Airworthiness Directives; Airbus Model A300 Series Airplanes, 60240-60243 [E7-20820]
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60240
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
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 FAA amends § 39.13 by adding
the following new AD:
I
2007–22–04 Airbus: Amendment 39–15240.
Docket No. FAA–2007–0073; Directorate
Identifier 2007–NM–229–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective November 8, 2007.
Note 3: This AD differs from the MCAI
and/or service information as follows: No
differences.
Applicability
(c) This AD applies to all Airbus Model
A330 airplanes, certificated in any category,
all certified models, all serial numbers.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continued airworthiness
information (MCAI) states:
During cruise, an A330 operator
experienced a LH (left-hand) wing tank pump
#1 low pressure message followed
immediately by LH wing tank stand-by pump
low pressure message, then LH wing tank
pumps low pressure message. The flight crew
opened the cross-feed valve to feed the
engine on LH wing from RH (right-hand)
wing but RH wing tank pumps low-pressure
message was displayed as well as advisory
unbalanced fuel message. It was reported that
the cross-feed was closed in accordance with
applicable procedure and the aircraft was
landed successfully.
It has been identified that both engines
were gravity fed above the certified gravity
feed ceiling for a brief period of time.
It has been confirmed following fuel tank
entry that outlet of the LH pump #2 canister
had broken due to static overload.
If this situation is not corrected, it can lead
to the loss of fuel on both engines in flight
which constitutes an unsafe condition.
To prevent a dual engine flameout, this
Emergency Airworthiness Directive (EAD)
mandates an operational procedure which
covers the scenario of small or large engine
feed line ruptures and to add also a method
to recover fuel in the unlikely event that the
engine on the affected wing fails to restart at
or below the gravity feed ceiling.
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Note 2: This AFM TR will be incorporated
in another AFM TR associated to the
introduction of Flight Warning Computer T2
standard.
FAA AD Differences
Affected ADs
(b) None.
Actions and Compliance
(f) Within 10 days after the effective date
of this AD, unless already done, revise the
Procedures and Emergency sections of the
Airbus A330 Airplane Flight Manual (AFM)
to include the information in Airbus A330
Temporary Revision (TR) 4.02.00/39, dated
June 21, 2007. The TR revises the procedure
to follow in the event of fuel pump low
pressure warnings and adds operational
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procedures to follow in the event of a feed
fuel line rupture.
Note 1: The action required by paragraph
(f) of this AD may be done by inserting into
the appropriate AFM sections a copy of the
TR listed in paragraph (f) of this AD. When
this TR has been included in the general
revisions of the AFM, the general revisions
may be inserted into the AFM, provided the
relevant information in the general revision
is identical to that in the TR listed in
paragraph (f) of this AD.
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Jkt 214001
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM 116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tim Backman,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone (425)
227–2797; fax (425) 227–1149. 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.
(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
(h) Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Aviation Safety Agency Emergency
Airworthiness Directive 2007–0216–E, dated
August 8, 2007, and Airbus A330 Temporary
Revision 4.02.00/39, dated June 21, 2007, to
the Airbus A330 AFM, for related
information.
Material Incorporated by Reference
(i) You must use Airbus A330 Temporary
Revision 4.02.00/39, dated June 21, 2007, to
the Airbus A330 Airplane Flight Manual, to
do the actions required by this AD, unless the
AD specifies otherwise. (The issue date is
PO 00000
Frm 00014
Fmt 4700
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identified only on the first page of the
temporary revision; no other page of the
document contains the date.)
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France.
(3) 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 October
12, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–20817 Filed 10–23–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27927; Directorate
Identifier 2006–NM–182–AD; Amendment
39–15239; AD 2007–22–03]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 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 A300 series airplanes.
This AD requires revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. This
AD results from fuel system reviews
conducted by the manufacturer. We are
issuing this AD to prevent the potential
of ignition sources inside fuel tanks,
which, in combination with flammable
fuel vapors caused by latent failures,
alterations, repairs, or maintenance
actions, could result in fuel tank
explosions and consequent loss of the
airplane.
This AD becomes effective
November 28, 2007.
The Director of the Federal Register
approved the incorporation by reference
DATES:
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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
of a certain publication listed in the AD
as of November 28, 2007.
ADDRESSES: For service information
identified in this AD, contact Airbus, 1
Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the 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.
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:
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 A300 series
airplanes. That NPRM was published in
the Federal Register on April 20, 2007
(72 FR 19823). That NPRM proposed to
require revising the Airworthiness
Limitations Section (ALS) of the
Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems.
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Actions Since NPRM Was Issued
After we issued the NPRM, Airbus
published the A300 Fuel Airworthiness
Limitations, Document 95A.1928/05,
Issue 2, dated May 11, 2007 (approved
by the European Aviation Safety Agency
(EASA) on July 6, 2007) (hereafter
referred to as ‘‘Document 95A.1928/
05’’). In the NPRM, we referred to Issue
1 of Document 95A.1928/05, dated
December 19, 2005, as the appropriate
source of service information for
accomplishing the actions proposed in
the NPRM. The fuel airworthiness
limitations (FALs) specified in Issue 2 of
Document 95A.1928/05 are the same as
those in Issue 1 of Document 95A.1928/
05. Airbus has revised certain task titles
in Section 1 of Issue 2 of Document
95A.1928/05 and has clarified the
applicability and corrected certain
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15:22 Oct 23, 2007
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airplane maintenance manual (AMM)
references in Section 2 of the document.
Therefore, we have revised this AD by
referring to Issue 2 of Document
95A.1928/05 as the appropriate source
of service information.
After we issued the NPRM, EASA
issued airworthiness directive 2007–
0094 R1 dated May 2, 2007, to correct
certain compliance times; our NPRM
included the correct compliance times,
which we explained as differences
between the NPRM and EASA
airworthiness directive 2006–0200,
dated July 11, 2006. The compliance
times in this AD already correspond
with the compliance times of EASA
airworthiness directive 2007–0094 R1.
Therefore, we have revised paragraph
(k) of this AD to refer to EASA
airworthiness directive 2007–0094 R1.
After we issued the NPRM, Airbus
published Operator Information Telex
(OIT) SE 999.0079/07, Revision 01,
dated August 14, 2007, to identify the
applicable sections of the Airbus A300
AMM necessary for accomplishing the
tasks specified in Section 1 of Document
95A.1928/05. We have added a note to
paragraph (f) of this AD to refer to that
OIT.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Request To Clarify the Initial
Compliance Time
TradeWinds Airlines requests that we
revise paragraph (f) of the NPRM to
clarify that the ‘‘INTERVAL’’ values
specified in Section 1 of Document
95A.1928/05 are also the initial
threshold values. The commenter states
that it is unclear whether the initial
compliance times are the interval
values.
We agree that the values specified in
the ‘‘INTERVAL’’ column of the
‘‘MAINTENANCE/INSPECTION
TASKS’’ table in Section 1 of Document
95A.1928/05 should be used as the
initial compliance time, as well as the
repetitive interval. We have also
clarified the compliance time in
paragraph (f) of this AD by adding the
word ‘‘thereafter’’ to more clearly state
that ‘‘ * * * the repetitive inspections
must be accomplished thereafter
* * *.’’
Request To Revise ‘‘Relevant Service
Information’’ Section
Airbus requests that we revise the
‘‘Relevant Service Information’’ section
to state that ‘‘Section 1, ‘Maintenance/
Inspection Tasks,’ of Document
PO 00000
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Fmt 4700
Sfmt 4700
60241
95A.1928/05 describes certain FAL
inspections, which are periodic
inspections of certain features for latent
failures that could contribute to a fire.’’
In the NPRM, we specified that the
latent failures could contribute to an
ignition source. As justification, Airbus
states that not all three tasks identified
in Section 1 of Document 95A.1928/05
contribute to minimizing the risk of an
ignition source: Only Task 3 minimizes
the risk of an ignition source, while
Tasks 1 and 2 minimize the occurrence
of a combustible environment. We agree
with Airbus’s statements. However, we
have not revised this AD in this regard
since the ‘‘Relevant Service
Information’’ section is not retained in
a final rule.
Request To Revise the Unsafe Condition
Airbus states that it does not agree
that there is an unsafe condition on
Model A300 series airplanes, prior to
accomplishing the maintenance/
inspection tasks in Section 1 of
Document 95A.1928/05. Airbus agrees
that performing these tasks contributes
to minimizing the risk of either an
ignition source (Task 3) or the
occurrence of a combustible
environment (Tasks 1 and 2). In regard
to the critical design configuration
control limitations (CDCCLs), Airbus
states that no unsafe condition exists at
delivery, and that no unsafe condition
will develop provided that operators
observe the CDCCLs after delivery.
Airbus further states that the CDCCLs
are introduced to reduce the risk that an
operator may inadvertently alter the
design or installation, thus introducing
a less safe configuration.
We infer Airbus would like us to
revise the unsafe condition in this AD
to incorporate its comments. We do not
agree to revise the unsafe condition of
this AD. Fuel airworthiness limitations
(FALs) are items arising from a systems
safety analysis that have been shown to
have failure modes associated with an
unsafe condition, as defined in FAA
Memorandum 2003–112–15, ‘‘SFAR
88—Mandatory Action Decision
Criteria,’’ dated February 25, 2003.
These FALs are identified in failure
conditions for which an unacceptable
probability of ignition risk could exist if
specific tasks or practices or both are
not performed in accordance with a
manufacturer’s requirements. As Airbus
notes, if an operator does not observe
the CDCCLs after delivery, then an
unsafe condition could occur. For this
reason we must mandate Document
95A.1928/05 to ensure the CDCCLs are
observed. We have not changed this AD
in this regard.
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60242
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
Requests To Clarify the Requirements
of Paragraph (h)
Airbus requests that we revise
paragraph (h) of the NPRM to state that
operators are required to update their
internal procedures and documentation
to ensure appropriate management and
control of the CDCCLs specified in
Section 2 of Document 95A.1928/05.
Airbus states that paragraph (h) of the
NPRM is unclear about what an operator
is expected to do with the CDCCLs.
Airbus further states that paragraph (h)
of the NPRM tells operators to add the
CDCCLs to the ALS, but Airbus states
that it has already done so for operators.
Airbus also states that the ALS is part
of the type certification (TC)
documentation and is not changed by
operators. TradeWinds Airlines requests
that we provide guidance as to what is
acceptable for compliance with the
requirements of paragraph (h) of the
NPRM. TradeWinds Airlines states that
simply listing the CDCCLs in a
maintenance schedule would have little
or no effect on preserving critical
ignition source prevention features. The
commenter further states that the Airbus
A300 AMM would be the source of the
approved data for accomplishing the
tasks related to the CDCCLs, and that
revisions to the AMM would be
sufficient for providing instruction to
retain the critical ignition source
prevention features.
Although we understand Airbus’s
concerns and welcome any feedback
that would improve the readability or
usability of an AD, the suggested
language is too vague to be legally
enforceable, so we cannot use it in this
AD. We understand that Airbus has
revised its airworthiness limitations
document. However, according to
section 39.7 of the Federal Aviation
Regulations (14 CFR 39.7), no person
may operate a product unless the
requirements of an applicable AD have
been met. The burden is placed on the
operator, not on the manufacturer, to
ensure that the requirements of an AD
are met. The requirement, as stated in
the NPRM, is for the operator to revise
its copy of the airworthiness limitations
document. This ensures that each
affected operator maintains a current
copy of the required airworthiness
limitations.
Concerning Airbus’s statement that
paragraph (h) of the NPRM does not
clearly specify what an operator is
expected to with the CDCCLs, we clarify
that paragraph (h) requires affected
operators to revise their copies of the
airworthiness limitations document to
include the CDCCL requirements. This
is the only requirement imposed under
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15:22 Oct 23, 2007
Jkt 214001
this AD for CDCCLs; once this revision
has been accomplished, compliance
with paragraph (h) of this AD has been
completed. Subsequently, section
91.403(c) of the Federal Aviation
Regulations (14 CFR 91.403(c)) requires
an affected operator to comply with the
revised Airworthiness Limitations
document. 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. According to 14 CFR 91.403(c), 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 14 CFR
91.403(c) already imposes the
appropriate required action after the
airworthiness limitations are revised.
We have not changed this AD in this
regard.
Request To Cite Airbus ALS Part 5
Airbus disagrees with the statement
that it has not yet published a document
titled, ‘‘Airbus ALS Part 5, Fuel
Airworthiness Limitations,’’ for Model
A300 series airplanes. We made that
statement in the ‘‘Clarification of
Service Information’’ section of the
NPRM. Airbus acknowledges that
Document 95A.1928/05 has not yet been
written in the ALS Part 5 format, but
that it intends to do so after Issue 2 of
Document 95A.1928/05 has been
approved. Airbus states that EASA
airworthiness directive 2007–0094 R1
correctly refers to Document 95A.1928/
05, since that document contains the
actual limitations.
We infer that Airbus requests we
revise paragraphs (f) and (h) of this AD
to incorporate the information in
‘‘ * * * Airbus ALS Part 5, Fuel
Airworthiness Limitations, as defined in
Airbus A300 Fuel Airworthiness
Limitations, Document 95A.1928/05.
* * *’’ We agree that the relevant fuel
airworthiness limitations are specified
in Document 95A.1928/05. In review of
the service information Airbus has
published on-line, we could not find
any document titled ‘‘Airbus ALS Part
5, Fuel Airworthiness Limitations.’’ The
Office of the Federal Register (OFR)
requires that we incorporate by
reference all the documents that are
necessary for accomplishing the
requirements of this AD. Further, we are
required to cite the document title
exactly as it appears on the document.
Since the limitations are in Document
95A.1928/05, we do not need to refer to
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Fmt 4700
Sfmt 4700
Airbus ALS Part 5. We have not
changed this AD in this regard.
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
This AD affects about 30 airplanes of
U.S. registry. The required actions take
about 2 work hours per airplane, at an
average labor rate of $80 per work hour.
Based on these figures, the estimated
cost of the AD for U.S. operators is
$4,800, or $160 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this 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
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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations
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
2007–22–03 Airbus: Amendment 39–15239.
Docket No. FAA–2007–27927;
Directorate Identifier 2006–NM–182–AD.
Effective Date
(a) This AD becomes effective November
28, 2007.
Affected ADs
(b) None.
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Applicability
(c) This AD applies to all Airbus Model
A300 series airplanes, certificated in any
category, except Airbus Model A300–600
series airplanes.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections and critical design
configuration control limitations (CDCCLs).
Compliance with the operator maintenance
documents is required by 14 CFR 91.403(c).
For airplanes that have been previously
modified, altered, or repaired in the areas
addressed by these inspections and CDCCLs,
the operator may not be able to accomplish
the inspections and CDCCLs described in the
revisions. In this situation, to comply with 14
CFR 91.403(c), the operator must request
approval for an alternative method of
compliance according to paragraph (j) of this
AD. The request should include a description
of changes to the required inspections and
CDCCLs that will preserve the critical
ignition source prevention feature of the
affected fuel system.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent potential of
ignition sources inside fuel tanks, which, in
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combination with flammable fuel vapors
caused by latent failures, alterations, repairs,
or maintenance actions, could result in fuel
tank explosions and consequent loss of the
airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Revise Airworthiness Limitations Section
(ALS) To Incorporate Fuel Maintenance and
Inspection Tasks
(f) Within 3 months after the effective date
of this AD, revise the ALS of the Instructions
for Continued Airworthiness to incorporate
Airbus A300 Fuel Airworthiness Limitations,
Document 95A.1928/05, Issue 2, dated May
11, 2007 (approved by the European Aviation
Safety Agency (EASA) on July 6, 2007),
Section 1, ‘‘Maintenance/Inspection Tasks.’’
For all tasks identified in Section 1 of
Document 95A.1928/05, the initial
compliance times start from the later of the
times specified in paragraphs (f)(1) and (f)(2)
of this AD, and the repetitive inspections
must be accomplished thereafter at the
intervals specified in Section 1 of Document
95A.1928/05, except as provided by
paragraph (g) of this AD.
(1) The effective date of this AD.
(2) The date of issuance of the original
French standard airworthiness certificate or
the date of issuance of the original French
export certificate of airworthiness.
Note 2: Airbus Operator Information Telex
SE 999.0079/07, Revision 01, dated August
14, 2007, identifies the applicable sections of
the Airbus A300 airplane maintenance
manual necessary for accomplishing the tasks
specified in Section 1 of Document
95A.1928/05.
Initial Compliance Time for Task 28–18–00–
03–1
(g) For Task 28–18–00–03–1 identified in
Section 1 of Document 95A.1928/05,
‘‘Maintenance/Inspection Tasks,’’ of Airbus
A300 Fuel Airworthiness Limitations,
Document 95A.1928/05, Issue 2, dated May
11, 2007 (approved by the EASA on July 6,
2007): The initial compliance time is the later
of the times specified in paragraphs (g)(1)
and (g)(2) of this AD. Thereafter, Task 28–18–
00–03–1 must be accomplished at the
repetitive interval specified in Section 1 of
Document 95A.1928/05.
(1) Prior to the accumulation of 40,000
total flight hours.
(2) Within 72 months or 20,000 flight hours
after the effective date of this AD, whichever
occurs first.
No Alternative Inspections, Inspection
Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of
this AD: After accomplishing the actions
specified in paragraphs (f) and (h) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) 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
(k) EASA airworthiness directive 2007–
0094 R1, dated May 2, 2007, also addresses
the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus A300 Fuel
Airworthiness Limitations, Document
95A.1928/05, Issue 2, dated May 11, 2007, 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 this document
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 October
15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–20820 Filed 10–23–07; 8:45 am]
BILLING CODE 4910–13–P
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective
date of this AD, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate Airbus A300 Fuel Airworthiness
Limitations, Document 95A.1928/05, Issue 2,
dated May 11, 2007 (approved by the EASA
on July 6, 2007), Section 2, ‘‘Critical Design
Configuration Control Limitations.’’
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
60243
E:\FR\FM\24OCR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 205 (Wednesday, October 24, 2007)]
[Rules and Regulations]
[Pages 60240-60243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20820]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27927; Directorate Identifier 2006-NM-182-AD;
Amendment 39-15239; AD 2007-22-03]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes. This AD requires revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
This AD results from fuel system reviews conducted by the manufacturer.
We are issuing this AD to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors
caused by latent failures, alterations, repairs, or maintenance
actions, could result in fuel tank explosions and consequent loss of
the airplane.
DATES: This AD becomes effective November 28, 2007.
The Director of the Federal Register approved the incorporation by
reference
[[Page 60241]]
of a certain publication listed in the AD as of November 28, 2007.
ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the 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.
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:
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 A300 series
airplanes. That NPRM was published in the Federal Register on April 20,
2007 (72 FR 19823). That NPRM proposed to require revising the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate new limitations for fuel tank
systems.
Actions Since NPRM Was Issued
After we issued the NPRM, Airbus published the A300 Fuel
Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11,
2007 (approved by the European Aviation Safety Agency (EASA) on July 6,
2007) (hereafter referred to as ``Document 95A.1928/05''). In the NPRM,
we referred to Issue 1 of Document 95A.1928/05, dated December 19,
2005, as the appropriate source of service information for
accomplishing the actions proposed in the NPRM. The fuel airworthiness
limitations (FALs) specified in Issue 2 of Document 95A.1928/05 are the
same as those in Issue 1 of Document 95A.1928/05. Airbus has revised
certain task titles in Section 1 of Issue 2 of Document 95A.1928/05 and
has clarified the applicability and corrected certain airplane
maintenance manual (AMM) references in Section 2 of the document.
Therefore, we have revised this AD by referring to Issue 2 of Document
95A.1928/05 as the appropriate source of service information.
After we issued the NPRM, EASA issued airworthiness directive 2007-
0094 R1 dated May 2, 2007, to correct certain compliance times; our
NPRM included the correct compliance times, which we explained as
differences between the NPRM and EASA airworthiness directive 2006-
0200, dated July 11, 2006. The compliance times in this AD already
correspond with the compliance times of EASA airworthiness directive
2007-0094 R1. Therefore, we have revised paragraph (k) of this AD to
refer to EASA airworthiness directive 2007-0094 R1.
After we issued the NPRM, Airbus published Operator Information
Telex (OIT) SE 999.0079/07, Revision 01, dated August 14, 2007, to
identify the applicable sections of the Airbus A300 AMM necessary for
accomplishing the tasks specified in Section 1 of Document 95A.1928/05.
We have added a note to paragraph (f) of this AD to refer to that OIT.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Clarify the Initial Compliance Time
TradeWinds Airlines requests that we revise paragraph (f) of the
NPRM to clarify that the ``INTERVAL'' values specified in Section 1 of
Document 95A.1928/05 are also the initial threshold values. The
commenter states that it is unclear whether the initial compliance
times are the interval values.
We agree that the values specified in the ``INTERVAL'' column of
the ``MAINTENANCE/INSPECTION TASKS'' table in Section 1 of Document
95A.1928/05 should be used as the initial compliance time, as well as
the repetitive interval. We have also clarified the compliance time in
paragraph (f) of this AD by adding the word ``thereafter'' to more
clearly state that `` * * * the repetitive inspections must be
accomplished thereafter * * *.''
Request To Revise ``Relevant Service Information'' Section
Airbus requests that we revise the ``Relevant Service Information''
section to state that ``Section 1, `Maintenance/Inspection Tasks,' of
Document 95A.1928/05 describes certain FAL inspections, which are
periodic inspections of certain features for latent failures that could
contribute to a fire.'' In the NPRM, we specified that the latent
failures could contribute to an ignition source. As justification,
Airbus states that not all three tasks identified in Section 1 of
Document 95A.1928/05 contribute to minimizing the risk of an ignition
source: Only Task 3 minimizes the risk of an ignition source, while
Tasks 1 and 2 minimize the occurrence of a combustible environment. We
agree with Airbus's statements. However, we have not revised this AD in
this regard since the ``Relevant Service Information'' section is not
retained in a final rule.
Request To Revise the Unsafe Condition
Airbus states that it does not agree that there is an unsafe
condition on Model A300 series airplanes, prior to accomplishing the
maintenance/inspection tasks in Section 1 of Document 95A.1928/05.
Airbus agrees that performing these tasks contributes to minimizing the
risk of either an ignition source (Task 3) or the occurrence of a
combustible environment (Tasks 1 and 2). In regard to the critical
design configuration control limitations (CDCCLs), Airbus states that
no unsafe condition exists at delivery, and that no unsafe condition
will develop provided that operators observe the CDCCLs after delivery.
Airbus further states that the CDCCLs are introduced to reduce the risk
that an operator may inadvertently alter the design or installation,
thus introducing a less safe configuration.
We infer Airbus would like us to revise the unsafe condition in
this AD to incorporate its comments. We do not agree to revise the
unsafe condition of this AD. Fuel airworthiness limitations (FALs) are
items arising from a systems safety analysis that have been shown to
have failure modes associated with an unsafe condition, as defined in
FAA Memorandum 2003-112-15, ``SFAR 88--Mandatory Action Decision
Criteria,'' dated February 25, 2003. These FALs are identified in
failure conditions for which an unacceptable probability of ignition
risk could exist if specific tasks or practices or both are not
performed in accordance with a manufacturer's requirements. As Airbus
notes, if an operator does not observe the CDCCLs after delivery, then
an unsafe condition could occur. For this reason we must mandate
Document 95A.1928/05 to ensure the CDCCLs are observed. We have not
changed this AD in this regard.
[[Page 60242]]
Requests To Clarify the Requirements of Paragraph (h)
Airbus requests that we revise paragraph (h) of the NPRM to state
that operators are required to update their internal procedures and
documentation to ensure appropriate management and control of the
CDCCLs specified in Section 2 of Document 95A.1928/05. Airbus states
that paragraph (h) of the NPRM is unclear about what an operator is
expected to do with the CDCCLs. Airbus further states that paragraph
(h) of the NPRM tells operators to add the CDCCLs to the ALS, but
Airbus states that it has already done so for operators. Airbus also
states that the ALS is part of the type certification (TC)
documentation and is not changed by operators. TradeWinds Airlines
requests that we provide guidance as to what is acceptable for
compliance with the requirements of paragraph (h) of the NPRM.
TradeWinds Airlines states that simply listing the CDCCLs in a
maintenance schedule would have little or no effect on preserving
critical ignition source prevention features. The commenter further
states that the Airbus A300 AMM would be the source of the approved
data for accomplishing the tasks related to the CDCCLs, and that
revisions to the AMM would be sufficient for providing instruction to
retain the critical ignition source prevention features.
Although we understand Airbus's concerns and welcome any feedback
that would improve the readability or usability of an AD, the suggested
language is too vague to be legally enforceable, so we cannot use it in
this AD. We understand that Airbus has revised its airworthiness
limitations document. However, according to section 39.7 of the Federal
Aviation Regulations (14 CFR 39.7), no person may operate a product
unless the requirements of an applicable AD have been met. The burden
is placed on the operator, not on the manufacturer, to ensure that the
requirements of an AD are met. The requirement, as stated in the NPRM,
is for the operator to revise its copy of the airworthiness limitations
document. This ensures that each affected operator maintains a current
copy of the required airworthiness limitations.
Concerning Airbus's statement that paragraph (h) of the NPRM does
not clearly specify what an operator is expected to with the CDCCLs, we
clarify that paragraph (h) requires affected operators to revise their
copies of the airworthiness limitations document to include the CDCCL
requirements. This is the only requirement imposed under this AD for
CDCCLs; once this revision has been accomplished, compliance with
paragraph (h) of this AD has been completed. Subsequently, section
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c))
requires an affected operator to comply with the revised Airworthiness
Limitations document. 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. According to
14 CFR 91.403(c), 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 14
CFR 91.403(c) already imposes the appropriate required action after the
airworthiness limitations are revised. We have not changed this AD in
this regard.
Request To Cite Airbus ALS Part 5
Airbus disagrees with the statement that it has not yet published a
document titled, ``Airbus ALS Part 5, Fuel Airworthiness Limitations,''
for Model A300 series airplanes. We made that statement in the
``Clarification of Service Information'' section of the NPRM. Airbus
acknowledges that Document 95A.1928/05 has not yet been written in the
ALS Part 5 format, but that it intends to do so after Issue 2 of
Document 95A.1928/05 has been approved. Airbus states that EASA
airworthiness directive 2007-0094 R1 correctly refers to Document
95A.1928/05, since that document contains the actual limitations.
We infer that Airbus requests we revise paragraphs (f) and (h) of
this AD to incorporate the information in `` * * * Airbus ALS Part 5,
Fuel Airworthiness Limitations, as defined in Airbus A300 Fuel
Airworthiness Limitations, Document 95A.1928/05. * * *'' We agree that
the relevant fuel airworthiness limitations are specified in Document
95A.1928/05. In review of the service information Airbus has published
on-line, we could not find any document titled ``Airbus ALS Part 5,
Fuel Airworthiness Limitations.'' The Office of the Federal Register
(OFR) requires that we incorporate by reference all the documents that
are necessary for accomplishing the requirements of this AD. Further,
we are required to cite the document title exactly as it appears on the
document. Since the limitations are in Document 95A.1928/05, we do not
need to refer to Airbus ALS Part 5. We have not changed this AD in this
regard.
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
This AD affects about 30 airplanes of U.S. registry. The required
actions take about 2 work hours per airplane, at an average labor rate
of $80 per work hour. Based on these figures, the estimated cost of the
AD for U.S. operators is $4,800, or $160 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this 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
[[Page 60243]]
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):
2007-22-03 Airbus: Amendment 39-15239. Docket No. FAA-2007-27927;
Directorate Identifier 2006-NM-182-AD.
Effective Date
(a) This AD becomes effective November 28, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A300 series airplanes,
certificated in any category, except Airbus Model A300-600 series
airplanes.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and critical design
configuration control limitations (CDCCLs). Compliance with the
operator maintenance documents is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by these inspections and CDCCLs, the operator
may not be able to accomplish the inspections and CDCCLs described
in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j) of this AD. The
request should include a description of changes to the required
inspections and CDCCLs that will preserve the critical ignition
source prevention feature of the affected fuel system.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors caused by latent failures, alterations,
repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel
Maintenance and Inspection Tasks
(f) Within 3 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300 Fuel Airworthiness Limitations, Document
95A.1928/05, Issue 2, dated May 11, 2007 (approved by the European
Aviation Safety Agency (EASA) on July 6, 2007), Section 1,
``Maintenance/Inspection Tasks.'' For all tasks identified in
Section 1 of Document 95A.1928/05, the initial compliance times
start from the later of the times specified in paragraphs (f)(1) and
(f)(2) of this AD, and the repetitive inspections must be
accomplished thereafter at the intervals specified in Section 1 of
Document 95A.1928/05, except as provided by paragraph (g) of this
AD.
(1) The effective date of this AD.
(2) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.
Note 2: Airbus Operator Information Telex SE 999.0079/07,
Revision 01, dated August 14, 2007, identifies the applicable
sections of the Airbus A300 airplane maintenance manual necessary
for accomplishing the tasks specified in Section 1 of Document
95A.1928/05.
Initial Compliance Time for Task 28-18-00-03-1
(g) For Task 28-18-00-03-1 identified in Section 1 of Document
95A.1928/05, ``Maintenance/Inspection Tasks,'' of Airbus A300 Fuel
Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May
11, 2007 (approved by the EASA on July 6, 2007): The initial
compliance time is the later of the times specified in paragraphs
(g)(1) and (g)(2) of this AD. Thereafter, Task 28-18-00-03-1 must be
accomplished at the repetitive interval specified in Section 1 of
Document 95A.1928/05.
(1) Prior to the accumulation of 40,000 total flight hours.
(2) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300 Fuel Airworthiness Limitations, Document
95A.1928/05, Issue 2, dated May 11, 2007 (approved by the EASA on
July 6, 2007), Section 2, ``Critical Design Configuration Control
Limitations.''
No Alternative Inspections, Inspection Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of this AD: After
accomplishing the actions specified in paragraphs (f) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) 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
(k) EASA airworthiness directive 2007-0094 R1, dated May 2,
2007, also addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus A300 Fuel Airworthiness Limitations,
Document 95A.1928/05, Issue 2, dated May 11, 2007, 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 this document 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 October 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20820 Filed 10-23-07; 8:45 am]
BILLING CODE 4910-13-P
