that within 18 months after the 
effective date of this AD represents an appropriate compliance time 
allowable for the modification to be accomplished during scheduled 
maintenance intervals. However, under the provisions of paragraph (b) 
of the final rule, we may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 157 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately the number of work 
hours per airplane specified in the table below to accomplish the 
required modifications, and that the average labor rate is $60 per work 
hour. Approximate required parts costs and costs per airplane are 
listed in the table below:

------------------------------------------------------------------------
                                                            Approximate
        Airplane Model            Work      Parts cost       cost per
                                 hours                       airplane
------------------------------------------------------------------------
A300 B2......................          8         $18,241         $18,721
Post Modification 03082S4068.
A300 B2......................          8          16,690          17,170
Pre Modification 03082S4068..
A300 B4......................         16          24,512          25,472
Post Modification 01664S2368.
A300 B4......................         16          22,811          23,771
Pre Modification 01664S2368..
A310-200.....................         10          11,972          12,572
A310-300.....................         12          16,125          16,845
A300-600.....................          2           3,805           3,925
------------------------------------------------------------------------

    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

    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

    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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-15-21  Airbus Industrie: Amendment 39-12356. Docket 2000-NM-
412-AD.

    Applicability: Model A300 B2 and B4 series airplanes; Model A310 
series airplanes, except those on which Airbus Modification 12201 
has been embodied in production; and Model A300 B4-600, B4-600R, and 
F4-600R (collectively called A300-600) series airplanes, except 
those on which Airbus Modification 12202 has been embodied in 
production; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the possibility of overheating of the fuel level 
sensors, which could lead to the risk of explosion in the fuel tank, 
accomplish the following:

Modification

    (a) Within 18 months after the effective date of this AD, modify 
the electrical connectors to the fuel sensors by the installation of 
new connectors and new sensors, or fused adapters for the sensors, 
as applicable, in accordance with Airbus

[[Page 40863]]

Service Bulletin A300-28-0078 (for Model A300 B2 and B4 series 
airplanes), A300-28-6063 (for Model A300-600 series airplanes), or 
A310-28-2141 (for Model A310 series airplanes), all dated September 
27, 2000; as applicable.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections Secs. 21.197 and 21.199 of the Federal Aviation Regulations 
(14 CFR 21.197 and 21.199) to operate the airplane to a location 
where the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The modification shall be done in accordance with Airbus 
Service Bulletin A300-28-0078, dated September 27, 2000; Airbus 
Service Bulletin A300-28-6063, dated September 27, 2000; or Airbus 
Service Bulletin A310-28-2141, including Appendix 1, dated September 
27, 2000; as applicable. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Airbus Industrie, 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 Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in French 
airworthiness directive 2000-481-324(B), dated November 29, 2000.

Effective Date

    (e) This amendment becomes effective on September 10, 2001.

    Issued in Renton, Washington, on July 26, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-19247 Filed 8-3-01; 8:45 am]
BILLING CODE 4910-13-U