Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes), 75145-75147 [E6-21262]
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75145
Proposed Rules
Federal Register
Vol. 71, No. 240
Thursday, December 14, 2006
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26120; Directorate
Identifier 2006–NM–184–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 B4–600, B4–600R, and F4–600R
Series Airplanes and Model C4–605R
Variant F Airplanes (Collectively Called
A300–600 Series Airplanes)
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
jlentini on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Model A300–600 series
airplanes. This proposed AD would
require revising the Airworthiness
Limitations Section of the Instructions
for Continued Airworthiness to
incorporate new limitations for fuel tank
systems. This proposed AD results from
fuel system reviews conducted by the
manufacturer. We are proposing this AD
to prevent the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel vapors
caused by latent failures, alterations,
repairs, or maintenance actions, could
result in fuel tank explosions and
consequent loss of the airplane.
DATES: We must receive comments on
this proposed AD by January 16, 2007.
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
VerDate Aug<31>2005
17:28 Dec 13, 2006
Jkt 211001
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• 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.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom
Stafford, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1622;
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 in the
ADDRESSES section. Include the docket
number ‘‘FAA–2006–26120; Directorate
Identifier 2006-NM–184–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 received 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 that web
site, 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 may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit https://
dms.dot.gov.
Examining the Docket
You may 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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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 Docket
Management System receives them.
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:
E:\FR\FM\14DEP1.SGM
14DEP1
75146
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules
jlentini on PROD1PC65 with PROPOSAL
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.
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 co-operate 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 European Aviation Safety Agency
(EASA), which is the airworthiness
authority for the European Union,
notified us that an unsafe condition may
exist on all Airbus Model A300 B4–600,
B4–600R, and F4–600R series airplanes
and Model C4–605R Variant F airplanes
(collectively called A300–600 series
airplanes). The EASA advises that
Airbus has issued new fuel
airworthiness limitations (FALs) to
address failure conditions for which an
unacceptable probability of ignition risk
could exist if specific tasks or practices
or both are not performed in accordance
with the manufacturer’s requirements.
The new FALs are intended to satisfy
the JAA’s Interim Policy of Fuel Tank
Safety and SFAR 88 requirements.
Relevant Service Information
Airbus has issued A300–600 ALS—
Airworthiness Limitations Section,
dated May 31, 2006, which is a
repository for stand-alone documents
that are approved independently from
each other. The Airbus A300–600 ALS
comprises the following documents:
• ALS Part 1—Safe Life Airworthiness
Limitation Items
• ALS Part 2—Damage-Tolerant
Airworthiness Limitation Items
• ALS Part 3—Certification
Maintenance Requirements
• ALS Part 4—Aging Systems
Maintenance
• ALS Part 5—Fuel Airworthiness
Limitations
ALS Part 5—Fuel Airworthiness
Limitations, dated May 31, 2006, refers
VerDate Aug<31>2005
17:28 Dec 13, 2006
Jkt 211001
to Airbus A300–600 Fuel Airworthiness
Limitations, Document 95A.1929/05,
Issue 1, dated December 19, 2005
(approved by the EASA on March 13,
2006). Section 1, ‘‘Maintenance/
Inspection Tasks,’’ of Document
95A.1929/05 describes certain FAL
inspections, which are periodic
inspections of certain features for latent
failures that could contribute to an
ignition source. Section 2, ‘‘Critical
Design Configuration Control
Limitations,’’ of Document 95A.1929/05
identifies critical design configuration
control limitations (CDCCLs). A CDCCL
is a limitation requirement 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 change that may be
caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. The EASA mandated the
service information and issued
airworthiness directive 2006–0201,
dated July 11, 2006, to ensure the
continued airworthiness of these
airplanes in the European Union.
FAA’s Determination and Requirements
of the Proposed AD
These airplane models are
manufactured in France and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. As described in FAA Order
8100.14A, ‘‘Interim Procedures for
Working with the European Community
on Airworthiness Certification and
Continued Airworthiness,’’ dated
August 12, 2005, the EASA has kept the
FAA informed of the situation described
above. We have examined the EASA’s
findings, evaluated all pertinent
information, and determined that we
need to issue an AD for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would require revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems.
Costs of Compliance
This proposed AD would affect about
138 airplanes of U.S. registry. The
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
proposed actions would take about 2
work hours per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$22,080, or $160 per airplane.
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
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 and placed it in the
AD docket. 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,
E:\FR\FM\14DEP1.SGM
14DEP1
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules
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 Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Airbus: Docket No. FAA–2006–26120;
Directorate Identifier 2006–NM–184–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model
A300 B4–601, B4–603, B4–620, and B4–622
airplanes; Model A300 B4–605R and B4–
622R airplanes; Model A300 F4–605R and
F4–622R airplanes; and Model A300 C4–
605R Variant F airplanes; certificated in any
category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections and critical design
configuration control limitations (CDCCLs).
Compliance with the operator maintenance
documents 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 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 (j) of this
AD. The request should include a description
of changes to the required inspections and
CDCCLs that will preserve the critical
ignition source prevention feature of the
affected fuel system.
jlentini on PROD1PC65 with PROPOSAL
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent the potential
of ignition sources inside fuel tanks, which,
in combination with flammable fuel vapors
caused by latent failures, alterations, repairs,
or maintenance actions, could result in fuel
tank explosions and consequent loss of the
airplane.
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.
VerDate Aug<31>2005
17:28 Dec 13, 2006
Jkt 211001
Revise Airworthiness Limitations Section
(ALS) To Incorporate Fuel Maintenance and
Inspection Tasks
(f) Within 3 months after the effective date
of this AD, revise the ALS of the Instructions
for Continued Airworthiness to incorporate
Airbus A300–600 ALS Part 5—Fuel
Airworthiness Limitations, dated May 31,
2006, as defined in Airbus A300–600 Fuel
Airworthiness Limitations, Document
95A.1929/05, Issue 1, dated December 19,
2005 (approved by the European Aviation
Safety Agency (EASA) on March 13, 2006),
Section 1, ‘‘Maintenance/Inspection Tasks.’’
For all tasks identified in Section 1 of
Document 95A.1929/05, the initial
compliance times start from the effective date
of this AD and must be accomplished within
the repetitive interval specified in Section 1
of Document 95A.1929/05, except as
provided by paragraph (g) of this AD.
Initial Compliance Time for Task 28–18–00–
03–1
(g) For Task 28–18–00–03–1, ‘‘Operational
check of lo-level/underfull/calibration
sensors,’’ identified in Section 1,
‘‘Maintenance/Inspection Tasks,’’ of Airbus
A300–600 Fuel Airworthiness Limitations,
Document 95A.1929/05, Issue 1, dated
December 19, 2005: The initial compliance
time is the later of the times specified in
paragraphs (g)(1) and (g)(2) of this AD.
Thereafter, Task 28–18–00–03–1 must be
accomplished within the repetitive interval
specified in Section 1 of Document
95A.1929/05.
(1) Prior to the accumulation of 34,000
total flight hours.
(2) Within 72 months or 20,000 flight hours
after the effective date of this AD, whichever
occurs first.
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective
date of this AD, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate Airbus A300–600 ALS Part 5—
Fuel Airworthiness Limitations, dated May
31, 2006, as defined in Airbus A300–600
Fuel Airworthiness Limitations, Document
95A.1929/05, Issue 1, dated December 19,
2005 (approved by the EASA on March 13,
2006), Section 2, ‘‘Critical Design
Configuration Control Limitations.’’
No Alternative Inspections, Inspection
Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of
this AD: After accomplishing the actions
specified in paragraphs (f) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used.
Alternative Methods of Compliance
(AMOCs)
(j)(1) 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.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
75147
Related Information
(k) EASA airworthiness directive 2006–
0201, dated July 11, 2006, also addresses the
subject of this AD.
Issued in Renton, Washington, on October
17, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–21262 Filed 12–13–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 312
[Docket No. 2006N–0062]
RIN 0910–AF14
Expanded Access to Investigational
Drugs for Treatment Use
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is proposing to
amend its regulations on access to
investigational new drugs for the
treatment of patients. The proposed rule
would clarify existing regulations and
add new types of expanded access for
treatment use. Under the proposal,
expanded access to investigational
drugs for treatment use would be
available to individual patients,
including in emergencies; intermediatesize patient populations; and larger
populations under a treatment protocol
or treatment investigational new drug
application (IND). The proposed rule is
intended to improve access to
investigational drugs for patients with
serious or immediately life-threatening
diseases or conditions, who lack other
therapeutic options and who may
benefit from such therapies.
DATES: Submit written or electronic
comments by March 14, 2007. Submit
written comments on the information
collection requirements by January 16,
2007.
ADDRESSES: You may submit comments,
identified by Docket No. 2006N–0062
and RIN 0910–AF14, by any of the
following methods:
Electronic Submissions
Submit electronic comments in the
following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
E:\FR\FM\14DEP1.SGM
14DEP1
Agencies
[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Proposed Rules]
[Pages 75145-75147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21262]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 /
Proposed Rules
[[Page 75145]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26120; Directorate Identifier 2006-NM-184-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and
F4-600R Series Airplanes and Model C4-605R Variant F Airplanes
(Collectively Called A300-600 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 A300-600 series airplanes. This proposed AD would
require revising the Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. This proposed AD results from fuel system
reviews conducted by the manufacturer. We are proposing this AD to
prevent the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors caused by latent failures,
alterations, repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by January 16,
2007.
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.
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.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; 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 in the ADDRESSES section. Include the docket number ``FAA-2006-
26120; Directorate Identifier 2006-NM-184-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 received 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
that web site, 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://dms.dot.gov.
Examining the Docket
You may 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 Docket Management System
receives them.
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:
[[Page 75146]]
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.
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 co-operate 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 European Aviation Safety Agency (EASA), which is the
airworthiness authority for the European Union, notified us that an
unsafe condition may exist on all Airbus Model A300 B4-600, B4-600R,
and F4-600R series airplanes and Model C4-605R Variant F airplanes
(collectively called A300-600 series airplanes). The EASA advises that
Airbus has issued new fuel airworthiness limitations (FALs) to address
failure conditions for which an unacceptable probability of ignition
risk could exist if specific tasks or practices or both are not
performed in accordance with the manufacturer's requirements. The new
FALs are intended to satisfy the JAA's Interim Policy of Fuel Tank
Safety and SFAR 88 requirements.
Relevant Service Information
Airbus has issued A300-600 ALS--Airworthiness Limitations Section,
dated May 31, 2006, which is a repository for stand-alone documents
that are approved independently from each other. The Airbus A300-600
ALS comprises the following documents:
ALS Part 1--Safe Life Airworthiness Limitation Items
ALS Part 2--Damage-Tolerant Airworthiness Limitation Items
ALS Part 3--Certification Maintenance Requirements
ALS Part 4--Aging Systems Maintenance
ALS Part 5--Fuel Airworthiness Limitations
ALS Part 5--Fuel Airworthiness Limitations, dated May 31, 2006,
refers to Airbus A300-600 Fuel Airworthiness Limitations, Document
95A.1929/05, Issue 1, dated December 19, 2005 (approved by the EASA on
March 13, 2006). Section 1, ``Maintenance/Inspection Tasks,'' of
Document 95A.1929/05 describes certain FAL inspections, which are
periodic inspections of certain features for latent failures that could
contribute to an ignition source. Section 2, ``Critical Design
Configuration Control Limitations,'' of Document 95A.1929/05 identifies
critical design configuration control limitations (CDCCLs). A CDCCL is
a limitation requirement 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 change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued airworthiness directive 2006-0201,
dated July 11, 2006, to ensure the continued airworthiness of these
airplanes in the European Union.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. As described in FAA
Order 8100.14A, ``Interim Procedures for Working with the European
Community on Airworthiness Certification and Continued Airworthiness,''
dated August 12, 2005, the EASA has kept the FAA informed of the
situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require revising
the Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
Costs of Compliance
This proposed AD would affect about 138 airplanes of U.S. registry.
The proposed actions would take about 2 work hours per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $22,080, or
$160 per airplane.
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 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 and placed it in the AD docket. 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,
[[Page 75147]]
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Airbus: Docket No. FAA-2006-26120; Directorate Identifier 2006-NM-
184-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A300 B4-601, B4-603, B4-
620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes;
Model A300 F4-605R and F4-622R airplanes; and Model A300 C4-605R
Variant F airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and critical design
configuration control limitations (CDCCLs). Compliance with the
operator maintenance documents 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 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 (j) of this AD. The
request should include a description of changes to the required
inspections and CDCCLs that will preserve the critical ignition
source prevention feature of the affected fuel system.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors caused by latent failures, alterations,
repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.
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.
Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel
Maintenance and Inspection Tasks
(f) Within 3 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300-600 ALS Part 5--Fuel Airworthiness
Limitations, dated May 31, 2006, as defined in Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005 (approved by the European Aviation Safety Agency
(EASA) on March 13, 2006), Section 1, ``Maintenance/Inspection
Tasks.'' For all tasks identified in Section 1 of Document 95A.1929/
05, the initial compliance times start from the effective date of
this AD and must be accomplished within the repetitive interval
specified in Section 1 of Document 95A.1929/05, except as provided
by paragraph (g) of this AD.
Initial Compliance Time for Task 28-18-00-03-1
(g) For Task 28-18-00-03-1, ``Operational check of lo-level/
underfull/calibration sensors,'' identified in Section 1,
``Maintenance/Inspection Tasks,'' of Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005: The initial compliance time is the later of the
times specified in paragraphs (g)(1) and (g)(2) of this AD.
Thereafter, Task 28-18-00-03-1 must be accomplished within the
repetitive interval specified in Section 1 of Document 95A.1929/05.
(1) Prior to the accumulation of 34,000 total flight hours.
(2) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300-600 ALS Part 5--Fuel Airworthiness
Limitations, dated May 31, 2006, as defined in Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005 (approved by the EASA on March 13, 2006), Section
2, ``Critical Design Configuration Control Limitations.''
No Alternative Inspections, Inspection Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of this AD: After
accomplishing the actions specified in paragraphs (f) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
Alternative Methods of Compliance (AMOCs)
(j)(1) 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.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(k) EASA airworthiness directive 2006-0201, dated July 11, 2006,
also addresses the subject of this AD.
Issued in Renton, Washington, on October 17, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-21262 Filed 12-13-06; 8:45 am]
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