[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Proposed Rules]
[Pages 16152-16154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8081]



[[Page 16152]]

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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Airbus model series airplanes. This proposed AD would require 
revising the Airworthiness Limitations Section of the Instructions for 
Continuing Airworthiness to incorporate new fuel system limitations for 
airplanes modified in accordance with STC ST00092BO. This AD also 
requires performing a general visual inspection for tank unit 
separation and compensator separation of the: center, inner, outer fuel 
tanks, and trim fuel tanks of the tank units, and corrective actions if 
necessary. This proposed AD results from fuel system reviews conducted 
by the manufacturer. We are proposing 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: We must receive comments on this proposed AD by May 26, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Goodrich 
Corporation, Fuel and Utility Systems, 100 Panton Road, Vergennes, 
Vermont 05491-1008; telephone 802-877-4476; e-mail 
<a href="/cdn-cgi/l/email-protection#751912115b2110161d250017065b3a141e031c19191035121a1a11071c161d5b161a18"><span class="__cf_email__" data-cfemail="0d616a692359686e655d786f7e23426c667b646161684d6a6262697f646e65236e6260">[email protected]</span></a>; Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced 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.

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 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: 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: 

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-2009-0324; 
Directorate Identifier 2008-NM-186-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 because of 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 FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the 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'' 
(66 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 a 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.
    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.

Relevant Service Information

    We have reviewed Goodrich A300-600 Instructions for Continued 
Airworthiness, Document T3012-0005-0101, Revision B, dated June 12, 
2008. The document describes new airworthiness limitations (AWLs) for

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fuel tank systems. The new AWLs include:
    <bullet> AWL inspections, which are periodic inspections of certain 
features for latent failures that could contribute to an ignition 
source; and
    <bullet> Critical design configuration control limitations (CDCCL), 
which are limitation requirements to preserve a critical ignition 
source prevention feature of the fuel tank system design that is 
necessary to prevent the occurrence of an unsafe condition. The purpose 
of a CDCCL is to provide instruction to retain the critical ignition 
source prevention feature during configuration changes that may be 
caused by alterations, repairs, or maintenance actions. A CDCCL is not 
a periodic inspection.
    The instructions describe procedures to perform a general visual 
inspection (GVI) for tank unit separation and compensator separation of 
the: Center, inner, outer fuel tanks, and trim fuel tanks of the tank 
units.
    We have also reviewed Goodrich Service Bulletin 300723-0101-28-01,
    Revision 1, dated July 1, 2004. The service bulletin describes 
procedures to perform an inspection of each probe and compensator 
location for sufficient clearance to structure.

Other Related AD

    We issued AD 2004-05-05, amendment 39-13499 (69 FR 10319, March 5, 
2004) on February 20, 2004, for certain Airbus Model A300-600, A300, 
and A310 airplanes. We issued that AD to require a one-time inspection 
of the space between the fuel quantity indication probes and any 
adjacent structures for minimum clearance and corrective action if 
necessary.
    Doing inspections 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, and Goodrich Service Bulletin 
300723-0101-28-01, Revision 1, dated July 1, 2004, are acceptable 
methods of compliance for paragraphs (b) and (c) of AD 2004-05-05.

FAA's Determination and Requirements of this Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the(se) same type 
design(s). This proposed AD would require accomplishing the actions 
specified in the service information described previously, except as 
described in the ``Differences Between the Proposed AD and the Service 
Information.''

Differences Between the Proposed AD and the Service Information

    The service information does not specify initial compliance times 
for doing GVI for tank unit separation and compensator separation of 
the: center, inner, outer fuel tanks, and trim fuel tanks of the tank 
units. This AD requires an initial inspection for the GVI inspections 
within six months after the effective date of this AD.
    The service information does not include corrective actions if 
incorrect separation is found. This AD also requires, if incorrect 
separation is found, correction of 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.

Costs of Compliance

    We estimate that this proposed AD would affect 68 airplanes of U.S. 
registry. We also estimate that it would take about 8 work-hours per 
product to comply with this proposed AD. The average labor rate is $80 
per work-hour. Based on these figures, we estimate the cost of this 
proposed 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

    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), 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.

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 AD:

Simmonds Precision Products, Inc., D/B/A Goodrich Corporation Fuel & 
Utility Systems: Docket No. FAA-2009-0324; Directorate Identifier 
2008-NM-186-AD.

Comments Due Date

    (a) We must receive comments by May 26, 2009.

Affected ADs

    (b) None.

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 and critical design 
configuration control limitations (CDCCLs). Compliance with these 
inspections is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered,

[[Page 16154]]

or repaired in the areas addressed by these inspections and CDCCLs, 
the operator may not be able to accomplish the inspections and 
CDCCLs, described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), 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 and CDCCLs 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

    (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.
    (h) Within six months after the effective date of this AD, do a 
general visual inspection for tank unit separation and compensator 
separation of the: center, inner, 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, 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, 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.
    (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.

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 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 to paragraphs (b) and (c) of AD 2004-05-05, 
amendment 39-13499.
    (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 to 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.

    Issued in Renton, Washington, on April 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-8081 Filed 4-8-09; 8:45 am]
BILLING CODE 4910-13-P


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