Airworthiness Directives; Airbus Model A310 Series Airplanes; and Airbus Model A300-600 Series Airplanes, 11302-11305 [E7-4534]

Download as PDF 11302 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules Table No. in document Affected areas (i) Table No. 1 ............................................................................. (ii) Table No. 2 ............................................................................ (iii) Table No. 3 ............................................................................ (iv) Table No. 3 ........................................................................... (v) Table No. 4 and Table No. 5 ................................................. (vi) Table No. 6 and Table No. 7 ................................................ (vii) Table No. 8 ........................................................................... (viii) Table No. 9 .......................................................................... (ix) Table No. 10 ......................................................................... (x) Table No. 11 .......................................................................... (xi) Table No. 12 ......................................................................... Wing, Fuselage, Fin, Tailplane, Engine mounting, Flap system Electrical Power (all Items) ......................................................... Rudder pedal/brake master cylinder attachment brackets ......... Gust lock system ......................................................................... Ice and rain protection (all items) ............................................... Landing gear (all items) .............................................................. Lighting (all items) ....................................................................... Doors (all items) .......................................................................... Fuselage (all items) ..................................................................... Stabilizers (all items) ................................................................... Wings (all items) ......................................................................... (2) The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the actions of this AD. Make an entry into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: (1) The MCAI requires you to comply with a version of a maintenance manual that changes life limits. The FAA requires such changes through a change to the Airworthiness Limitations Section of the Instructions for Continued Airworthiness or other FAA-approved maintenance document, and the FAA is mandating this through this AD. (2) We added information in paragraph (f) that allows the owner/operator to insert this information into the Airworthiness Limitations Section of the Instructions for Continued Airworthiness or other FAAapproved maintenance document. Without this information, a licensed mechanic would be required to do the action. cprice-sewell on PROD1PC66 with PROPOSALS Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, Small Airplane Directorate, ATTN: Taylor Martin, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; fax: (816) 329–4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. VerDate Aug<31>2005 15:00 Mar 12, 2007 Jkt 211001 Related Information (h) Refer to MCAI Civil Aviation Authority AD No. G–2004–0024, Issue Date: September 22, 2004, EASA approved on September 16, 2004, under approval number 2004–9648, for related information. Issued in Kansas City, Missouri, on March 6, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–4518 Filed 3–12–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–27361; Directorate Identifier 2006–NM–237–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Model A310 Series Airplanes; and Airbus Model A300–600 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as explosion risks. Chafing of the fuel pump cables could result in short circuits leading to fuel pump failure, intermittent operation, arcing, and possible fuel tank explosion. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by April 12, 2007. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 AD applies Yes. No. Yes. No. No. Yes. No. Yes. Yes. Yes. Yes. You may send comments by any of the following methods: • DOT Docket Web Site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Fax: (202) 493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • 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. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. ADDRESSES: Examining the AD Docket You may examine the AD docket on the Internet at https://dms.dot.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– 5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. cprice-sewell on PROD1PC66 with PROPOSALS 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–2007–27361; Directorate Identifier 2006–NM–237–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 https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2006–0284 R1, dated February 13, 2007 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states that the FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01–L296, dated March 4, 2002, and 04/00/02/07/03– L024, dated February 3, 2003, the JAA (Joint Aviation Authorities) recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 7,500 pounds (3,402 kilograms) or more, which have received their certification since January 1, 1958, are required to conduct a design review against explosion risks. The MCAI design review found that fuel pump cables can possibly become VerDate Aug<31>2005 15:00 Mar 12, 2007 Jkt 211001 chafed in their metallic conduits. The chafing of the fuel pump cables can result in short circuits leading to fuel pump failure, intermittent operation, arcing, and possible fuel tank explosion. The MCAI, which requires modification of the fuel pump wiring against short circuits, is a consequence of this design review. You may obtain further information by examining the MCAI in the AD docket. 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 11303 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. Relevant Service Information Airbus has issued Service Bulletins A300–24–6094, Revision 01, dated July 18, 2006; and A310–24–2097, Revision 01, dated October 11, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the proposed AD. These requirements, if E:\FR\FM\13MRP1.SGM 13MRP1 11304 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules ultimately adopted, will take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 205 products of U.S. registry. We also estimate that it would take about 72 work-hours per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $7,190 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,654,750, or $12,950 per product. 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. cprice-sewell on PROD1PC66 with PROPOSALS 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 15:00 Mar 12, 2007 Jkt 211001 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: 1. The authority citation for part 39 continues to read as follows: § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2007–27361; Directorate Identifier 2006–NM–237–AD. Comments Due Date (a) We must receive comments by April 12, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A310 series airplanes; and Model A300–600 series airplanes; certificated in any category; all certified models, all serial numbers, except for aircraft which have received in production Airbus modification 13118 or Airbus Service Bulletin (SB) A310–24–2097 or A300–24–6094. Reason (d) The mandatory continuing airworthiness information (MCAI) states that the FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01–L296, dated March 4th, 2002 and 04/00/02/07/03– L024, dated February 3, 2003, the JAA (Joint Aviation Authorities) recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 7,500 pounds (3,402 kilograms) or more, which have received their certification since January 1, 1958, are required to conduct a design review against explosion risks. The MCAI design review found that fuel pump cables can possibly become chafed in their metallic conduits. The chafing of the fuel pump cables can result in short circuits leading to fuel pump failure, intermittent operation, arcing, and PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 possible fuel tank explosion. The MCAI, which requires modification of the fuel pump wiring against short circuits, is a consequence of this design review. Actions and Compliance (e) Unless already done, do the following actions. (1) Within 37 months after the effective date of this AD: Modify the inner and outer fuel pumps, route 1P and 2P harnesses in the LH (left-hand) wing and in the RH (righthand) wing in accordance with the instructions of Airbus Service Bulletins A300–24–6094, dated February 15, 2006; A300–24–6094, Revision 01, dated July 18, 2006; A310–24–2097, dated February 15, 2006; or A310–24–2097, Revision 01, dated October 11, 2006; as applicable. FAA AD Differences PART 39—AIRWORTHINESS DIRECTIVES Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking VerDate Aug<31>2005 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. Note: This AD differs from the MCAI and/ or service information as follows: No differences. Other FAA AD Provisions (f) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, Attn: Tom Stafford, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057–3356, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 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. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (g) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2006– 0284 R1, dated February 13, 2007; and Airbus Service Bulletins A300–24–6094, dated February 15, 2006; A300–24–6094, Revision 01, dated July 18, 2006; A310–24– 2097, dated February 15, 2006; and A310– 24–2097, Revision 01, dated October 11, 2006; for related information. E:\FR\FM\13MRP1.SGM 13MRP1 Federal Register / Vol. 72, No. 48 / Tuesday, March 13, 2007 / Proposed Rules Issued in Renton, Washington, on March 7, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–4534 Filed 3–12–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2006–25852; Airspace Docket No. 06–AAL–29] RIN 2120–AA66 Proposed Modification to the Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L Offshore Airspace Areas; Alaska Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). cprice-sewell on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: This action proposes to amend the following four Offshore Airspace Areas in Alaska: Norton Sound Low, Woody Island Low, Control 1234L and Control 1487L. This action proposes to describe the airspace west of 160° W. longitude as it is currently depicted on aeronautical charts. Some of the existing controlled airspace is described as domestic Class E5 airspace around Kodiak, AK. This airspace instead would be listed within the Woody Island Low Offshore Airspace Area. The FAA is proposing this action to provide additional controlled airspace for aircraft instrument flight rules (IFR) operations, and to correctly describe the existing offshore airspace areas in FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006. DATES: Comments must be received on or before April 27, 2007. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590–0001. You must identify FAA Docket No. FAA–2006–25852 and Airspace Docket No. 06–AAL–29, at the beginning of your comments. You may also submit comments through the Internet at https://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., VerDate Aug<31>2005 15:00 Mar 12, 2007 Jkt 211001 Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2006–25852 and Airspace Docket No. 06–AAL–29) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at https://dms.dot.gov. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2006–25852 and Airspace Docket No. 06–AAL–29.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://dms.dot.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https://www.faa.gov., or the Federal Register’s Web page at https:// www.gpoaccess.gov/fr/. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 11305 may also be examined during normal business hours at the office of the Regional Air Traffic Division, Federal Aviation Administration, 222 West 7th Avenue 14, Anchorage, AK 99513. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking, (202) 267–9677, for a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to modify the Norton Sound Low, Woody Island Low, and Control 1487L Offshore Airspace Areas, AK, by lowering the floor to 1,200 feet MSL within a 45-mile radius of Hooper Bay Airport, within a 81.2-mile radius of Perryville Airport, within a 73-mile radius of Homer Airport, and within a 73-mile radius of St. Michael Airport. The proposal would also modify Control 1234L Offshore Airspace Area, AK, by lowering the floor to 1,200 feet above the surface within an 81.2-mile radius of Perryville Airport, AK. Additionally, this proposal would establish controlled airspace to support IFR operations at the Hooper Bay, Perryville, Homer and St. Michael Airports, AK. Additionally, controlled airspace extending upward from the surface, from 700 above the surface, and from 1,200 feet above the surface, would be established in Control 1234L Offshore Airspace Area. While reviewing this action, an error in the Control 1234L Offshore Airspace description in FAAO 7400.9N was discovered. The Offshore Airspace Area Control 1234L begins at and extends west of 160°00′00″ W. longitude. This airspace covers all the land west of this longitude including the Aleutian Island chain and the Pribilof Islands. Control 1234L Offshore Airspace around or near the Alaskan airports of; Adak, Atka, Cold Bay, Dutch Harbor (Unalaska), Nelson Lagoon, Sand Point, Eareckson Air Station, St. George, Port Heiden, Homer, and Chignik, would be lowered from the 2,000 feet AGL floor to incorporate Class E domestic airspace. This action is concurrent with Airspace Docket No. 06–AAL–34, proposing revocation of the domestic airspace descriptions for these airports. Additionally, the airspace description in FAA Order 7400.9P for Control 1234L should refer to altitudes from ‘‘above the surface’’. The current description erroneously uses ‘‘MSL’’ for the airspace associated with the Chignik Airport, AK. The offshore airspace described from 1,200 feet would be amended to describe it from ‘‘above the surface’’. E:\FR\FM\13MRP1.SGM 13MRP1

Agencies

[Federal Register Volume 72, Number 48 (Tuesday, March 13, 2007)]
[Proposed Rules]
[Pages 11302-11305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4534]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27361; Directorate Identifier 2006-NM-237-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes; and 
Airbus Model A300-600 Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as explosion risks. Chafing of the fuel pump cables could 
result in short circuits leading to fuel pump failure, intermittent 
operation, arcing, and possible fuel tank explosion. The proposed AD 
would require actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: We must receive comments on this proposed AD by April 12, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to  https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
dms.dot.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) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative

[[Page 11303]]

Procedure Act, and Federal Register requirements. We also continue to 
meet our technical decision-making responsibilities to identify and 
correct unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2007-
27361; Directorate Identifier 2006-NM-237-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 https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2006-0284 R1, dated February 13, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that the FAA has published SFAR 88 
(Special Federal Aviation Regulation 88). In their letters referenced 
04/00/02/07/01-L296, dated March 4, 2002, and 04/00/02/07/03-L024, 
dated February 3, 2003, the JAA (Joint Aviation Authorities) 
recommended the application of a similar regulation to the National 
Aviation Authorities (NAA). Under this regulation, all holders of type 
certificates for passenger transport aircraft with either a passenger 
capacity of 30 or more, or a payload capacity of 7,500 pounds (3,402 
kilograms) or more, which have received their certification since 
January 1, 1958, are required to conduct a design review against 
explosion risks.
    The MCAI design review found that fuel pump cables can possibly 
become chafed in their metallic conduits. The chafing of the fuel pump 
cables can result in short circuits leading to fuel pump failure, 
intermittent operation, arcing, and possible fuel tank explosion. The 
MCAI, which requires modification of the fuel pump wiring against short 
circuits, is a consequence of this design review. You may obtain 
further information by examining the MCAI in the AD docket.
    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.
    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.

Relevant Service Information

    Airbus has issued Service Bulletins A300-24-6094, Revision 01, 
dated July 18, 2006; and A310-24-2097, Revision 01, dated October 11, 
2006. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information provided by the State of Design Authority 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if

[[Page 11304]]

ultimately adopted, will take precedence over the actions copied from 
the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 205 products of U.S. registry. We also estimate that 
it would take about 72 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $7,190 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these costs. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of the proposed AD on U.S. operators to be 
$2,654,750, or $12,950 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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 AD:

Airbus: Docket No. FAA-2007-27361; Directorate Identifier 2006-NM-
237-AD.

Comments Due Date

    (a) We must receive comments by April 12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310 series airplanes; and 
Model A300-600 series airplanes; certificated in any category; all 
certified models, all serial numbers, except for aircraft which have 
received in production Airbus modification 13118 or Airbus Service 
Bulletin (SB) A310-24-2097 or A300-24-6094.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that the FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88). In their letters referenced 04/00/02/07/01-L296, 
dated March 4th, 2002 and 04/00/02/07/03-L024, dated February 3, 
2003, the JAA (Joint Aviation Authorities) recommended the 
application of a similar regulation to the National Aviation 
Authorities (NAA). Under this regulation, all holders of type 
certificates for passenger transport aircraft with either a 
passenger capacity of 30 or more, or a payload capacity of 7,500 
pounds (3,402 kilograms) or more, which have received their 
certification since January 1, 1958, are required to conduct a 
design review against explosion risks. The MCAI design review found 
that fuel pump cables can possibly become chafed in their metallic 
conduits. The chafing of the fuel pump cables can result in short 
circuits leading to fuel pump failure, intermittent operation, 
arcing, and possible fuel tank explosion. The MCAI, which requires 
modification of the fuel pump wiring against short circuits, is a 
consequence of this design review.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within 37 months after the effective date of this AD: Modify 
the inner and outer fuel pumps, route 1P and 2P harnesses in the LH 
(left-hand) wing and in the RH (right-hand) wing in accordance with 
the instructions of Airbus Service Bulletins A300-24-6094, dated 
February 15, 2006; A300-24-6094, Revision 01, dated July 18, 2006; 
A310-24-2097, dated February 15, 2006; or A310-24-2097, Revision 01, 
dated October 11, 2006; as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
Attn: Tom Stafford, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (g) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0284 R1, dated February 13, 2007; and Airbus Service 
Bulletins A300-24-6094, dated February 15, 2006; A300-24-6094, 
Revision 01, dated July 18, 2006; A310-24-2097, dated February 15, 
2006; and A310-24-2097, Revision 01, dated October 11, 2006; for 
related information.



[[Page 11305]]


    Issued in Renton, Washington, on March 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-4534 Filed 3-12-07; 8:45 am]
BILLING CODE 4910-13-P
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