This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

70003 

Vol. 78, No. 226 

Friday, November 22, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0973; Directorate 

Identifier 2013–NM–139–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A300 series airplanes; 

Airbus Model A300 B4–600, B4–600R, 

and F4–600R series airplanes, and 

Model A300 C4–605R Variant F 

airplanes (collectively called Model 

A300–600 series airplanes); and A310 

series airplanes. This proposed AD was 

prompted by reports of failures of the 

right inner tank fuel pump. This 

proposed AD would require repetitive 

functional tests of the circuit breakers 

for the fuel pump power supply, and 

replacement of any circuit breaker that 

fails any functional test or is found to 

be stuck closed. We are proposing this 

AD to detect and correct failure of the 

thermal fuses in the fuel pumps, which 

could result in a fuel pump overheating, 

leading to a fuel tank explosion. 

DATES: We must receive comments on 

this proposed AD by January 6, 2014. 

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– 

30, West Building Ground Floor, Room 

W12–140, 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, 

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 

account.airworth-eas@airbus.com; 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov; 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 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, WA 

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–2013–0973; Directorate Identifier 

2013–NM–139–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0163, 

dated July 24, 2013 (referred to after this 

as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Two successive failures have been reported 

of a Right Hand # 1 inner tank fuel pump, 

Part Number 2052Cxx series (with 

placeholder ‘‘xx’’ indicating numerals). The 

fix consisted in the replacement of the pump, 

the associated circuit breaker and the AC 

[alternating current] bus load relay. 

Investigations determined that, in case of 

loss of one phase on the pump supply and 

the associated circuit breaker failing to trip, 

the fuel pump thermal fuses may not operate 

as quickly as expected. 

This condition, if not detected and 

corrected, would result in an overheat 

condition of the fuel pump in excess of 200 

°C and could lead to a fuel tank explosion. 

To address this potential unsafe condition, 

Airbus issued Alert Operator Transmission 

(AOT) A28W002–13 providing instructions 

for a functional test of circuit breakers and 

corrective action. 

For the reasons described above, as a 

temporary measure until further notice, this 

[EASA] AD mandates functional tests of the 

affected fuel pump power supply circuit 

breakers, and, depending on findings, 

replacement of circuit breakers. 

This [EASA] AD will be followed by 

further [EASA] AD action. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating it in Docket No. FAA– 

2013–0973. 

Relevant Service Information 

Airbus has issued Alert Operators 

Transmission A28W002–13, dated July 

23, 2013. 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 


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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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 156 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Repetitive functional 

tests.

1 work-hour × $85 per hour = $85 per test ........ $0 $85 per test .................. $ 13,260 per test. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

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); 

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. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

Airbus: Docket No. FAA–2013–0973; 

Directorate Identifier 2013–NM–139–AD. 

(a) Comments Due Date 

We must receive comments by January 6, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Airbus airplanes 

specified in paragraphs (c)(1), (c)(2), (c)(3), 

(c)(4), (c)(5), and (c)(6) of this AD; certificated 

in any category; all serial numbers. 

(1) Model A300 B2–1A, B2–1C, B2K–3C, 

B2–203, B4–2C, B4–103, and B4–203 

airplanes. 

(2) Model A300 B4–601, B4–603, B4–620, 

and B4–622 airplanes. 

(3) Model A300 B4–605R and B4–622R 

airplanes. 

(4) Model A300 F4–605R and F4–622R 

airplanes. 

(5) Model A300 C4–605R Variant F 

airplanes. 

(6) Model A310–203, –204, –221, –222, 

–304, 322, –324, and –325 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Reason 

This AD was prompted by reports of 

failures of the right inner tank fuel pump. We 

are issuing this AD to detect and correct 

failure of the thermal fuses in the fuel 

pumps, which could result in a fuel pump 

overheating, leading to a fuel tank explosion. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Repetitive Functional Tests of Circuit 

Breakers 

(1) Within 6 months or 500 flight hours 

after the effective date of this AD, whichever 

occurs first: Do a functional test of the circuit 

breakers for the fuel pump power supply, as 

identified in paragraphs (g)(1)(i), (g)(1)(ii), 

and (g)(1)(iii) of this AD, as applicable, in 

accordance with Airbus Alert Operators 

Transmission A28W002–13, dated July 23, 

2013. Repeat the functional test thereafter at 

intervals not to exceed 6 months or 500 flight 

hours, whichever occurs first. 

(i) For Airbus Model A300 B2–1A, B2–1C, 

B2K–3C, and B2–203 airplanes: Inner and 

outer pump, No. 1 and No. 2 left-hand (LH) 

side and right-hand (RH) side. 

(ii) For Airbus Model A300 B4–2C, B4– 

103, B4–203, B4–601, B4–603, B4–620, and 

B4–622 airplanes; and A310–203, –204, –221, 

and –222 airplanes: 

(A) Inner and outer pump, No. 1 and No. 

2, LH and RH; and 

(B) Center pump, LH and RH. 

(iii) For Airbus Model A300 B4–605R, B4– 

622R, F4–605R, F4–622R, and C4–605R 

Variant F airplanes; and A310–304, –322, 

–324, and –325 airplanes: 

(A) Inner and outer pump, No. 1 and No. 

2, LH and RH; and 

(B) Center pump, LH and RH; and 

(C) Trim tank pump No. 1 and No. 2. 

(2) If, during any functional test required 

by paragraph (g)(1) of this AD, any circuit 

breaker fails any functional test, or any 

circuit breaker is found to be stuck closed, 

before further flight, replace the affected 

circuit breaker with a serviceable part, in 

accordance with Airbus Alert Operators 

Transmission A28W002–13, dated July 23, 

2013. 

(3) The replacement of one or more circuit 

breakers as required by paragraph (g)(2) of 

this AD does not terminate the repetitive 

functional tests required by paragraph (g)(1) 

of this AD. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 


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(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. 

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: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

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) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent or the Design Approval 

Holder with a State of Design Authority’s 

design organization approval). For a repair 

method to be approved, the repair approval 

must specifically refer to this AD. You are 

required to ensure the product is airworthy 

before it is returned to service. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information European 

Aviation Safety Agency Airworthiness 

Directive 2013–0163, dated July 24, 2013, for 

related information. This MCAI may be 

found in the AD docket on the Internet at 

http://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2013– 

0973. 

(2) 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 account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

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. 

Issued in Renton, Washington, on 

November 15, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–28120 Filed 11–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Naval Base Ventura County, San 

Nicolas Island, California; Restricted 

Area 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers 

(Corps) is proposing to amend its 

regulations to modify an existing 

permanent restricted area in the waters 

of the Pacific Ocean surrounding San 

Nicolas Island, California. Naval Base 

Ventura County is requesting the Corps 

modify the existing restricted area to 

realign subsections (designated Alpha, 

Bravo and Charlie) within the restricted 

area to better match current operational 

requirements. In addition, the proposed 

rule would correct a mapping error in 

the original rule. The perimeter and 

overall size of the existing restricted 

area would remain unchanged. San 

Nicolas Island is wholly owned by the 

United States and operated by the U.S. 

Navy as part of Naval Base Ventura 

County. 

DATES: Written comments must be 

submitted on or before December 23, 

2013. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2013–0014, by any of the following 

methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2013– 

0014, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (David B. Olson), 

441 G Street NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2013–0014. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email directly to the 

Corps without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the public docket and made available on 

the Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Mr. Antal Szijj, Corps of Engineers, Los 

Angeles District, Regulatory Division, at 

805–585–2147. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to amend an existing restricted area 

to realign subsections in a manner that 

better matches the U.S. Navy’s current 

operational needs. Vessels would only 

be prohibited from entering the 

restricted area during closure periods. 

The amendment would also update 

various titles and contact references to 

current command structure and names, 

and correct a mapping error in the 

original rule. 

The Corps authority to amend this 

restricted area is Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat 266; 

33 U.S.C. 1) and Chapter XIX of the 


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