Airworthiness Directives; Airbus Model A310 Series Airplanes, 7700-7702 [05-2886]

Download as PDF 7700 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules Inspection of Wire Bundles and Corrective Actions DEPARTMENT OF TRANSPORTATION (f) Within 60 months after the effective date of this AD: Perform a detailed inspection for chafing of the wire bundles located below the passenger compartment, above the center fuel tank, aft of station 540 to approximately station 663.75, right buttock line and left buttock line 24.50, and any applicable corrective actions, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Service Bulletin 737–28–1208, dated July 8, 2004. Any corrective actions must be done before further flight. Where the service bulletin states that repair of wire damage may be done in accordance with an ‘‘approved equivalent procedure,’’ the repair must be accomplished according to the chapter of the Boeing Standard Wiring Practices Manual specified in the service bulletin. Approved equivalent procedures may be used for removing and re-installing passenger cabin furnishings, and removing and returning power to the airplane. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ Federal Aviation Administration Adjustment/Replacement of Wire Bundle Clamps (g) After performing the actions required by paragraph (f) of this AD: Before further flight, adjust and replace, as applicable, the wire bundle clamps located aft of station 540, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Boeing Service Bulletin 737– 28–1208, dated July 8, 2004. Alternative Methods of Compliance (h) The Manager, Seattle Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Issued in Renton, Washington, on February 6, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–2836 Filed 2–14–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 14:39 Feb 14, 2005 Jkt 205001 14 CFR Part 39 [Docket No. FAA–2005–20379; Directorate Identifier 2004–NM–174–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A310 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A310 series airplanes. This proposed AD would require measuring the clearance between the compensator and the guide assembly of probe no. 1 on the outboard fuel tanks, and performing corrective actions if necessary. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent interference between the compensator and the guide assembly of probe no. 1, which could create an ignition source that could result in a fire or explosion. DATES: We must receive comments on this proposed AD by March 17, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 This docket number is FAA–2005– 20379; the directorate identifier for this docket is 2004–NM–174–AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20379; Directorate Identifier 2004–NM–174–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of our docket website, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. Discussion The FAA has examined the underlying safety issues involved in recent fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the E:\FR\FM\15FEP1.SGM 15FEP1 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules 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’’ (67 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 another latent condition(s), and in-service failure 7701 experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. The Joint Aviation Authorities (JAA) has issued a regulation that is similar to SFAR 88. (The JAA is an associated body of the European Civil Aviation Conference (ECAC) representing the civil aviation regulatory authorities of a number of European States who have agreed to cooperate in developing and implementing common safety regulatory standards and procedures.) Under this regulation, the JAA stated that all members of the ECAC that hold type certificates for transport category airplanes are required to conduct a design review against explosion risks. 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. ´ ´ The Direction Generale de l’Aviation Civile (DGAC), which is the airworthiness authority for France, notified us that an unsafe condition may exist on all Airbus Model A310 series airplanes. The DGAC advises that a design review has revealed the potential for insufficient clearance between the compensator and the guide assembly of probe no. 1 on the outboard fuel tanks. Also, the clearance on probe no. 1 of the left-hand outboard fuel tank may be different than on probe no. 1 of the right-hand outboard fuel tanks. This condition, if not corrected, could cause interference between the compensator and the guide assembly of probe no. 1, which could create an ignition source that could result in a fire or explosion. The service bulletin describes procedures for measuring the clearance between the compensator and the guide assembly of probe no. 1 on the left- and right-hand outboard fuel tanks, and performing corrective action if the clearance is less than 3 mm. The corrective action consists of modifying the guide assembly of probe no. 1 to ensure that there is 3 mm of clearance or more between the compensator and the guide assembly. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the service information and issued French airworthiness directive F–2004–125, dated July 21, 2004, to ensure the continued airworthiness of these airplanes in France. Relevant Service Information The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Airbus has issued Service Bulletin A310–28–2152, dated January 12, 2004. FAA’s Determination and Requirements of the Proposed AD This airplane model is manufactured in France and is type certificated for operation in the United States under the provisions of § 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC’s findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance ESTIMATED COSTS Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection ................................................. 2 $65 None $130 59 $7,670 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. VerDate jul<14>2003 14:39 Feb 14, 2005 Jkt 205001 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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 have determined that this proposed AD would not have federalism implications under Executive Order E:\FR\FM\15FEP1.SGM 15FEP1 7702 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules 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 that the 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. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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 airworthiness directive (AD): Airbus: Docket No. FAA–2005–20379; Directorate Identifier 2004–NM–174–AD. Comments Due Date (a) The Federal Aviation Administration must receive comments on this AD action by March 17, 2005. Affected ADs (b) None. Measurement (f) Within 4,000 flight hours after the effective date of this AD, measure the clearance between the compensator and the guide assembly of probe no. 1 on the left- and right-hand outboard fuel tanks, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A310–28–2152, dated January 12, 2004. If the clearance between the compensator and the guide assembly is less than 3 mm, before further flight, modify the guide assembly of probe no. 1 to provide clearance of 3 mm or more between the compensator and the guide assembly, in accordance with the Accomplishment Instructions of the service bulletin. Parts Installation (g) As of the effective date of this AD, no person may install probe no. 1 on the left- or right-hand outboard fuel tank unless the requirements of paragraph (f) of this AD have been accomplished. Alternative Methods of Compliance (AMOCs) (h) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Related Information (i) French airworthiness directive F–2004– 125, dated July 21, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on February 9, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–2886 Filed 2–14–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD01–05–005] Applicability (c) This AD applies to all Airbus Model 310 series airplanes, certificated in any category. Unsafe Condition (d) This AD was prompted by the results of fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent interference between the compensator and the guide assembly of probe no. 1, which could create an ignition source that could result in a fire or explosion. VerDate jul<14>2003 Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. 14:39 Feb 14, 2005 Jkt 205001 RIN 1625–AA08 Special Local Regulations for Marine Event; Manhattan College Invitational Regatta, Harlem River, New York, NY Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Coast Guard proposes to establish a temporary special local regulation for a regatta located on the Harlem River. This proposed action PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 would protect life and property on the navigable waters of the United States during the event. This action would restrict vessel traffic in a portion of the Harlem River, New York, NY, during the event. DATES: Comments and related material must reach the Coast Guard on or before March 17, 2005. ADDRESSES: You may mail comments and related material to Waterways Oversight Branch, Coast Guard Activities New York, 212 Coast Guard Drive, Room 203, Staten Island, NY 10305, or hand deliver them between the hours of 8 a.m. and 3 p.m., at the same address above, Monday through Friday, except Federal holidays. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD01–05–005 and are available for inspection or copying at the address indicated above between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton, Waterways Oversight Branch, Coast Guard Activities New York (718) 354– 4191. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (CGD01–05–005), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. If, as we anticipate, we make this temporary final rule effective less than 30 days after publication in the Federal Register, we will explain in that publication, as required by 5 U.S.C. (d)(3), our good cause for doing so. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the Waterways Management Division at the address under ADDRESSES explaining why one would be beneficial. If we E:\FR\FM\15FEP1.SGM 15FEP1

Agencies

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7700-7702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2886]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20379; Directorate Identifier 2004-NM-174-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Model A310 series airplanes. This proposed AD would 
require measuring the clearance between the compensator and the guide 
assembly of probe no. 1 on the outboard fuel tanks, and performing 
corrective actions if necessary. This proposed AD is prompted by the 
results of fuel system reviews conducted by the manufacturer. We are 
proposing this AD to prevent interference between the compensator and 
the guide assembly of probe no. 1, which could create an ignition 
source that could result in a fire or explosion.

DATES: We must receive comments on this proposed AD by March 17, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to  https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20379; the directorate identifier for this 
docket is 2004-NM-174-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20379; 
Directorate Identifier 2004-NM-174-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket website, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the

[[Page 7701]]

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'' (67 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 another 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.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to cooperate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    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.
    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Airbus Model A310 series airplanes. 
The DGAC advises that a design review has revealed the potential for 
insufficient clearance between the compensator and the guide assembly 
of probe no. 1 on the outboard fuel tanks. Also, the clearance on probe 
no. 1 of the left-hand outboard fuel tank may be different than on 
probe no. 1 of the right-hand outboard fuel tanks. This condition, if 
not corrected, could cause interference between the compensator and the 
guide assembly of probe no. 1, which could create an ignition source 
that could result in a fire or explosion.

Relevant Service Information

    Airbus has issued Service Bulletin A310-28-2152, dated January 12, 
2004. The service bulletin describes procedures for measuring the 
clearance between the compensator and the guide assembly of probe no. 1 
on the left- and right-hand outboard fuel tanks, and performing 
corrective action if the clearance is less than 3 mm. The corrective 
action consists of modifying the guide assembly of probe no. 1 to 
ensure that there is 3 mm of clearance or more between the compensator 
and the guide assembly. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. The DGAC mandated the service information and issued French 
airworthiness directive F-2004-125, dated July 21, 2004, to ensure the 
continued airworthiness of these airplanes in France.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................................               2              $65             None             $130               59           $7,670
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 have determined that this proposed AD would not have federalism 
implications under Executive Order

[[Page 7702]]

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 that the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 
airworthiness directive (AD):

Airbus: Docket No. FAA-2005-20379; Directorate Identifier 2004-NM-
174-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by March 17, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model 310 series airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by the results of fuel system reviews 
conducted by the manufacturer. We are issuing this AD to prevent 
interference between the compensator and the guide assembly of probe 
no. 1, which could create an ignition source that could result in a 
fire or explosion.

Compliance

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

Measurement

    (f) Within 4,000 flight hours after the effective date of this 
AD, measure the clearance between the compensator and the guide 
assembly of probe no. 1 on the left- and right-hand outboard fuel 
tanks, in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A310-28-2152, dated January 12, 2004. If the 
clearance between the compensator and the guide assembly is less 
than 3 mm, before further flight, modify the guide assembly of probe 
no. 1 to provide clearance of 3 mm or more between the compensator 
and the guide assembly, in accordance with the Accomplishment 
Instructions of the service bulletin.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
probe no. 1 on the left- or right-hand outboard fuel tank unless the 
requirements of paragraph (f) of this AD have been accomplished.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (i) French airworthiness directive F-2004-125, dated July 21, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 9, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2886 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-13-P
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