Airworthiness Directives; Airbus Model A318-111 and -112 Series Airplanes, and Model A319, A320, and A321 Series Airplanes, 62219-62222 [E9-28159]
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations
procedures specified in paragraph (l) of this
AD.
(j) Where paragraph 1.E. of Boeing Alert
Service Bulletin 777–53A0054, dated August
7, 2008, specifies to ‘‘contact Boeing for
inspection requirements for operation
beyond 60,000 total flight-cycles after first
repaint,’’ for those airplanes, this AD requires
contacting the Manager, Seattle Aircraft
Certification Office (ACO), for all inspection
requirements of this AD and doing the
requirements.
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Report
(k) At the applicable time specified in
paragraph (k)(1) or (k)(2) of this AD: Submit
a report of positive findings of cracks found
during the inspection required by paragraph
(g) of this AD to the Boeing Commercial
Airplane Group, P.O. Box 3707, Seattle,
Washington 98124–2207. Alternatively,
operators may submit reports to their Boeing
field service representatives. The report must
contain, at a minimum, the inspection
results, a description of any discrepancies
found, the airplane serial number, and the
number of flight cycles and flight hours on
the airplane. Under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), the Office of Management and Budget
(OMB) has approved the information
collection requirements contained in this AD
and has assigned OMB Control Number
2120–0056.
(1) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(2) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
Alternative Methods of Compliance
(AMOCs)
(l)(1) The Manager, Seattle 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:
Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 917–6577; fax (425)
917–6590. Or, e-mail information to 9–ANM–
Seattle-ACO–AMOC–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.
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Material Incorporated by Reference
(m) You must use Boeing Alert Service
Bulletin 777–53A0054, dated August 7, 2008,
to do the actions required by this AD, unless
the AD specifies otherwise.
(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 Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
(3) You may review copies of the 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.
(4) You may also review copies of the
service information that is incorporated by
reference 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/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
November 12, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–28169 Filed 11–25–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–1073; Directorate
Identifier 2009–NM–174–AD; Amendment
39–16097; AD 2007–15–06 R1]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A318–111 and –112 Series Airplanes,
and Model A319, A320, and A321
Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: The FAA is revising an
existing airworthiness directive (AD),
which applies to all Airbus Model
A318–111 and –112 series airplanes,
and all Model A319, A320, and A321
series airplanes. That AD currently
requires revising the Airworthiness
Limitations section of the Instructions
for Continued Airworthiness to
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incorporate new limitations for fuel tank
systems. This AD clarifies the intended
effect of the AD on spare and onairplane fuel tank system components.
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, could result in a
fuel tank explosion and consequent loss
of the airplane.
DATES: This AD is effective December
14, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of December 14, 2009.
On August 28, 2007 (72 FR 40222,
July 24, 2007), the Director of the
Federal Register approved the
incorporation by reference of certain
other publications listed in the AD.
We must receive any comments on
this AD by January 11, 2010.
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–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAS, 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.airwortheas@airbus.com; Internet https://
www.airbus.com.
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 street address for
the Docket 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: Tim
Dulin, Aerospace Engineer,
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2141; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
On July 13, 2007, we issued AD 2007–
15–06, Amendment 39–15135 (72 FR
40222, July 24, 2007). That AD applied
to all Airbus Model A318–111 and –112
series airplanes, and all A319, A320,
and A321 series airplanes. That AD
required revising the Airworthiness
Limitations section (ALS) of the
Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems.
Critical design configuration control
limitations (CDCCLs) are limitation
requirements to preserve a critical
ignition source prevention feature of the
fuel tank system design that is necessary
to prevent the occurrence of an unsafe
condition. The purpose of a CDCCL is
to provide instruction to retain the
critical ignition source prevention
feature during configuration change that
may be caused by alterations, repairs, or
maintenance actions. A CDCCL is not a
periodic inspection.
Actions Since AD was Issued
Since we issued that AD, we have
determined that it is necessary to clarify
the AD’s intended effect on spare and
on-airplane fuel tank system
components, regarding the use of
maintenance manuals and instructions
for continued airworthiness.
Section 91.403(c) of the Federal
Aviation Regulations (14 CFR 91.403(c))
specifies the following:
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No person may operate an aircraft for
which a manufacturer’s maintenance manual
or instructions for continued airworthiness
has been issued that contains an
airworthiness limitation section unless the
mandatory * * * procedures * * * have
been complied with.
Some operators have questioned
whether existing components affected
by the new CDCCLs must be reworked.
We did not intend for the AD to
retroactively require rework of
components that had been maintained
using acceptable methods before the
effective date of the AD. Owners and
operators of the affected airplanes
therefore are not required to rework
affected components identified as
airworthy or installed on the affected
airplanes before the required revisions
of the ALS. But once the CDCCLs are
incorporated into the ALS, future
maintenance actions on components
must be done in accordance with those
CDCCLs.
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Relevant Service Information
AD 2007–15–06 cites Airbus A318/
A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05,
Issue 1, dated December 19, 2005; and
Airbus A318/A319/A320/A321 ALS
Part 5—Fuel Airworthiness Limitations,
dated February 28, 2006. Since we
issued that AD, Airbus has revised the
referenced service information and
issued Airbus A318/A319/A320/A321
Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 2, dated
July 8, 2008. 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 AD
The affected product(s) have been
approved by the aviation authority of
another country, and are approved for
operation in the United States. We are
issuing this AD because we evaluated
all pertinent information and
determined the unsafe condition exists
and is likely to exist or develop on other
products of the same type design. This
new AD retains the requirements of the
existing AD, and adds a new note to
clarify the intended effect of the AD on
spare and on-airplane fuel tank system
components.
Costs of Compliance
Based on the service information, we
estimate that this AD would affect about
720 products of U.S. registry. We also
estimate that it would take about 2
work-hours per product to comply with
the basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of the AD on U.S. operators to be
$115,200, or $160 per product.
FAA’s Justification and Determination
of the Effective Date
This revision merely clarifies the
intended effect on spare and on-airplane
fuel tank system components, and
makes no substantive change to the
AD’s requirements. For this reason, it is
found that notice and opportunity for
prior public comment for this action are
unnecessary, and good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
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address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2009–1073; Directorate Identifier 2009–
NM–174–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
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 AD.
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 the 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 AD and placed it in the AD docket.
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations
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 part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
■
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–15135 (72 FR
40222, July 24, 2007) and adding the
following new AD:
■
2007–15–06 R1 Airbus: Amendment 39–
16097. Docket No. FAA–2009–1073;
Directorate Identifier 2009–NM–174–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective December 14, 2009.
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Affected ADs
(b) This AD revises AD 2007–15–06,
Amendment 39–15135.
Applicability
(c) This AD applies to all Airbus Model
A318–111 and –112 airplanes; Model A319–
111, –112, –113, –114, –115, –131, –132, and
–133 airplanes; Model A320–111, –211, –212,
–214, –231, –232, and –233 airplanes; and
Model A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes; certificated
in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections and critical design
configuration control limitations (CDCCLs).
Compliance with the operator maintenance
documents is required by 14 CFR 91.403(c).
For airplanes that have been previously
modified, altered, or repaired in the areas
addressed by these inspections and CDCCLs,
the operator may not be able to accomplish
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 (i) of this
AD. The request should include a description
of changes to the required inspections and
CDCCLs that will preserve the critical
ignition source prevention feature of the
affected fuel system.
Unsafe Condition
(d) This AD results from fuel system
reviews conducted by the manufacturer. We
are issuing this AD to prevent the potential
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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.
Restatement of AD 2007–15–06, With
Revised Service Information
Revise Airworthiness Limitations Section
(ALS) To Incorporate Fuel
Maintenance and Inspection Tasks
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
of ignition sources inside fuel tanks, which,
in combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Within 3 months after August 28, 2007
(the effective date of AD 2007–15–06), revise
the ALS of the Instructions for Continued
Airworthiness to incorporate Airbus A318/
A319/A320/A321 ALS Part 5—Fuel
Airworthiness Limitations, dated February
28, 2006, as defined in Airbus A318/A319/
A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 1, dated
December 19, 2005 (approved by the
European Aviation Safety Agency (EASA) on
March 14, 2006), Section 1, ‘‘Maintenance/
Inspection Tasks;’’ or Airbus A318/A319/
A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 2, dated July 8,
2008 (approved by the EASA on December
19, 2008), Section 1, ‘‘Maintenance/
Inspection Tasks.’’ For all tasks identified in
Section 1 of Document 95A.1931/05, the
initial compliance times start from August
28, 2007, and the repetitive inspections must
be accomplished thereafter at the intervals
specified in Section 1 of Document
95A.1931/05.
Note 2: Airbus Operator Information Telex
(OIT) SE 999.0076/06, dated June 20, 2006,
identifies the applicable sections of the
Airbus A318/A319/A320/A321 Airplane
Maintenance Manual necessary for
accomplishing the tasks specified in Section
1 of Document 95A.1931/05.
Revise ALS To Incorporate CDCCLs
(g) Within 12 months after August 28,
2007, revise the ALS of the Instructions for
Continued Airworthiness to incorporate
Airbus A318/A319/A320/A321 ALS Part 5—
Fuel Airworthiness Limitations, dated
February 28, 2006, as defined in Airbus
A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 1,
dated December 19, 2005 (approved by the
EASA on March 14, 2006), Section 2,
‘‘Critical Design Configuration Control
Limitations;’’ or Airbus A318/A319/A320/
A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 2, dated July 8,
2008 (approved by EASA on December 19,
2008), Section 2, ‘‘Critical Design
Configuration Control Limitations.’’
No Alternative Inspections, Inspection
Intervals, or CDCCLs
(h) Except as provided by paragraph (i) of
this AD: After accomplishing the actions
specified in paragraphs (f) and (g) of this AD,
no alternative inspections, inspection
intervals, or CDCCLs may be used.
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New Information
Explanation of CDCCL Requirements
Note 3: Notwithstanding any other
maintenance or operational requirements,
components that have been identified as
airworthy or installed on the affected
airplanes before the revision of the ALS, as
required by paragraphs (f) and (g) of this AD,
do not need to be reworked in accordance
with the CDCCLs. However, once the ALS
has been revised, future maintenance actions
on these components must be done in
accordance with the CDCCLs.
Other FAA AD Provisions
(i) 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 Dulin,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2141; 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
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(j) EASA Airworthiness Directive 2006–
0203, dated July 11, 2006, also addresses the
subject of this AD.
Material Incorporated by Reference
(k) You must use Airbus A318/A319/A320/
A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 1, dated
December 19, 2005; Airbus A318/A319/
A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 2, dated July 8,
2008; and Airbus A319/A319/A320/A321
ALS Part 5—Fuel Airworthiness Limitations,
dated February 28, 2006; as applicable; to do
the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Airbus A318/A319/A320/A321 Fuel
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations
Airworthiness Limitations, Document
95A.1931/05, Issue 2, dated July 8, 2008,
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register
previously approved the incorporation by
reference of Airbus A318/A319/A320/A321
Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 1, dated December 19,
2005; and Airbus A319/A319/A320/A321
ALS Part 5—Fuel Airworthiness Limitations,
dated February 28, 2006; on August 28, 2007
(72 FR 40222, July 24, 2007).
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAS, 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.
(4) You may review copies of the 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.
(5) You may also review copies of the
service information that is incorporated by
reference 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/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
November 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–28159 Filed 11–25–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0674; Directorate
Identifier 2009–NE–25–AD; Amendment 39–
16092; AD 2009–24–05]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
plc RB211–Trent 800 Series Turbofan
Engines
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AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
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Under certain ambient conditions, ice can
accumulate on the walls of the fuel pipes
within the aircraft fuel system, which can
then be released downstream when fuel flow
demand is increased. This released ice can
then collect on the fuel-to-oil heat exchanger
(FOHE) front face and limit fuel flow through
the FOHE.
We are issuing this AD to prevent ice
from blocking the FOHE, which could
result in an unacceptable engine power
loss, and loss of control of the airplane.
DATES: This AD becomes effective
January 4, 2010. The Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in the regulations as
of January 4, 2010.
ADDRESSES: The Docket Operations
office is located at Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT:
James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine
and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: james.lawrence@faa.gov;
telephone (781) 238–7176; fax (781)
238–7199.
You can get the service information
identified in this AD from Rolls-Royce
plc, P.O. Box 31, DERBY, DE24 8BJ, UK;
telephone 44 (0) 1332 242424; fax 44 (0)
1332 249936.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on July 23, 2009 (74 FR 36422).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
This Airworthiness Directive has been
raised following an incident involving dual
loss of engine response in the final stages of
approach leading to touchdown short of the
runway. The phenomenon involved in the
loss of engine response has also been seen in
flight affecting just one engine.
Post incident analysis and investigation
has established that, under certain ambient
conditions, ice can accumulate on the walls
of the fuel pipes within the aircraft fuel
system, which can then be released
downstream when fuel flow demand is
increased. This released ice can then collect
on the FOHE front face and limit fuel flow
through the FOHE. This type of icing event
was previously unknown and creates ice
concentrations in the fuel system beyond
those specified in the certification
requirements.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
To mitigate the risk of engine FOHE
blockage, this AD requires replacing the
FOHE, part number (P/N) 55003001–1
or 55003001–11, with a FOHE that has
been modified using Rolls-Royce plc
Alert Service Bulletin (ASB) No.
RB.211–79–AG257, Revision 1, dated
September 14, 2009.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Eliminate ‘‘Or Equivalent’’
From Paragraph (e)
Delta Airlines requests that we
eliminate the words ‘‘or equivalent’’
from paragraph (e) of the proposed AD.
We agree. We deleted them from
paragraph (e) of the AD.
Requests To List the Replacement
FOHE P/N or Subsequent Post Alert
Service Bulletin FOHE P/N
American Airlines, Rolls-Royce plc,
Boeing, and the Airlines Pilot
Association (ALPA) request that we
require replacing the FOHE, P/N
55003001–1 or 55003001–11, with a
FOHE P/N 55003001–21, or subsequent
post Rolls-Royce plc ASB No. RB.211–
79–AG257 FOHE P/N.
We partially agree. Rulemaking
requirements do not permit advance
approval of unknown future revisions to
service bulletins and part numbers.
However, we agree that we can clarify
the compliance to identify the
modification needed to replace the
FOHE. We changed paragraph (e) to
state ‘‘Unless already done, within 6,000
flight hours after the effective date of
this AD, but no later than January 1,
2011, replace the FOHE, P/N 55003001–
1 or 55003001–11, with an FOHE
modified using Rolls-Royce plc ASB No.
RB.211–79–AG257, Revision 1, dated
September 14, 2009.
Request To Change the Summary and
Discussion Paragraphs
Boeing requests that we change the
Summary and Discussion paragraphs
from ‘‘under certain ambient conditions,
ice can accumulate on the walls of the
fuel pipes within the aircraft fuel
system’’ to ‘‘under certain ambient
conditions, ice can accumulate on the
walls of the fuel pipes within the
aircraft and/or engine fuel systems.’’
The commenter states that the current
wording suggests that ice accumulation
is possible only in the aircraft-side wing
and strut fuel feed lines. Post incident
analysis and investigation could not
conclusively identify where in the feed
lines ice accumulated, nor did it
exclude the possibility of accumulation
E:\FR\FM\27NOR1.SGM
27NOR1
]]>Agencies
[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62219-62222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28159]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1073; Directorate Identifier 2009-NM-174-AD;
Amendment 39-16097; AD 2007-15-06 R1]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318-111 and -112 Series
Airplanes, and Model A319, A320, and A321 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an existing airworthiness directive (AD),
which applies to all Airbus Model A318-111 and -112 series airplanes,
and all Model A319, A320, and A321 series airplanes. That AD currently
requires revising the Airworthiness Limitations section of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. This AD clarifies the intended effect of the AD
on spare and on-airplane fuel tank system components. 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, could result in a
fuel tank explosion and consequent loss of the airplane.
DATES: This AD is effective December 14, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 14,
2009.
On August 28, 2007 (72 FR 40222, July 24, 2007), the Director of
the Federal Register approved the incorporation by reference of certain
other publications listed in the AD.
We must receive any comments on this AD by January 11, 2010.
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-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Airbus,
Airworthiness Office--EAS, 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.
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 street address for
the Docket 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: Tim Dulin, Aerospace Engineer,
[[Page 62220]]
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
On July 13, 2007, we issued AD 2007-15-06, Amendment 39-15135 (72
FR 40222, July 24, 2007). That AD applied to all Airbus Model A318-111
and -112 series airplanes, and all A319, A320, and A321 series
airplanes. That AD required revising the Airworthiness Limitations
section (ALS) of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
Actions Since AD was Issued
Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:
No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.
Some operators have questioned whether existing components affected
by the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the ALS. But once
the CDCCLs are incorporated into the ALS, future maintenance actions on
components must be done in accordance with those CDCCLs.
Relevant Service Information
AD 2007-15-06 cites Airbus A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005;
and Airbus A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness
Limitations, dated February 28, 2006. Since we issued that AD, Airbus
has revised the referenced service information and issued Airbus A318/
A319/A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05,
Issue 2, dated July 8, 2008. 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 AD
The affected product(s) have been approved by the aviation
authority of another country, and are approved for operation in the
United States. We are issuing this AD because we evaluated all
pertinent information and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.
This new AD retains the requirements of the existing AD, and adds a new
note to clarify the intended effect of the AD on spare and on-airplane
fuel tank system components.
Costs of Compliance
Based on the service information, we estimate that this AD would
affect about 720 products of U.S. registry. We also estimate that it
would take about 2 work-hours per product to comply with the basic
requirements of this AD. The average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $115,200, or $160 per product.
FAA's Justification and Determination of the Effective Date
This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change
to the AD's requirements. For this reason, it is found that notice and
opportunity for prior public comment for this action are unnecessary,
and good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2009-1073; Directorate Identifier 2009-NM-174-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of 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 AD.
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 the 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 AD and placed it in the AD docket.
[[Page 62221]]
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 part 39 of the Federal Aviation Regulations (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 FAA amends Sec. 39.13 by removing amendment 39-15135 (72 FR
40222, July 24, 2007) and adding the following new AD:
2007-15-06 R1 Airbus: Amendment 39-16097. Docket No. FAA-2009-1073;
Directorate Identifier 2009-NM-174-AD.
Effective Date
(a) This airworthiness directive (AD) is effective December 14,
2009.
Affected ADs
(b) This AD revises AD 2007-15-06, Amendment 39-15135.
Applicability
(c) This AD applies to all Airbus Model A318-111 and -112
airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -
133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and -
233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -
231, and -232 airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and critical design
configuration control limitations (CDCCLs). Compliance with the
operator maintenance documents is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by these inspections and CDCCLs, the operator
may not be able to accomplish 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 (i) of this AD. The request should
include a description of changes to the required inspections and
CDCCLs that will preserve the critical ignition source prevention
feature of the affected fuel system.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion 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.
Restatement of AD 2007-15-06, With Revised Service Information
Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel
Maintenance and Inspection Tasks
(f) Within 3 months after August 28, 2007 (the effective date of
AD 2007-15-06), revise the ALS of the Instructions for Continued
Airworthiness to incorporate Airbus A318/A319/A320/A321 ALS Part 5--
Fuel Airworthiness Limitations, dated February 28, 2006, as defined
in Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations,
Document 95A.1931/05, Issue 1, dated December 19, 2005 (approved by
the European Aviation Safety Agency (EASA) on March 14, 2006),
Section 1, ``Maintenance/Inspection Tasks;'' or Airbus A318/A319/
A320/A321 Fuel Airworthiness Limitations, Document 95A.1931/05,
Issue 2, dated July 8, 2008 (approved by the EASA on December 19,
2008), Section 1, ``Maintenance/Inspection Tasks.'' For all tasks
identified in Section 1 of Document 95A.1931/05, the initial
compliance times start from August 28, 2007, and the repetitive
inspections must be accomplished thereafter at the intervals
specified in Section 1 of Document 95A.1931/05.
Note 2: Airbus Operator Information Telex (OIT) SE 999.0076/06,
dated June 20, 2006, identifies the applicable sections of the
Airbus A318/A319/A320/A321 Airplane Maintenance Manual necessary for
accomplishing the tasks specified in Section 1 of Document 95A.1931/
05.
Revise ALS To Incorporate CDCCLs
(g) Within 12 months after August 28, 2007, revise the ALS of
the Instructions for Continued Airworthiness to incorporate Airbus
A318/A319/A320/A321 ALS Part 5--Fuel Airworthiness Limitations,
dated February 28, 2006, as defined in Airbus A318/A319/A320/A321
Fuel Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated
December 19, 2005 (approved by the EASA on March 14, 2006), Section
2, ``Critical Design Configuration Control Limitations;'' or Airbus
A318/A319/A320/A321 Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 2, dated July 8, 2008 (approved by EASA on
December 19, 2008), Section 2, ``Critical Design Configuration
Control Limitations.''
No Alternative Inspections, Inspection Intervals, or CDCCLs
(h) Except as provided by paragraph (i) of this AD: After
accomplishing the actions specified in paragraphs (f) and (g) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
New Information
Explanation of CDCCL Requirements
Note 3: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (f) and (g) of this AD, do not need to be
reworked in accordance with the CDCCLs. However, once the ALS has
been revised, future maintenance actions on these components must be
done in accordance with the CDCCLs.
Other FAA AD Provisions
(i) 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
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2141; 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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(j) EASA Airworthiness Directive 2006-0203, dated July 11, 2006,
also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use Airbus A318/A319/A320/A321 Fuel Airworthiness
Limitations, Document 95A.1931/05, Issue 1, dated December 19, 2005;
Airbus A318/A319/A320/A321 Fuel Airworthiness Limitations, Document
95A.1931/05, Issue 2, dated July 8, 2008; and Airbus A319/A319/A320/
A321 ALS Part 5--Fuel Airworthiness Limitations, dated February 28,
2006; as applicable; to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of Airbus A318/A319/A320/A321 Fuel
[[Page 62222]]
Airworthiness Limitations, Document 95A.1931/05, Issue 2, dated July
8, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of Airbus A318/A319/A320/A321 Fuel
Airworthiness Limitations, Document 95A.1931/05, Issue 1, dated
December 19, 2005; and Airbus A319/A319/A320/A321 ALS Part 5--Fuel
Airworthiness Limitations, dated February 28, 2006; on August 28,
2007 (72 FR 40222, July 24, 2007).
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 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.
(4) You may review copies of the 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.
(5) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on November 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-28159 Filed 11-25-09; 8:45 am]
BILLING CODE 4910-13-P
