Airworthiness Directives; Airbus Model A300 B2-1C, A300 B2-203, A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C Airplanes, 31896-31899 [E9-15812]
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31896
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Boeing: Docket No. FAA–2009–0608;
Directorate Identifier 2008–NM–215–AD.
Comments Due Date
(a) We must receive comments by August
20, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model
747–200C and –200F series airplanes,
certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
Unsafe Condition
(e) This AD results from a report from the
manufacturer that the accomplishment of
certain existing inspections, repairs, and
modifications is not adequate to ensure the
structural integrity of the affected 7075 series
aluminum alloy upper deck floor beam upper
chords on airplanes that have exceeded
certain thresholds. We are issuing this AD to
prevent cracking of the upper chords and
straps (or angles) of the floor beams, which
could lead to failure of the floor beams and
consequent loss of controllability, rapid
decompression, and loss of structural
integrity of the airplane.
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Compliance
(f) Comply with this AD within the
compliance times specified, unless already
done.
Initial Inspection and Replacement
(g) Before the accumulation of 21,000 total
flight cycles, or within 1,500 flight cycles
after the effective date of this AD, whichever
occurs later: Do an open hole high frequency
eddy current (HFEC) inspection of all the
fastener holes accessed for upper chord
removal for cracks, and replace upper chords,
straps (or angles), and radius fillers of the
upper deck floor beams, in accordance with
the Accomplishment Instructions of Boeing
Alert Service Bulletin 747–53A2696, dated
October 16, 2008.
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Repetitive Replacements and PostReplacement Inspections
DEPARTMENT OF TRANSPORTATION
(h) Within 15,000 flight cycles after doing
the replacement required by paragraph (g) of
this AD, or within 1,500 flight cycles after the
effective date of this AD, whichever occurs
later: Do detailed and HFEC inspections for
cracks of the modified upper deck floor
beams, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 747–53A2696, dated October
16, 2008. Within 6,000 flight cycles after
doing the detailed and HFEC inspections, do
the replacement specified in paragraph (g) of
this AD. Repeat the post-replacement
inspections and replacement at the
applicable times specified in paragraph 1.E.
of Boeing Alert Service Bulletin 747–
53A2696, dated October 16, 2008.
Federal Aviation Administration
Repair of Cracks
(i) If any crack is found during any
inspection required by this AD: Before
further flight, repair the crack using a method
approved in accordance with the procedures
specified in paragraph (j) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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: Ivan
Li, Airframe Branch, ANM–120S, FAA,
Seattle ACO, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356; telephone
(425) 917–6437; fax (425) 917–6590. Or, email information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov.
(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 principal maintenance inspector
(PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal
inspector, your local Flight Standards District
Office. The AMOC approval letter must
specifically reference this AD.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on June 25,
2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–15811 Filed 7–2–09; 8:45 am]
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14 CFR Part 39
[Docket No. FAA–2009–0055; Directorate
Identifier 2008–NM–194–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A300 B2–1C, A300 B2–203, A300 B2K–
3C, A300 B4–103, A300 B4–203, and
A300 B4–2C Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: We are revising an earlier
NPRM for the products listed above.
This action revises the earlier NPRM by
expanding the scope. This proposed AD
results from mandatory continuing
airworthiness information (MCAI)
originated 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:
[T]he FAA has published SFAR 88 (Special
Federal Aviation Regulation 88). * * *
Under this regulation, all holders of type
certificates for passenger transport aircraft
* * * are required to conduct a design
review against explosion risks.
One of the consequences of the Airbus
design review is the modification of the fuel
pump wiring to provide protection against
chafing of the fuel pump cables. This
condition, if not corrected, could result in
short circuits leading to fuel pump failure,
arcing, and possible fuel tank explosion.
[A previous AD] was issued to require
* * * modification [of the fuel pump against
short circuit] * * *. More recently, an
additional modification of the electrical
wiring of the outer fuel pump and the
landing lights on the left (LH) and right (RH)
sides has been introduced * * *.
The proposed AD would require
actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by July 31, 2009.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Airbus SAS—
EAW (Airworthiness Office), 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; e-mail:
account.airworth-eas@airbus.com;
Internet https://www.airbus.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221 or 425–227–1152.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2009–0055; Directorate Identifier
2008–NM–194–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
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Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
February 13, 2009 (72 FR 7202). That
earlier NPRM proposed to supersede AD
2007–18–02, amendment 39–15182 (74
FR 49175, August 28, 2007), to require
actions intended to address the unsafe
condition for the products listed above.
Since that NPRM was issued, Airbus
has revised service information to
introduce additional mechanical
protection to prevent the fuel pump or
landing light wiring from chafing.
Airbus Mandatory Service Bulletin
A300–24–0103, Revision 03, dated
February 18, 2009, provides procedures
for installing new splicing on the wires,
a new cable type, shrink sleeve
installation on the new wiring, and an
additional braided conduit sleeve
(Halar), as applicable, for the fuel
pumps and landing lights.
We referred to Airbus Service
Bulletins A300–24–0103, Revision 01,
dated January 11, 2007; and Revision
02, dated April 4, 2008; as the
appropriate sources of service
information for doing the actions
proposed in the original NPRM. More
work is necessary for airplanes modified
in accordance with either of those two
service bulletins. We have revised
paragraphs (c), (f), and (g) of this
proposed AD to refer to Airbus
Mandatory Service Bulletin A300–24–
0103, Revision 03, dated February 18,
2009.
We have revised the Costs of
Compliance paragraph of this
supplemental NPRM to specify the costs
of the requirements that are retained
from the existing AD and the costs of
the new requirements of this
supplemental NPRM.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2008–0188,
dated October 10, 2008 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
You may obtain further information
by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Mandatory Service
Bulletin A300–24–0103, Revision 03,
dated February 18, 2009. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
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31897
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
The additional actions in the revised
service information described above
expand the scope of the earlier NPRM.
As a result, we have determined that it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this proposed AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 13 products of U.S. registry.
The actions that are required by AD
2007–18–02 and retained in this
proposed AD take about 72 work-hours
per product, at an average labor rate of
$80 per work hour. Required parts
would cost about $5,050 per product.
Where the service information lists
required parts costs that are covered
under warranty, we have assumed that
there will be no charge for these costs.
As we do not control warranty coverage
for affected parties, some parties may
incur costs higher than estimated here.
Based on these figures, the estimated
cost of the currently required actions is
$140,530, or $10,810 per product.
We estimate that it would take about
42 work-hours per product to comply
with the new basic requirements of this
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
proposed AD. The average labor rate is
$80 per work-hour. Required parts
would cost about $4,100 per product.
Where the service information lists
required parts costs that are covered
under warranty, we have assumed that
there will be no charge for these costs.
As we do not control warranty coverage
for affected parties, some parties may
incur costs higher than estimated here.
Based on these figures, we estimate the
cost of the proposed AD on U.S.
operators to be $96,980, or $7,460 per
product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15182 (72 FR
49175, August 28, 2007) and adding the
following new AD:
Airbus: Docket No. FAA–2009–0055;
Directorate Identifier 2008–NM–194–AD.
Comments Due Date
(a) We must receive comments by July 31,
2009.
Affected ADs
(b) The proposed AD supersedes AD 2007–
18–02, Amendment 39–15182.
Applicability
(c) This AD applies to Airbus Model A300
B2–1C, A300 B2–203, A300 B2K–3C, A300
B4–103, A300 B4–203, and A300 B4–2C
airplanes, certificated in any category, as
identified in Airbus Mandatory Service
Bulletin A300–24–0103, Revision 03, dated
February 18, 2009.
Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
[T]he FAA has published SFAR 88 (Special
Federal Aviation Regulation 88).
Subsequently, the Joint Aviation Authorities
(JAA) recommended the application of a
similar regulation to the National Aviation
Authorities (NAA) of its member countries.
Under this regulation, all holders of type
certificates for passenger transport aircraft
with either a passenger capacity of 30 or
more, or a payload capacity of 3,402 kg
(7,500 lbs) or more, which have received
their certification since 01 January 1958, are
required to conduct a design review against
explosion.
One of the consequences of the Airbus
design review is the modification of the fuel
pump wiring to provide protection against
chafing of the fuel pump cables. This
condition, if not corrected, could result in
short circuits leading to fuel pump failure,
arcing, and possible fuel tank explosion.
EASA (European Aviation Safety Agency)
AD 2007–0066 [which corresponds to FAA
AD 2007–18–02] was issued to require this
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modification in accordance with Airbus SB
[service bulletin] A300–24–0103, Revision
01. More recently, an additional modification
of the electrical wiring of the outer fuel pump
and the landing lights on the left (LH) and
right (RH) side has been introduced in
Revision 02 of Airbus SB A300–24–0103. For
the reason described above, this new AD
retains the requirements of EASA AD 2007–
0066, which is superseded, and requires
additional work.
The additional modification will provide
additional protection from chafing and will
prevent intermittent operation of the fuel
pump and landing lights, as well as the
failure of the power supply. The modification
of the wiring of the outer fuel pump and the
landing light on the LH side route 1P harness
and RH side route 2P harness includes
additional mechanical protection that
includes procedures for installing new
splicing on the wires, a new cable type,
shrink sleeve installation on the new wiring,
and an additional braided conduit sleeve
(Halar), as applicable, for the fuel pumps and
the landing lights.
Restatement of Requirements of AD 2007–
18–02 With New Service Bulletin
(f) Within 31 months after October 2, 2007
(the effective date of AD 2007–18–02), unless
already done, modify the inner and outer fuel
pump wiring, route 1P and 2P harnesses in
the LH (left-hand) wing and in the RH (righthand) wing, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A300–24–0103, Revision 01,
dated January 11, 2007; or Airbus Mandatory
Service Bulletin A300–24–0103, Revision 03,
dated February 18, 2009. As of the effective
date of this AD, Airbus Mandatory Service
Bulletin A300–24–0103, Revision 03, dated
February 18, 2009, must be used for the
actions required by this paragraph. Actions
done before October 2, 2007, in accordance
with Airbus Service Bulletin A300–24–0103,
dated March 15, 2006, for airplanes under
configuration 01 as defined in Airbus Service
Bulletin A300–24–0103, Revision 01, dated
January 11, 2007; Revision 02, dated April 4,
2008; or Revision 03, dated February 18,
2009; are acceptable for compliance with the
requirements of this paragraph.
New Requirements of This AD: Actions and
Compliance
(g) Unless already done, within 12 months
after the effective date of this AD, modify the
wiring of the outer fuel pump and the
landing light on the LH side route 1P harness
and RH side route 2P harness, in accordance
with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300–24–
0103, Revision 03, dated February 18, 2009.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: The
MCAI specifies doing a modification in
accordance with Airbus Mandatory Service
Bulletin A300–24–0103, Revision 02, dated
April 4, 2008. However, this AD requires
doing additional actions that are specified in
Airbus Mandatory Service Bulletin A300–24–
0103, Revision 03, dated February 18, 2009.
The MCAI has not yet been revised to require
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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules
the additional actions. We have coordinated
this difference with EASA.
Other FAA AD Provisions
(h) 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: Dan Rodina,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2125; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(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
(i) Refer to MCAI EASA Airworthiness
Directive 2008–0188, dated October 10, 2008;
Airbus Service Bulletin A300–24–0103,
Revision 01, dated January 11, 2007; and
Airbus Mandatory Service Bulletin A300–24–
0103, Revision 03, dated February 18, 2009;
for related information.
Issued in Renton, Washington, on June 25,
2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–15812 Filed 7–2–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 71
[Docket No. FAA–2009–0231; Airspace
Docket No. 09–AAL–6]
Proposed Establishment of Class E
Airspace; Chuathbaluk, AK
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This action proposes to
establish Class E airspace at
Chuathbaluk, AK. One Standard
Instrument Approach Procedure (SIAP)
is being developed for the Chuathbaluk
Airport at Chuathbaluk, AK. Adoption
of this proposal would result in creating
Class E airspace upward from 700 feet
(ft.) above the surface at the
Chuathbaluk Airport, Chuathbaluk, AK.
DATES: Comments must be received on
or before August 20, 2009.
ADDRESSES: Send comments on the
proposal to the Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001. You must identify the
docket number FAA–2009–0231/
Airspace Docket No. 09–AAL–6, at the
beginning of your comments. You may
also submit comments on the Internet at
https://www.regulations.gov. You may
review the public docket containing the
proposal, any comments received, and
any final disposition in person in the
Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket Office
(telephone 1–800–647–5527) is on the
plaza level of the Department of
Transportation NASSIF Building at the
above address.
An informal docket may also be
examined during normal business hours
at the office of the Manager, Safety,
Alaska Flight Service Operations,
Federal Aviation Administration, 222
West 7th Avenue, Box 14, Anchorage,
AK 99513–7587.
FOR FURTHER INFORMATION CONTACT: Gary
Rolf, Federal Aviation Administration,
222 West 7th Avenue, Box 14,
Anchorage, AK 99513–7587; telephone
number (907) 271–5898; fax: (907) 271–
2850; e-mail: gary.ctr.rolf@faa.gov.
Internet address: https://www.faa.gov/
about/office_org/headquarters_offices/
ato/service_units/systemops/fs/alaskan/
rulemaking/.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
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31899
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2009–0231/Airspace
Docket No. 08–AAL–6.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this notice may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of Notice of Proposed
Rulemakings (NPRMs)
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov or the Superintendent of
Document’s Web page at https://
www.access.gpo.gov/nara/.
Additionally, any person may obtain
a copy of this notice by submitting a
request to the Federal Aviation
Administration, Office of Air Traffic
Airspace Management, ATA–400, 800
Independence Avenue, SW.,
Washington, DC 20591 or by calling
(202) 267–8783. Communications must
identify both docket numbers for this
notice. Persons interested in being
placed on a mailing list for future
NPRMs should contact the FAA’s Office
of Rulemaking, (202) 267–9677, to
request a copy of Advisory Circular No.
11–2A, Notice of Proposed Rulemaking
Distribution System, which describes
the application procedure.
The Proposal
The FAA is considering an
amendment to the Code of Federal
Regulations (14 CFR part 71), which
would establish Class E airspace at the
Chuathbaluk Airport, in Chuathbaluk,
AK. The intended effect of this proposal
is to create Class E airspace upward
from 700 ft. above the surface to contain
Instrument Flight Rules (IFR) operations
at the Chuathbaluk Airport,
Chuathbaluk, AK.
E:\FR\FM\06JYP1.SGM
06JYP1
Agencies
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31896-31899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15812]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0055; Directorate Identifier 2008-NM-194-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B2-1C, A300 B2-203,
A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated 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:
[T]he FAA has published SFAR 88 (Special Federal Aviation
Regulation 88). * * * Under this regulation, all holders of type
certificates for passenger transport aircraft * * * are required to
conduct a design review against explosion risks.
One of the consequences of the Airbus design review is the
modification of the fuel pump wiring to provide protection against
chafing of the fuel pump cables. This condition, if not corrected,
could result in short circuits leading to fuel pump failure, arcing,
and possible fuel tank explosion.
[A previous AD] was issued to require * * * modification [of the
fuel pump against short circuit] * * *. More recently, an additional
modification of the electrical wiring of the outer fuel pump and the
landing lights on the left (LH) and right (RH) sides has been
introduced * * *.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by July 31, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-
[[Page 31897]]
30, West Building Ground Floor, Room W12-40, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in this proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail: account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0055;
Directorate Identifier 2008-NM-194-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
February 13, 2009 (72 FR 7202). That earlier NPRM proposed to supersede
AD 2007-18-02, amendment 39-15182 (74 FR 49175, August 28, 2007), to
require actions intended to address the unsafe condition for the
products listed above.
Since that NPRM was issued, Airbus has revised service information
to introduce additional mechanical protection to prevent the fuel pump
or landing light wiring from chafing. Airbus Mandatory Service Bulletin
A300-24-0103, Revision 03, dated February 18, 2009, provides procedures
for installing new splicing on the wires, a new cable type, shrink
sleeve installation on the new wiring, and an additional braided
conduit sleeve (Halar), as applicable, for the fuel pumps and landing
lights.
We referred to Airbus Service Bulletins A300-24-0103, Revision 01,
dated January 11, 2007; and Revision 02, dated April 4, 2008; as the
appropriate sources of service information for doing the actions
proposed in the original NPRM. More work is necessary for airplanes
modified in accordance with either of those two service bulletins. We
have revised paragraphs (c), (f), and (g) of this proposed AD to refer
to Airbus Mandatory Service Bulletin A300-24-0103, Revision 03, dated
February 18, 2009.
We have revised the Costs of Compliance paragraph of this
supplemental NPRM to specify the costs of the requirements that are
retained from the existing AD and the costs of the new requirements of
this supplemental NPRM.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0188, dated October 10, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletin A300-24-0103, Revision
03, dated February 18, 2009. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
The additional actions in the revised service information described
above expand the scope of the earlier NPRM. As a result, we have
determined that it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this proposed AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 13 products of U.S. registry.
The actions that are required by AD 2007-18-02 and retained in this
proposed AD take about 72 work-hours per product, at an average labor
rate of $80 per work hour. Required parts would cost about $5,050 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, the estimated cost of the currently
required actions is $140,530, or $10,810 per product.
We estimate that it would take about 42 work-hours per product to
comply with the new basic requirements of this
[[Page 31898]]
proposed AD. The average labor rate is $80 per work-hour. Required
parts would cost about $4,100 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these costs. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $96,980,
or $7,460 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-15182 (72 FR
49175, August 28, 2007) and adding the following new AD:
Airbus: Docket No. FAA-2009-0055; Directorate Identifier 2008-NM-
194-AD.
Comments Due Date
(a) We must receive comments by July 31, 2009.
Affected ADs
(b) The proposed AD supersedes AD 2007-18-02, Amendment 39-
15182.
Applicability
(c) This AD applies to Airbus Model A300 B2-1C, A300 B2-203,
A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C airplanes,
certificated in any category, as identified in Airbus Mandatory
Service Bulletin A300-24-0103, Revision 03, dated February 18, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
[T]he FAA has published SFAR 88 (Special Federal Aviation
Regulation 88). Subsequently, the Joint Aviation Authorities (JAA)
recommended the application of a similar regulation to the National
Aviation Authorities (NAA) of its member countries. Under this
regulation, all holders of type certificates for passenger transport
aircraft with either a passenger capacity of 30 or more, or a
payload capacity of 3,402 kg (7,500 lbs) or more, which have
received their certification since 01 January 1958, are required to
conduct a design review against explosion.
One of the consequences of the Airbus design review is the
modification of the fuel pump wiring to provide protection against
chafing of the fuel pump cables. This condition, if not corrected,
could result in short circuits leading to fuel pump failure, arcing,
and possible fuel tank explosion.
EASA (European Aviation Safety Agency) AD 2007-0066 [which
corresponds to FAA AD 2007-18-02] was issued to require this
modification in accordance with Airbus SB [service bulletin] A300-
24-0103, Revision 01. More recently, an additional modification of
the electrical wiring of the outer fuel pump and the landing lights
on the left (LH) and right (RH) side has been introduced in Revision
02 of Airbus SB A300-24-0103. For the reason described above, this
new AD retains the requirements of EASA AD 2007-0066, which is
superseded, and requires additional work.
The additional modification will provide additional protection
from chafing and will prevent intermittent operation of the fuel
pump and landing lights, as well as the failure of the power supply.
The modification of the wiring of the outer fuel pump and the
landing light on the LH side route 1P harness and RH side route 2P
harness includes additional mechanical protection that includes
procedures for installing new splicing on the wires, a new cable
type, shrink sleeve installation on the new wiring, and an
additional braided conduit sleeve (Halar), as applicable, for the
fuel pumps and the landing lights.
Restatement of Requirements of AD 2007-18-02 With New Service Bulletin
(f) Within 31 months after October 2, 2007 (the effective date
of AD 2007-18-02), unless already done, modify the inner and outer
fuel pump wiring, route 1P and 2P harnesses in the LH (left-hand)
wing and in the RH (right-hand) wing, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-24-0103,
Revision 01, dated January 11, 2007; or Airbus Mandatory Service
Bulletin A300-24-0103, Revision 03, dated February 18, 2009. As of
the effective date of this AD, Airbus Mandatory Service Bulletin
A300-24-0103, Revision 03, dated February 18, 2009, must be used for
the actions required by this paragraph. Actions done before October
2, 2007, in accordance with Airbus Service Bulletin A300-24-0103,
dated March 15, 2006, for airplanes under configuration 01 as
defined in Airbus Service Bulletin A300-24-0103, Revision 01, dated
January 11, 2007; Revision 02, dated April 4, 2008; or Revision 03,
dated February 18, 2009; are acceptable for compliance with the
requirements of this paragraph.
New Requirements of This AD: Actions and Compliance
(g) Unless already done, within 12 months after the effective
date of this AD, modify the wiring of the outer fuel pump and the
landing light on the LH side route 1P harness and RH side route 2P
harness, in accordance with the Accomplishment Instructions of
Airbus Mandatory Service Bulletin A300-24-0103, Revision 03, dated
February 18, 2009.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: The MCAI specifies doing a modification in
accordance with Airbus Mandatory Service Bulletin A300-24-0103,
Revision 02, dated April 4, 2008. However, this AD requires doing
additional actions that are specified in Airbus Mandatory Service
Bulletin A300-24-0103, Revision 03, dated February 18, 2009. The
MCAI has not yet been revised to require
[[Page 31899]]
the additional actions. We have coordinated this difference with
EASA.
Other FAA AD Provisions
(h) 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: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.
(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
(i) Refer to MCAI EASA Airworthiness Directive 2008-0188, dated
October 10, 2008; Airbus Service Bulletin A300-24-0103, Revision 01,
dated January 11, 2007; and Airbus Mandatory Service Bulletin A300-
24-0103, Revision 03, dated February 18, 2009; for related
information.
Issued in Renton, Washington, on June 25, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-15812 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-13-P