AD 2009-21-02

[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55116-55118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-24011]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0324; Directorate Identifier 2008-NM-186-AD; 
Amendment 39-16039; AD 2009-21-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant F 
Series Airplanes Equipped With Simmonds Precision Products, Inc., Fuel 
Quantity Indicating System Sensors and In-Tank Harnesses Installed in 
Accordance With Supplemental Type Certificate (STC) ST00092BO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus model series airplanes listed above. This AD requires revising 
the Airworthiness Limitations Section of the Instructions for 
Continuing Airworthiness to incorporate new fuel system limitations for 
airplanes modified in accordance with Supplemental Type Certificate 
(STC) ST00092BO. This AD also requires a general visual inspection for 
tank unit separation and compensator separation of the center, inner, 
and outer fuel tanks, and trim fuel tanks of the tank units, and 
corrective actions if necessary. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD to 
prevent a potential of ignition sources inside fuel tanks, which in 
combination with flammable fuel vapors, could result in a fuel tank 
fire or explosion and consequent loss of the airplane.

DATES: This AD is effective December 1, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 1, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Goodrich Corporation, Sensors and Integrated Systems (Formerly Fuel and 
Utility Systems), 100 Panton Road, Vergennes, Vermont 05491-1008; 
telephone 802-877-4476; e-mail <a href="/cdn-cgi/l/email-protection#95e6fce6bbe1f0f6fde5e0f7e6b8e3e1d5f2fafaf1e7fcf6fdbbf6faf8"><span class="__cf_email__" data-cfemail="fa899389d48e9f99928a8f9889d78c8eba9d95959e88939992d4999597">[email&#160;protected]</span></a>; Internet 
<a href="http://www.goodrich.com/TechPubs">http://www.goodrich.com/TechPubs</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 address for the 
Docket Office (telephone 800-647-5527) is the Document 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 20590.

FOR FURTHER INFORMATION CONTACT: Marc Ronell, Aerospace Engineer, ANE-
150, FAA, Boston Aircraft Certification Office, 12 New England 
Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-
7776; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Airbus Model A300 B4-601, B4-603, B4-605R, B4-620, B4-622, B4-
622R, F4-605R, F4-622R, and C4-605R Variant F series airplanes. That 
NPRM was published in the Federal Register on April 9, 2009 (74 FR 
16152). That NPRM proposed to require revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continuing 
Airworthiness to incorporate new fuel system limitations for airplanes 
modified in accordance with Supplemental Type Certificate (STC) 
ST00092BO. That NPRM also proposed to require a general visual 
inspection for tank unit separation and compensator separation of the 
center, inner, and outer fuel tanks, and trim fuel tanks of

[[Page 55117]]

the tank units, and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Actions Since NPRM Was Issued

    Since we issued that NPRM, we have determined that it is necessary 
to clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.
    We have added Note 2 to this AD to clarify the intended effect of 
the AD on spare and on-airplane fuel tank system components.

Revision to Paragraph (h) of This AD

    We removed a redundant reference to the service information, ``in 
accordance with Section 2.2.3 of the Goodrich A300-600 Instructions for 
Continued Airworthiness, Document T3012-0005-0101, Revision B, dated 
June 12, 2008,'' from paragraph (h) of this AD.

Revision to the Product Identification Line

    We have revised the product identification line that precedes 
paragraph (a) of this AD to specify Airbus. For ADs that apply to STCs 
installed on only one type of airplane, we identify the name of the 
airplane manufacturer in the product identification line.

Revision to Paragraph (l) of this AD

    We have revised paragraph (l) of this AD to include the phrase, 
``if done before the effective date of this AD.'' This text was 
inadvertently omitted. It was our intention to provide credit for 
operators which have completed the inspections specified in paragraph 
(h) of this AD, before the effective date of this AD, using Goodrich 
Service Bulletin 300723-0101-28-01, Revision 1, dated July 1, 2004.

Conclusion

    We reviewed the relevant data, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 68 airplanes of U.S. registry. We 
also estimate that it takes about 8 work-hours per product to comply 
with this AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of this AD to the U.S. operators to 
be $43,520, or $640 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

    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 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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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:

2009-21-02 Airbus: Amendment 39-16039. Docket No. FAA-2009-0324; 
Directorate Identifier 2008-NM-186-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 1, 
2009.

Affected ADs

    (b) This AD affects AD 2004-05-05, Amendment 39-13499.

Applicability

    (c) This AD applies to Airbus Model A300 B4-601, B4-603, B4-
605R, B4-620, B4-622, B4-622R, F4-605R, F4-622R, and C4-605R Variant 
F series airplanes, certificated in any category, equipped with 
Simmonds Precision Products, Inc., Fuel Quantity Indicating System 
sensors and in-tank harnesses installed in accordance with 
Supplemental Type Certificate (STC) ST00092BO.

    Note 1:  This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c),

[[Page 55118]]

the operator must request approval for an alternative method of 
compliance according to paragraph (o) of this AD. The request should 
include a description of changes to the required inspections that 
will ensure the continued operational safety of the airplane.

Subject

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

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to reduce the potential of ignition sources inside fuel tanks, which 
in combination with flammable fuel vapors, could result in fuel tank 
fire or explosions and consequent loss of the airplane.

Compliance

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

Revision to the Airworthiness Limitations Section To Incorporate 
Inspections

    (g) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the inspections specified in 
Section 2.2.3 of the Goodrich A300-600 Instructions for Continued 
Airworthiness, Document T3012-0005-0101, Revision B, dated June 12, 
2008.

Inspection for Correct Separation

    (h) Within 6 months after the effective date of this AD, do a 
general visual inspection for tank unit separation and compensator 
separation of the center, inner, and outer fuel tanks, and trim fuel 
tanks of the tank units, in accordance with Section 2.2.3 of the 
Goodrich A300-600 Instructions for Continued Airworthiness, Document 
T3012-0005-0101, Revision B, dated June 12, 2008. If incorrect 
separation is found, before further flight, correct the separation 
in accordance with the Airplane Maintenance Manual for the 
corresponding inspection specified in Section 2.2.3 of the Goodrich 
A300-600 Instructions for Continued Airworthiness, Document T3012-
0005-0101, Revision B, dated June 12, 2008. A review of airplane 
maintenance records is acceptable in lieu of this inspection if the 
requirement of Table 6 in Section 10.1 of the Goodrich A300-600 
Instructions for Continued Airworthiness, Document T3012-0005-0101, 
Revision B, dated June 12, 2008, can be conclusively determined to 
have been done from that review.

Revision to the ALS To Incorporate CDCCLs

    (i) Within 30 days after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate the CDCCLs, as defined in Section 10.1 of the Goodrich 
A300-600 Instructions for Continued Airworthiness,
    Document T3012-0005-0101, Revision B, dated June 12, 2008.
    (j) Except as provided by paragraph (o) of this AD: After 
accomplishing the actions specified in paragraphs (g) and (i) of 
this AD, no alternative inspection, inspection intervals, or CDCCLs 
may be used.

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the 
Airworthiness Limitations Section of the Instructions for Continuing 
Airworthiness, as required by paragraph (i) of this AD, do not need 
to be reworked in accordance with the CDCCLs. However, once the 
Airworthiness Limitations Section of the Instructions for Continuing 
Airworthiness has been revised, future maintenance actions on these 
components must be done in accordance with the CDCCLs.

Actions Done According to Previous Service Information

    (k) Inspections are acceptable for compliance with the 
requirements of paragraph (h) of this AD, if done before the 
effective date of this AD, in accordance with Goodrich Service 
Bulletin 300723-0101-28-01, dated April 15, 2004.
    (l) Inspections are also acceptable for compliance with the 
requirements of paragraph (h) of this AD, if done before the 
effective date of this AD, in accordance with Goodrich Service 
Bulletin 300723-0101-28-01, Revision 1, dated July 1, 2004.

Acceptable Methods of Compliance for AD 2004-05-05

    (m) Doing the inspections in Section 2.2.3 of the Goodrich A300-
600 Instructions for Continued Airworthiness, Document T3012-0005-
0101, Revision B, dated June 12, 2008, is considered an acceptable 
method of compliance with paragraphs (b) and (c) of AD 2004-05-05.
    (n) Doing the inspections in accordance with Goodrich Service 
Bulletin 300723-0101-28-01, Revision 1, dated July 1, 2004, is an 
acceptable method of compliance with paragraphs (b) and (c) of AD 
2004-05-05.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Boston Aircraft Certification Office (ACO), 
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: Marc Ronell, Aerospace Engineer, ANE-150, FAA, Boston ACO, 12 
New England Executive Park, Burlington, Massachusetts 01803; 
telephone (781) 238-7776; fax (781) 238-7170.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Material Incorporated by Reference

    (p) You must use Goodrich A300-600 Instructions for Continued 
Airworthiness, Document T3012-0005-0101, Revision B, dated June 12, 
2008, to do the actions required by this AD, unless the AD specifies 
otherwise. (The List of Effective Pages section of this document 
does not include pages iii, 6, 15, and 16 of this document. Those 
pages are also at Revision B, dated June 12, 2008.)
    (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 
Goodrich Corporation, Sensors and Integrated Systems (Formerly Fuel 
and Utility Systems), 100 Panton Road, Vergennes, Vermont 05491-
1008; telephone 802-877-4476; e-mail <a href="/cdn-cgi/l/email-protection#fb889288d58f9e98938b8e9988d68d8fbb9c94949f89929893d5989496"><span class="__cf_email__" data-cfemail="097a607a277d6c6a61797c6b7a247f7d496e66666d7b606a61276a6664">[email&#160;protected]</span></a>; 
Internet <a href="http://www.goodrich.com/TechPubs">http://www.goodrich.com/TechPubs</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-24011 Filed 10-26-09; 8:45 am]
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