Airworthiness Directives; Airbus Model A310 and A300-600 Series Airplanes, 39307-39310 [E7-13322]
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Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
with the first 3 being the country code
(840 for the United States), the alpha
characters USA, or the numeric code
assigned to the manufacturer of the
identification device by the
International Committee on Animal
Recording.
*
*
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*
*
Official eartag. An identification tag
providing unique identification for
individual animals. An official eartag
which contains or displays an AIN with
an 840 prefix must bear the U.S. shield.
The design, size, shape, color, and other
characteristics of the official eartag will
depend on the needs of the users,
subject to the approval of the
Administrator. The official eartag must
be tamper-resistant and have a high
retention rate in the animal. Official
eartags must adhere to one of the
following numbering systems:
(1) National Uniform Eartagging
System.
(2) Animal identification number
(AIN).
(3) Premises-based number system.
The premises-based number system
combines an official premises
identification number (PIN), as defined
in this section, with a producer’s
livestock production numbering system
to provide a unique identification
number. The PIN and the production
number must both appear on the official
tag.
(4) Any other numbering system
approved by the Administrator for the
identification of animals in commerce.
*
*
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Premises identification number (PIN).
A nationally unique number assigned by
a State, Tribal, and/or Federal animal
health authority to a premises that is, in
the judgment of the State, Tribal, and/
or Federal animal health authority, a
geographically distinct location from
other premises. The premises
identification number is associated with
an address, geospatial coordinates, and/
or other location descriptors which
provide a verifiably unique location.
The premises identification number
may be used in conjunction with a
producer’s own livestock production
numbering system to provide a unique
identification number for an animal.
The premises identification number
may consist of:
(1) The State’s two-letter postal
abbreviation followed by the premises’
assigned number; or
(2) A seven-character alphanumeric
code, with the right-most character
being a check digit. The check digit
number is based upon the ISO 7064
Mod 36/37 check digit algorithm.
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Done in Washington, DC, this 12th day of
July 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–13932 Filed 7–17–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27154; Directorate
Identifier 2006–NM–139–AD; Amendment
39–15127; AD 2007–14–05]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310 and A300–600 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Model A310 and A300–600
series airplanes. This AD requires
revising the Airworthiness Limitations
section of the Instructions for Continued
Airworthiness by incorporating new and
revised certification maintenance
requirements. This AD results from the
manufacturer determining that
additional and revised certification
maintenance requirements are necessary
in order to ensure continued operational
safety of the affected airplanes. We are
issuing this AD to prevent safetysignificant latent failures that would, in
combination with one or more other
specific failures or events, result in a
hazardous or catastrophic failure
condition of avionics, hydraulic
systems, fire detection systems, fuel
systems, or other critical systems.
DATES: This AD becomes effective
August 22, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of August 22, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
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39307
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:
FOR FURTHER INFORMATION CONTACT:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The Docket
Operations office (telephone (800) 647–
5527) is located on the ground floor of
the West Building at the street address
stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Airbus Model A310
airplanes and Model A300–600 series
airplanes. That NPRM was published in
the Federal Register on February 6,
2007 (72 FR 5362). That NPRM
proposed to require revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness by incorporating new and
revised certification maintenance
requirements (CMRs).
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request for Transition Period/Grace
Period for Certain Maintenance
Significant Item (MSI) Tasks
Airbus requests that we give a
transition/grace period of approximately
2,000 flight hours (or twelve months) for
the tasks specified in MSI 78.30.00 of
the CMRs, ‘‘thrust reverser actuation
and cowling for airplanes that have
installed a third line of defense
(TLOD).’’ Airbus states that the service
bulletins that introduce the TLOD have
been available since 2001. Airbus notes
that this means that some airplanes
might have exceeded the 7,000-flighthour threshold for doing the MSI
requirements and, per the NPRM, the
actions specified in the MSI would be
required for those airplanes within 3
months after the effective date of the
AD. Based upon approximate annual
utilization data, Airbus proposes a
transition period of 2,000 flight hours or
12 months.
We agree to add a transition/grace
period for the MSI 78.30.00 tasks for the
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Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
reasons Airbus stated. We have
determined that providing this period
for the tasks specified in MSI 78.30.00,
as recommended by the manufacturer,
will not adversely affect safety. We have
added a new paragraph (g) to this AD
that gives a transition/grace period for
MSI 78.30.00 tasks, and we have revised
paragraph (f) of this AD to refer to that
new paragraph.
cprice-sewell on PROD1PC71 with RULES
Request To Allow for Adjustments of
Two Star CMRs
FedEx requests that the NPRM
include a mechanism to allow for
adjustments of two star CMRs in
accordance with an operator’s approved
escalation practices or by an approved
reliability program. FedEx states that the
NPRM would require that operators
request an alternative method of
compliance (AMOC) in order to escalate
compliance times specified in the CMRs
and this would increase the burden for
operators. In addition, FedEx believes
that any adjustments should be able to
be granted by the FAA, and not the
Direction Generale de l’Aviation Civile
(DGAC), which is the airworthiness
authority for France, as specified in the
CMRs.
We partially agree with the
commenter. As discussed in advisory
circular AC 25–19, task intervals for two
star CMRs may be adjusted using an
operator’s approved escalation practice
or an approved reliability program.
However, two star CMRs require an
FAA-approved letter for any tasks to be
changed or deleted. This AD allows
adjustments to intervals as specified in
Section 4 of the CMRs, ‘‘Handling of
Certification Maintenance
Requirements’’ and requires that the
task may not be changed or deleted
without prior approval from the aircraft
certification office (ACO) of the FAA.
Therefore, an AMOC is required for
changes to a task but not for adjustments
of the task intervals.
We agree that adjustments should be
granted by the FAA. We have revised
paragraph (f) of this AD to clarify that
‘‘where the CMRs specify to contact the
DGAC, operators are required to contact
the FAA for such approvals.’’
Request To Allow Short-Term
Extensions
FedEx requests that we allow for
exceptional short-term flight-hour or
flight-cycle extensions for specific tasks.
FedEx states that the CMRs specify
these extensions are to be submitted to
the DGAC for approval, but believes that
these extensions should be granted by
the FAA.
We partially agree with the
commenter’s request. We already allow
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for short-term extensions as specified in
the CMRs. The short-term extension
mechanism is clearly stated in Section
5 of the CMRs, ‘‘Exceptional Short-Term
Extensions.’’ It is further stated in
Section 5, that short-term extensions up
to the maximum values may be granted
without consultation with the DGAC.
Therefore, only extensions in excess of
those defined in Section 5 require
further FAA approval. In this case,
operators will need to request an AMOC
from the FAA. We have not revised this
AD in this regard.
However, as stated previously, we
have revised paragraph (f) of this AD to
clarify that where the CMRs specify to
contact the DGAC, the operators must
contact the FAA.
Request To Revise Model Designations
Air Transport Association (ATA) and
UPS request that we revise the model
designations in the NPRM. ATA notes
that because we have called out all the
Model A300–600 designations earlier in
the NPRM, we should refer to only the
Model A300–600 series aircrafts in
paragraph (f) of the NPRM. UPS points
out that the model designations for the
CMRs in paragraph (f) of the NPRM
need to be revised.
We agree to revise the model
designations. Since the NPRM was
issued, the type certificate data sheet for
the affected models has been revised.
We have revised the applicability and
model designations specified in the AD
to identify model designations as
published in the most recent type
certificate data sheet for the affected
models.
Request for Clarification of Proposed
Requirements
FedEx requests that we clarify the
proposed requirements. FedEx
questions whether revision of an
operator’s approved maintenance
program to include the latest CMR
revision would be all that is required by
the NPRM, or if individual CMR
inspections would be deemed
mandatory and therefore would require
repetitive tracking.
Concerning FedEx’s request for
clarification, we infer that the
commenter is wondering if, after
revising its copy of the Airworthiness
Limitation section, there are other
required actions such as ensuring that
the operator’s maintenance program is
updated to incorporate the actions
specified in the revised Airworthiness
Limitations. Ensuring that one’s
maintenance program and the actions of
its maintenance personnel are in
accordance with the Airworthiness
Limitations is required but not by the
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AD. Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies that no person may operate an
aircraft for which airworthiness
limitations have been issued unless
those limitations have been complied
with. Therefore, there is no need to
further expand the requirements of the
AD beyond that which was proposed
because section 91.403(c) already
imposes the appropriate required action
after the airworthiness limitations are
revised. We have not revised this AD in
this regard.
Request To Reference Later Approved
Revisions
FedEx and UPS request that we refer
to later approved revisions of the CMRs.
FedEx notes that the CMRs seem to be
revised regularly.
We cannot use the phrase ‘‘or later
FAA-approved revisions’’ in an AD
when referring to the service document
because doing so violates Office of the
Federal Register (OFR) regulations for
approval of materials ‘‘incorporated by
reference’’ in rules. In general terms, we
are required by these OFR regulations to
either publish the service document
contents as part of the actual AD
language, or submit the service
document to the OFR for approval as
‘‘referenced’’ material—in which case
we may only refer to such material in
the text of an AD. Since later approved
revisions do not exist when the rule is
issued, they cannot be submitted to the
OFR for approval. To allow operators to
use later revisions of the referenced
document (issued after publication of
the AD), either we must revise the AD
to refer to specific later revisions, or
operators must request approval to use
later revisions as an alternative method
of compliance with this AD under the
provisions of paragraph (h) of this AD.
We have not revised this AD in this
regard.
Request To Revise the Instructions in
Paragraph (f) of the NPRM
UPS requests that we revise the
instructions in paragraph (f) of the
NPRM. UPS notes that paragraph (f)
specifies to revise the Airworthiness
Limitations Section (ALS) of the
Instructions for Continued
Airworthiness. UPS states that this
document is controlled by the
manufacturer and cannot be revised by
the operator. UPS concludes that
operators cannot comply with this
proposed requirement and suggests
rewording the requirement to state,
‘‘revise the Operators Maintenance
Program.’’
We do not agree. The intent is to have
all airworthiness limitations, regardless
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Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
whether imposed by original type
certification or by later AD, located in
one immediately recognizable
document. In 1980, the FAA identified
the Airworthiness Limitations section of
the Instructions for Continued
Airworthiness as the appropriate
document. We consider that not having
all airworthiness limitations in one
document could lead to confusion as to
what is or is not a mandatory
maintenance action as identified in
Federal Aviation Regulation, part 25,
Appendix H, section H25.4. This is the
basis of our requirement to have each
operator maintain a current copy of the
Airworthiness Limitations section. Each
operator is provided with a copy of the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness and it is the operator’s
copy that this AD requires to be revised
to incorporate the latest revisions
provided by the manufacturer. We have
not revised this AD in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
39309
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this AD.
ESTIMATED COSTS
Action
Work hours
Average
labor rate
per hour
Cost per
airplane
Number of
U.S.registered
airplanes
Fleet cost
Revision of maintenance program .......................................
1
$80
$80
203
$16,240
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.
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Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
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 this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
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(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 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, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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):
I
2007–14–05 Airbus: Amendment 39–15127.
Docket No. FAA–2007–27154;
Directorate Identifier 2006–NM–139–AD.
Effective Date
(a) This AD becomes effective August 22,
2007.
Affected ADs
(b) None.
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Applicability
(c) This AD applies to all Airbus Model
A310 series airplanes and Model A300–600
series airplanes, certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these actions 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, the operator
may not be able to accomplish the
inspections 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 (h) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued damage tolerance of the affected
structure. The FAA has provided guidance
for this determination in Advisory Circular
(AC) 25.1529–1.
Unsafe Condition
(d) This AD results from the manufacturer
determining that additional and revised
certification maintenance requirements are
necessary in order to ensure continued
operational safety of the affected airplanes.
We are issuing this AD to prevent safetysignificant latent failures that would, in
combination with one or more other specific
failures or events, result in a hazardous or
catastrophic failure condition of avionics,
hydraulic systems, fire detection systems,
fuel systems, or other critical systems.
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.
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39310
Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Rules and Regulations
Revise the Airworthiness Limitations
Section of the Instructions for Continued
Airworthiness
(f) Within three months after the effective
date of this AD, revise the Airworthiness
Limitations section of the Instructions for
Continued Airworthiness by incorporating
Airbus A300–600 Certification Maintenance
Requirements (CMRs) AI/ST5/829/85, Issue
12, dated February 2005 (for Model A300–
600 series airplanes); or Airbus A310 CMR
AI/ST5/849/85, Issue 12, dated February
2005 (for Model A310 series airplanes); as
applicable. Accomplish the actions specified
in the applicable CMRs at the intervals
specified in the applicable CMRs, except as
provided by paragraph (g) of this AD. Where
the CMRs specify to contact the Direction
´ ´
Generale de l’Aviation Civile (DGAC),
operators are required to contact the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA, for
such approvals. The actions must be
accomplished in accordance with the
applicable CMRs.
Transition/Grace Period for Maintenance
Significant Item (MSI) 78.30.00 Tasks
(g) For tasks identified in MSI 78.30.00,
‘‘Thrust Reverser Actuation and Cowling,’’ of
Section 2, ‘‘CMR ‘Two Star’ Tasks,’’ of Airbus
A300–600 CMR AI/ST5/829/85, Issue 12,
dated February 2005; and Airbus A310 CMR
AI/ST5/849/85, Issue 12, dated February
2005: The initial compliance time is within
2,000 flight cycles or 12 months after the
effective date of this AD, whichever occurs
later. Thereafter, actions identified in MSI
78.30.00 must be accomplished within the
repetitive interval specified in the applicable
CMRs. Where the CMRs specify to contact
the DGAC, operators are required to contact
the Manager, International Branch, ANM–
116, for such approvals. The actions must be
accomplished in accordance with the
applicable CMRs.
Alternative Methods of Compliance
(AMOCs)
(h)(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) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
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Related Information
(i) French airworthiness directive F–2005–
123, dated July 20, 2005, also addresses the
subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus A300–600
Certification Maintenance Requirements AI/
ST5/829/85, Issue 12, dated February 2005;
or Airbus A310 Certification Maintenance
Requirements AI/ST5/849/85, Issue 12, dated
February 2005; as applicable; to perform the
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actions that are required by this AD, unless
the AD specifies otherwise. The Director of
the Federal Register approved the
incorporation by reference of these
documents in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Contact Airbus, 1
Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service
information. You may review copies at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on June 26,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–13322 Filed 7–17–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27861 Directorate
Identifier 2007–CE–035–AD; Amendment
39–15130; AD 2007–15–01]
RIN 2120–AA64
Airworthiness Directives; British
Aerospace Regional Aircraft Jetstream
HP.137 Jetstream Mk.1, Jetstream
Series 200, Jetstream Series 3101, and
Jetstream Model 3201 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final Rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This 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:
In-service reports have been received by
BAE of failed bolts fitted to frame 199 wing
spigot post assembly. If left uncorrected
failure of these bolts will severely
compromise the structural integrity of the
wing to fuselage attachment. Failure of which
would lead to loss of the aircraft.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
August 22, 2007.
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On August 22, 2007, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at Document
Management Facility, U.S. Department
of Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4138; facsimile: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on May 18, 2007 (72 FR 28005).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
In-service reports have been received by
BAE of failed bolts fitted to frame 199 wing
spigot post assembly. If left uncorrected
failure of these bolts will severely
compromise the structural integrity of the
wing to fuselage attachment. Failure of which
would lead to loss of the aircraft. To address
these concerns, BAE issued SB 57–JA020740
original issue in February 2003 mandated by
CAA AD 006–02–2003. Recently received
additional information has caused BAE to
raise the Service Bulletin to revision 2.
Revision 2 of the SB introduces various
changes. One is substantive, it relates to the
need to check for correct washer installation.
Incorrect installation could lead to fretting
and fatigue crack initiation in the fitting
followed by failure or bending loads in the
bolt leading to failure of the affected bolts. If
left uncorrected failure of these bolts or a
wing fitting will severely compromise the
structural integrity of the wing to fuselage
attachment. Failure of which would lead to
loss of the aircraft. This substantive change
to the service bulletin necessitates the raising
of this superseding AD.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
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]]>Agencies
[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Rules and Regulations]
[Pages 39307-39310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13322]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27154; Directorate Identifier 2006-NM-139-AD;
Amendment 39-15127; AD 2007-14-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310 and A300-600 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A310 and A300-600 series airplanes. This AD requires
revising the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by incorporating new and revised certification
maintenance requirements. This AD results from the manufacturer
determining that additional and revised certification maintenance
requirements are necessary in order to ensure continued operational
safety of the affected airplanes. We are issuing this AD to prevent
safety-significant latent failures that would, in combination with one
or more other specific failures or events, result in a hazardous or
catastrophic failure condition of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems.
DATES: This AD becomes effective August 22, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 22,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this 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:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone (800) 647-5527) is
located on the ground floor of the West Building at the street address
stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Airbus Model A310
airplanes and Model A300-600 series airplanes. That NPRM was published
in the Federal Register on February 6, 2007 (72 FR 5362). That NPRM
proposed to require revising the Airworthiness Limitations section of
the Instructions for Continued Airworthiness by incorporating new and
revised certification maintenance requirements (CMRs).
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request for Transition Period/Grace Period for Certain Maintenance
Significant Item (MSI) Tasks
Airbus requests that we give a transition/grace period of
approximately 2,000 flight hours (or twelve months) for the tasks
specified in MSI 78.30.00 of the CMRs, ``thrust reverser actuation and
cowling for airplanes that have installed a third line of defense
(TLOD).'' Airbus states that the service bulletins that introduce the
TLOD have been available since 2001. Airbus notes that this means that
some airplanes might have exceeded the 7,000-flight-hour threshold for
doing the MSI requirements and, per the NPRM, the actions specified in
the MSI would be required for those airplanes within 3 months after the
effective date of the AD. Based upon approximate annual utilization
data, Airbus proposes a transition period of 2,000 flight hours or 12
months.
We agree to add a transition/grace period for the MSI 78.30.00
tasks for the
[[Page 39308]]
reasons Airbus stated. We have determined that providing this period
for the tasks specified in MSI 78.30.00, as recommended by the
manufacturer, will not adversely affect safety. We have added a new
paragraph (g) to this AD that gives a transition/grace period for MSI
78.30.00 tasks, and we have revised paragraph (f) of this AD to refer
to that new paragraph.
Request To Allow for Adjustments of Two Star CMRs
FedEx requests that the NPRM include a mechanism to allow for
adjustments of two star CMRs in accordance with an operator's approved
escalation practices or by an approved reliability program. FedEx
states that the NPRM would require that operators request an
alternative method of compliance (AMOC) in order to escalate compliance
times specified in the CMRs and this would increase the burden for
operators. In addition, FedEx believes that any adjustments should be
able to be granted by the FAA, and not the Direction Generale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, as specified in the CMRs.
We partially agree with the commenter. As discussed in advisory
circular AC 25-19, task intervals for two star CMRs may be adjusted
using an operator's approved escalation practice or an approved
reliability program. However, two star CMRs require an FAA-approved
letter for any tasks to be changed or deleted. This AD allows
adjustments to intervals as specified in Section 4 of the CMRs,
``Handling of Certification Maintenance Requirements'' and requires
that the task may not be changed or deleted without prior approval from
the aircraft certification office (ACO) of the FAA. Therefore, an AMOC
is required for changes to a task but not for adjustments of the task
intervals.
We agree that adjustments should be granted by the FAA. We have
revised paragraph (f) of this AD to clarify that ``where the CMRs
specify to contact the DGAC, operators are required to contact the FAA
for such approvals.''
Request To Allow Short-Term Extensions
FedEx requests that we allow for exceptional short-term flight-hour
or flight-cycle extensions for specific tasks. FedEx states that the
CMRs specify these extensions are to be submitted to the DGAC for
approval, but believes that these extensions should be granted by the
FAA.
We partially agree with the commenter's request. We already allow
for short-term extensions as specified in the CMRs. The short-term
extension mechanism is clearly stated in Section 5 of the CMRs,
``Exceptional Short-Term Extensions.'' It is further stated in Section
5, that short-term extensions up to the maximum values may be granted
without consultation with the DGAC. Therefore, only extensions in
excess of those defined in Section 5 require further FAA approval. In
this case, operators will need to request an AMOC from the FAA. We have
not revised this AD in this regard.
However, as stated previously, we have revised paragraph (f) of
this AD to clarify that where the CMRs specify to contact the DGAC, the
operators must contact the FAA.
Request To Revise Model Designations
Air Transport Association (ATA) and UPS request that we revise the
model designations in the NPRM. ATA notes that because we have called
out all the Model A300-600 designations earlier in the NPRM, we should
refer to only the Model A300-600 series aircrafts in paragraph (f) of
the NPRM. UPS points out that the model designations for the CMRs in
paragraph (f) of the NPRM need to be revised.
We agree to revise the model designations. Since the NPRM was
issued, the type certificate data sheet for the affected models has
been revised. We have revised the applicability and model designations
specified in the AD to identify model designations as published in the
most recent type certificate data sheet for the affected models.
Request for Clarification of Proposed Requirements
FedEx requests that we clarify the proposed requirements. FedEx
questions whether revision of an operator's approved maintenance
program to include the latest CMR revision would be all that is
required by the NPRM, or if individual CMR inspections would be deemed
mandatory and therefore would require repetitive tracking.
Concerning FedEx's request for clarification, we infer that the
commenter is wondering if, after revising its copy of the Airworthiness
Limitation section, there are other required actions such as ensuring
that the operator's maintenance program is updated to incorporate the
actions specified in the revised Airworthiness Limitations. Ensuring
that one's maintenance program and the actions of its maintenance
personnel are in accordance with the Airworthiness Limitations is
required but not by the AD. Section 91.403(c) of the Federal Aviation
Regulations (14 CFR 91.403(c)) specifies that no person may operate an
aircraft for which airworthiness limitations have been issued unless
those limitations have been complied with. Therefore, there is no need
to further expand the requirements of the AD beyond that which was
proposed because section 91.403(c) already imposes the appropriate
required action after the airworthiness limitations are revised. We
have not revised this AD in this regard.
Request To Reference Later Approved Revisions
FedEx and UPS request that we refer to later approved revisions of
the CMRs. FedEx notes that the CMRs seem to be revised regularly.
We cannot use the phrase ``or later FAA-approved revisions'' in an
AD when referring to the service document because doing so violates
Office of the Federal Register (OFR) regulations for approval of
materials ``incorporated by reference'' in rules. In general terms, we
are required by these OFR regulations to either publish the service
document contents as part of the actual AD language, or submit the
service document to the OFR for approval as ``referenced'' material--in
which case we may only refer to such material in the text of an AD.
Since later approved revisions do not exist when the rule is issued,
they cannot be submitted to the OFR for approval. To allow operators to
use later revisions of the referenced document (issued after
publication of the AD), either we must revise the AD to refer to
specific later revisions, or operators must request approval to use
later revisions as an alternative method of compliance with this AD
under the provisions of paragraph (h) of this AD. We have not revised
this AD in this regard.
Request To Revise the Instructions in Paragraph (f) of the NPRM
UPS requests that we revise the instructions in paragraph (f) of
the NPRM. UPS notes that paragraph (f) specifies to revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness. UPS states that this document is controlled by
the manufacturer and cannot be revised by the operator. UPS concludes
that operators cannot comply with this proposed requirement and
suggests rewording the requirement to state, ``revise the Operators
Maintenance Program.''
We do not agree. The intent is to have all airworthiness
limitations, regardless
[[Page 39309]]
whether imposed by original type certification or by later AD, located
in one immediately recognizable document. In 1980, the FAA identified
the Airworthiness Limitations section of the Instructions for Continued
Airworthiness as the appropriate document. We consider that not having
all airworthiness limitations in one document could lead to confusion
as to what is or is not a mandatory maintenance action as identified in
Federal Aviation Regulation, part 25, Appendix H, section H25.4. This
is the basis of our requirement to have each operator maintain a
current copy of the Airworthiness Limitations section. Each operator is
provided with a copy of the Airworthiness Limitations section of the
Instructions for Continued Airworthiness and it is the operator's copy
that this AD requires to be revised to incorporate the latest revisions
provided by the manufacturer. We have not revised this AD in this
regard.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Cost per registered Fleet cost
rate per hour airplane airplanes
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Revision of maintenance program.................................... 1 $80 $80 203 $16,240
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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 AD will not have federalism
implications under Executive Order 13132. This AD will 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-14-05 Airbus: Amendment 39-15127. Docket No. FAA-2007-27154;
Directorate Identifier 2006-NM-139-AD.
Effective Date
(a) This AD becomes effective August 22, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A310 series airplanes
and Model A300-600 series airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these actions 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, the operator may not be able to
accomplish the inspections 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 (h) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25.1529-1.
Unsafe Condition
(d) This AD results from the manufacturer determining that
additional and revised certification maintenance requirements are
necessary in order to ensure continued operational safety of the
affected airplanes. We are issuing this AD to prevent safety-
significant latent failures that would, in combination with one or
more other specific failures or events, result in a hazardous or
catastrophic failure condition of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems.
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.
[[Page 39310]]
Revise the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness
(f) Within three months after the effective date of this AD,
revise the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by incorporating Airbus A300-600
Certification Maintenance Requirements (CMRs) AI/ST5/829/85, Issue
12, dated February 2005 (for Model A300-600 series airplanes); or
Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005 (for
Model A310 series airplanes); as applicable. Accomplish the actions
specified in the applicable CMRs at the intervals specified in the
applicable CMRs, except as provided by paragraph (g) of this AD.
Where the CMRs specify to contact the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), operators are
required to contact the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA, for such approvals. The actions
must be accomplished in accordance with the applicable CMRs.
Transition/Grace Period for Maintenance Significant Item (MSI) 78.30.00
Tasks
(g) For tasks identified in MSI 78.30.00, ``Thrust Reverser
Actuation and Cowling,'' of Section 2, ``CMR `Two Star' Tasks,'' of
Airbus A300-600 CMR AI/ST5/829/85, Issue 12, dated February 2005;
and Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005:
The initial compliance time is within 2,000 flight cycles or 12
months after the effective date of this AD, whichever occurs later.
Thereafter, actions identified in MSI 78.30.00 must be accomplished
within the repetitive interval specified in the applicable CMRs.
Where the CMRs specify to contact the DGAC, operators are required
to contact the Manager, International Branch, ANM-116, for such
approvals. The actions must be accomplished in accordance with the
applicable CMRs.
Alternative Methods of Compliance (AMOCs)
(h)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(i) French airworthiness directive F-2005-123, dated July 20,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus A300-600 Certification Maintenance
Requirements AI/ST5/829/85, Issue 12, dated February 2005; or Airbus
A310 Certification Maintenance Requirements AI/ST5/849/85, Issue 12,
dated February 2005; as applicable; to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service information. You may
review copies at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on June 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-13322 Filed 7-17-07; 8:45 am]
BILLING CODE 4910-13-P
