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[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Proposed Rules]
[Pages 10431-10433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04000]

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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]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Airbus Model A310-304, -322, -324, and -325 airplanes. This 
proposed 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 proposed AD would 
require 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 
proposing 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.

[[Page 10432]]

DATES: We must receive comments on this proposed AD by April 11, 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: Deliver to Mail address above 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 by searching for and locating Docket No. 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 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-2014-0055; 
Directorate Identifier 2013-NM-167-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 2013-0188, dated August 19, 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:

    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 France issued AD 2000-455-322 (http://ad.easa.europa.eu/ad/F-2000-455-322) to cover A300 aeroplanes and AD 
2002-170 (http://ad.easa.europa.eu/ad/F-2002-170) 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 DGAC France AD 2002-170(B) [http://ad.easa.europa.eu/ad/F-2002-170], but are potentially affected, and 
therefore addressed through this [EASA] AD.
    For the reasons described above, this [EASA] AD (http://ad.easa.europa.eu/ad/2013-0188) 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 by searching for and locating it in Docket No. 
FAA-2014-0055.

Relevant Service Information

    Airbus has issued Service Bulletin A310-28-2145, Revision 01, dated 
March 4, 2003. 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 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 2 airplanes of U.S. 
registry.
    We also estimate that it would take about 8 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $1,360, or $680 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD. We have no way of determining the number of products that may need 
these actions.

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.

[[Page 10433]]

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

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):

Airbus: Docket No. FAA-2014-0055; Directorate Identifier 2013-NM-
167-AD.

(a) Comments Due Date

    We must receive comments by April 11, 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.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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 by 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.

(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 by searching for and locating it in Docket No. 
FAA-2014-0055.
    (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 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.

    Issued in Renton, Washington, on February 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04000 Filed 2-24-14; 8:45 am]
BILLING CODE 4910-13-P
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