Airworthiness Directives; Airbus Airplanes, 11101-11106 [2015-02676]
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(l) Credit for Previous Actions
(1) This paragraph provides credit for
actions required by paragraph (i)(1) of this
AD, if those actions were performed before
the effective date of this AD using Airbus
Service Bulletin A320–53–1195, Revision 03,
dated November 8, 2011; or Airbus Service
Bulletin A320–53–1195, Revision 04, dated
August 22, 2012; which are not incorporated
by reference in this AD.
(2) This paragraph provides credit for
actions required by paragraph (i)(2) of this
AD, if those actions were performed before
the effective date of this AD using Airbus
Service Bulletin A320–53–1196, Revision 02,
dated November 8, 2011; or Airbus Service
Bulletin A320–53–1196, Revision 03, dated
August 22, 2012; which are not incorporated
by reference in this AD.
(m) Other FAA AD Provisions
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.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1405; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office. The AMOC approval letter
must specifically reference this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
EASA; or Airbus’s EASA DOA. If approved
by the DOA, the approval must include the
DOA-authorized signature.
(3) Reporting Requirements: A federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
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be directed to the FAA at: 800 Independence
Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
DEPARTMENT OF TRANSPORTATION
(n) Related Information
14 CFR Part 39
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2012–0118, dated
July 4, 2012, for related information. You
may examine the MCAI in the AD docket on
the Internet at https://www.regulations.gov/
#!documentDetail;D=FAA-2014-0139-0002.
(2) Service information identified in this
AD that is not incorporated by reference in
this AD is available at the addresses specified
in paragraphs (o)(5) and (o)(6) of this AD.
[Docket No. FAA–2014–0189; Directorate
Identifier 2013–NM–181–AD; Amendment
39–18099; AD 2015–03–03]
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on April 6, 2015.
(i) Airbus Service Bulletin A320–53–1195,
Revision 05, dated November 22, 2013.
(ii) Airbus Service Bulletin A320–53–1196,
Revision 04, dated November 22, 2013.
(4) The following service information was
approved for IBR on November 3, 2009 (74
FR 49795, September 29, 2009).
(i) Airbus Mandatory Service Bulletin
A320–53–1195, Revision 02, including
Appendix 01, dated April 5, 2007.
(ii) Airbus Mandatory Service Bulletin
A320–53–1196, Revision 01, including
Appendix 01, dated November 29, 2006.
(5) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
(6) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(7) You may view this 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/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
4, 2015.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–02692 Filed 2–27–15; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A300 series airplanes,
Model A300 B4–600, B4–600R, and F4–
600R series airplanes, and Model A300
C4–605R Variant F airplanes
(collectively called Model A300–600
series airplanes). This AD was prompted
by a report of chafing found on the
overflow sensor harness of the surge
tank, and subsequent contact between
the electrical wiring and fuel tank
structure. This AD requires a one-time
inspection for chafing of the overflow
sensor harness, and repair if necessary.
This AD also requires modification of
the sensor harness. We are issuing this
AD to prevent chafing of the harness
and subsequent contact between the
electrical wiring and fuel tank structure,
which could result in electrical arcing
and a fuel tank explosion and
consequent loss of the airplane.
DATES: This AD becomes effective April
6, 2015.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 6, 2015.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2014-0189 or in
person at the Docket Management
Facility, U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC.
For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airwortheas@airbus.com; Internet https://
www.airbus.com. You may view this
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA.
SUMMARY:
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For information on the availability of
this material at the FAA, call 425–227–
1221. It is also available on the Internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2014–0189.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–227–2125; fax:
425–227–1149.
SUPPLEMENTARY INFORMATION:
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Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus Model A300 series
airplanes, Model A300 B4–600, B4–
600R, and F4–600R series airplanes, and
Model A300 C4–605R Variant F
airplanes (collectively called Model
A300–600 series airplanes). The NPRM
published in the Federal Register on
April 8, 2014 (79 FR 19296).
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2013–0193, dated August 23,
2013 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Airbus
Model A300 series airplanes, Model
A300 B4–600, B4–600R, and F4–600R
series airplanes, and Model A300 C4–
605R Variant F airplanes (collectively
called Model A300–600 series
airplanes). The MCAI states:
During a scheduled maintenance check on
an A300 aeroplane, chafing was found on the
surge tank overflow sensor harness. The
harness was found to contact the Magnetic
Fuel Level Indicator (MFLI) canister.
Prompted by these findings, DGAC
´ ´
[Direction Generale de l’Aviation Civile]
France issued [(https://ad.easa.europa.eu/
blob/easa_ad_1999_404_293.pdf/AD_1999404-293)] to require modification of the
harness routing in accordance with the
instructions of Airbus SB [service bulletin]
A300–28–0058 or SB A300–28–6020, as
applicable to aeroplane model.
Since that [DGAC] AD was issued,
maintenance work on modified A300–600
aeroplanes revealed some chafing of the
harness, creating a potential contact between
the electrical wire and fuel tank structure.
Investigations have shown that although
measures were taken to prevent contact of the
harness with the MFLI (through modification
04489), the installation can be subject to
human error. As the MFLI is integral to the
access panel in this location, any potential
contact with the harness (as a result of
incorrect installation) is hidden.
This condition, if not detected and
corrected, could lead to electrical arcing,
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possibly resulting in a fuel tank explosion
and loss of the aeroplane. To address this
potential unsafe condition, Airbus issued SB
A300–28–0091 for A300 aeroplanes, SB
A300–28–6109 for A300–600 aeroplanes, and
A300–28–9022 for A300–600ST aeroplanes.
For the reasons described above, this
[EASA] AD requires a one-time inspection of
the harness and, depending on findings,
corrective actions, as well as replacement of
angle brackets by error-proof harness
brackets.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov/#!document
Detail;D=FAA-2014-0189-0002.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM (79 FR 19296,
April 8, 2014) and the FAA’s response
to each comment.
Request To Remove AD Reference in
Repair Approvals
United Parcel Service (UPS) asked
that we remove the requirement to
include the AD reference in repair
approvals, as specified in paragraph
(g)(1) of the proposed AD (79 FR 19296,
April 8, 2014), which states ‘‘For a
repair to be approved, the repair must
specifically refer to this AD.’’ UPS
stated the following: ‘‘The proposed
wording, being specific to repairs,
eliminates the interpretation that Airbus
messages are acceptable for approving
minor deviations (corrective actions)
needed during accomplishment of a
mandated Airbus service bulletin.’’ UPS
added that this will result in an increase
in alternative method of compliance
(AMOC) requests.
We agree with the commenter’s
request to remove the requirement that
repair approvals specifically refer to this
AD, from this AD.
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD. The MCAI or referenced
service information in an FAA AD often
directs the owner/operator to contact
the manufacturer for corrective actions,
such as a repair. Briefly, the Airworthy
Product paragraph allowed owners/
operators to use corrective actions
provided by the manufacturer if those
actions were FAA-approved. In
addition, the paragraph stated that any
actions approved by the State of Design
Authority (or its delegated agent) are
considered to be FAA-approved.
In the NPRM (79 FR 19296, April 8,
2014), we proposed to prevent the use
of repairs that were not specifically
developed to correct the unsafe
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condition, by requiring that the repair
approval provided by the State of
Design Authority or its delegated agent
specifically refer to this FAA AD. This
change was intended to clarify the
method of compliance and to provide
operators with better visibility of repairs
that are specifically developed and
approved to correct the unsafe
condition. In addition, we proposed to
change the phrase ‘‘its delegated agent’’
to include ‘‘the Design Approval Holder
(DAH) with a State of Design
Authority’s design organization
approval (DOA)’’ to refer to a DAH
authorized to approve required repairs
for the AD.
As stated previously, UPS commented
that: ‘‘The proposed wording, being
specific to repairs, eliminates the
interpretation that Airbus messages are
acceptable for approving minor
deviations (corrective actions) needed
during accomplishment of an AD
mandated Airbus service bulletin.’’ This
comment has made the FAA aware that
some operators have misunderstood or
misinterpreted the Airworthy Product
paragraph to allow the owner/operator
to use messages provided by the
manufacturer as approval of deviations
during the accomplishment of an ADmandated action. The Airworthy
Product paragraph does not approve
messages or other information provided
by the manufacturer for deviations to
the requirements of the AD-mandated
actions. The Airworthy Product
paragraph only addresses the
requirement to contact the manufacturer
for corrective actions for the identified
unsafe condition and does not cover
deviations from other AD requirements.
However, deviations to AD-required
actions are addressed in 14 CFR 39.17,
and anyone may request the approval
for an alternative method of compliance
to the AD-required actions using the
procedures found in 14 CFR 39.19.
To address this misunderstanding and
misinterpretation of the Airworthy
Product paragraph, we have changed
that paragraph and retitled it
‘‘Contacting the Manufacturer.’’ This
paragraph now clarifies that for any
requirement in this AD to obtain
corrective actions from a manufacturer,
the actions must be accomplished using
a method approved by the FAA, EASA,
or Airbus’s EASA DOA.
The Contacting the Manufacturer
paragraph also clarifies that, if approved
by the DOA, the approval must include
the DOA-authorized signature. The DOA
signature indicates that the data and
information contained in the document
are EASA-approved, which is also FAAapproved. Messages and other
information provided by the
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manufacturer, that do not contain the
DOA-authorized signature approval are
not EASA-approved, unless EASA
directly approves the manufacturer’s
message or other information.
This clarification does not remove
flexibility previously afforded by the
Airworthy Product paragraph.
Consistent with long-standing FAA
policy, such flexibility was never
intended for required actions. This is
also consistent with the
recommendation of the Airworthiness
Directive Implementation Aviation
Rulemaking Committee to increase
flexibility in complying with ADs by
identifying those actions in
manufacturers’ service instructions that
are ‘‘Required for Compliance’’ with
ADs. We continue to work with
manufacturers to implement this
recommendation. But once we
determine that an action is required, any
deviation from the requirement must be
approved as an AMOC.
Commenters to an NPRM having
Directorate Identifier 2012–NM–101–AD
(78 FR 78285, December 26, 2013)
pointed out that in many cases the
foreign manufacturer’s service bulletin
and the foreign authority’s MCAI may
have been issued some time before the
FAA AD. Therefore, the DOA may have
provided U.S. operators with an
approved repair, developed with full
awareness of the unsafe condition,
before the FAA AD is issued. Under
these circumstances, to comply with the
FAA AD, the operator would be
required to go back to the
manufacturer’s DOA and obtain a new
approval document, adding time and
expense to the compliance process with
no safety benefit.
Based on these comments, we
removed the requirement from this AD
that the DAH-provided repair
specifically refer to this AD. Before
adopting such a requirement in the
future, the FAA will coordinate with
affected DAHs and verify they are
prepared to implement means to ensure
that their repair approvals consider the
unsafe condition addressed in an AD.
Any such requirements will be adopted
through the normal AD rulemaking
process, including notice-and-comment
procedures, when appropriate.
We also have decided not to include
a generic reference to either the
‘‘delegated agent’’ or the ‘‘DAH with
State of Design Authority design
organization approval,’’ but instead we
have provided the specific delegation
approval granted by the State of Design
Authority for the DAH.
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Request To Extend the Compliance
Time
UPS asked that we extend the
compliance time specified in paragraph
(g) of the proposed AD (79 FR 19296,
April 8, 2014) from 30 to 36 months.
UPS stated that it expects to accomplish
the inspection during its existing
C-check interval, which is 30 months.
UPS added that in order to perform the
inspection and repair at its major
maintenance facility during C-checks, it
requires an additional 6 months to allow
for planning, preparation, and
prototyping of the service information.
UPS noted that this additional time is
for the prototyping effort necessary
when a project is initiated; UPS has
determined that service information is
often revised during accomplishment of
the required actions, which makes it
difficult to maintain regular
maintenance schedules. Therefore, UPS
must schedule special visit check lines
for accomplishing the actions.
We do not agree with the commenter’s
request to extend the compliance time.
In developing an appropriate
compliance time for this action, we
considered the safety implications, parts
availability, and normal maintenance
schedules for the timely
accomplishment of the inspection and
subsequent modification. In
consideration of these items, as well as
the possibility of chafing of the overflow
sensor harness, we have determined that
a 30-month compliance time will ensure
an acceptable level of safety and allow
the modification to be done during
scheduled maintenance intervals for
most affected operators. However, under
the provisions of paragraph (j)(1) of this
AD, we will consider requests for
approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the new
compliance time would provide an
acceptable level of safety. We have not
changed this AD in this regard.
Request To Include Another Source of
Service Information
FedEx Express asked that we allow
the use of UTC Aerospace Systems
Service Bulletin V–1577 for
accomplishing the actions in the NPRM
(79 FR 19296, April 8, 2014). FedEx
Express stated that it operates 71 Airbus
Model A300–600 series airplanes, and
65 of those airplanes have had the intank fuel quantity system modified by a
certain supplemental type certificate
(STC), which means Airbus Service
Bulletin A300–28–6109, Revision 01,
dated December 20, 2013 (referred to as
the appropriate source of service
information for accomplishing the
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11103
actions), cannot be used to accomplish
the proposed actions. However, FedEx
Express noted that six of its airplanes
have the production in-tank fuel
quantity system installed, and the
referenced service information can be
used for those airplanes. FedEx Express
stated that the UTC Aerospace Systems
service bulletin has not been issued yet;
however, after issuance it should be
included in the NPRM as a source of
service information for accomplishing
the proposed actions in order to mitigate
the unsafe condition.
We partially agree with the
commenter. We agree that airplanes that
have had the in-tank fuel quantity
system modified by STC ST00092BO
(https://rgl.faa.gov/Regulatory_and_
Guidance_Library/rgstc.nsf/0/
D41C5AE8E46B4901862574900069E
004?OpenDocument&Highlight=
st00092bo) cannot accomplish the
actions proposed in the NPRM (79 FR
19296, April 8, 2014) by using Airbus
Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013.
Since the issuance of the NPRM, UTC
Aerospace Systems has issued service
bulletin 300723–28–03 (V–1577), dated
October 10, 2014, to address the unsafe
condition for airplanes that have been
modified by supplemental type
certificate ST00092BO.
We do not agree to revise this AD to
require UTC Aerospace Systems Service
Bulletin 300723–28–03 (V–1577), dated
October 10, 2014. Instead, we are
considering separate rulemaking to
require the procedures and compliance
time specified in UTC Aerospace
Systems Service Bulletin 300723–28–03
(V–1577), dated October 10, 2014, for
airplanes modified by STC ST00092BO.
Therefore, we have revised paragraph
(c) of this AD by removing airplanes
modified by STC ST00092BO from the
applicability of this AD.
Request To Include Revised Service
Information
FedEx Express asked that Revision 02
of Airbus Service Bulletin A300–28–
6109 be included for accomplishing the
actions in the NPRM (79 FR 19296,
April 8, 2014) before the final rule is
issued. FedEx Express stated that it
reviewed Airbus Service Bulletin A300–
28–6109, Revision 01, dated December
20, 2013, and submitted its findings to
Airbus for incorporation into upcoming
Revision 02 before issuance. FedEx
Express added that its intent in doing so
was to prevent future requests for
AMOCs to the FAA.
We disagree with the commenter’s
request to include Revision 02 of Airbus
Service Bulletin A300–28–6109. We are
aware that Airbus is considering
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revising Airbus Service Bulletin A300–
28–6109, Revision 01, dated December
20, 2013, to incorporate feedback
received from FedEx Express in the
Accomplishment Instructions of the
service bulletin. We will consider
approving Revision 02 of Airbus Service
Bulletin A300–28–6109 as an AMOC to
the actions specified in paragraphs (g)
and (h) of this AD, once this service
bulletin is released. However, we find
that delaying this AD action would be
inappropriate in light of the urgency of
the identified unsafe condition.
Therefore, no change has been made to
this AD in this regard.
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Request To Clarify the ‘‘Required for
Compliance’’ Instructions
FedEx Express asked for clarification
as to whether the Required for
Compliance (RC) note identified in the
Accomplishment Instructions of Airbus
Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013,
is applicable to the actions specified in
the NPRM (79 FR 19296, April 8, 2014)
and EASA Airworthiness Directive
2013–0193, dated August 23, 2013.
We acknowledge the commenter’s
concern and provide the following
clarification:
The FAA worked in conjunction with
industry, under the Airworthiness
Directives Implementation Aviation
Rulemaking Committee (ARC), to
enhance the AD system. One
enhancement is a new process for
annotating which steps in the service
information are ‘‘required for
compliance’’ with an AD. Differentiating
these steps from other tasks in the
service information is expected to
improve an owner’s and operator’s
understanding of AD requirements and
help provide consistent judgment in AD
compliance. In response to the AD
Implementation ARC, the FAA released
AC 20–176, Revision A, dated June 16,
2014, (https://rgl.avs.faa.gov/Regulatory_
and_Guidance_Library/rgAdvisory
Circular.nsf/0/a78cc91a47b192278
625796b0075f419/$FILE/AC%2020176.pdf); and Order 8110.117 (https://
rgl.avs.faa.gov/Regulatory_and_
Guidance_Library/rgOrders.nsf/0/
984bb9eb07cdd86986257a7f0070744c/
$FILE/Order%208110.117.pdf), which
include the concept of RC. The FAA has
begun implementing this concept in
ADs when we receive service
information containing RC steps.
Therefore, the RC note does apply to the
actions required by this AD when using
Airbus Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013,
to accomplish the required actions. We
do not have information concerning
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how EASA implements the RC concept
in its ADs.
We split paragraph (j)(1) and
redesignated the content as paragraphs
(j)(1) and (j)(1)(i) of this AD, and added
paragraph (j)(1)(ii) to this AD to reflect
information concerning the RC concept
and to explain when it is necessary to
request approval of an AMOC.
Clarification of Inspection Type
Paragraph (g) of this AD has been
revised to clarify the inspection type as
a one-time general visual inspection.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these changes:
• Are consistent with the intent that
was proposed in the NPRM (79 FR
19296, April 8, 2014) for correcting the
unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (79 FR 19296,
April 8, 2014).
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
Related Service Information Under
1 CFR Part 51
We reviewed Airbus Mandatory
Service Bulletins A300–28–0091, dated
March 5, 2013; and A300–28–6109,
Revision 01, dated December 20, 2013.
This service information describes
procedures for a one-time inspection for
chafing of the overflow sensor harness,
and contacting the manufacturer for
repair instructions. This service
information also describes modification
of the sensor harness. This service
information is reasonably available; see
ADDRESSES for ways to access this
service information.
Costs of Compliance
We estimate that this AD affects 123
airplanes of U.S. registry.
We also estimate that it takes about 3
work-hours per product to comply with
the inspection required by this AD. The
average labor rate is $85 per work-hour.
Based on these figures, we estimate the
cost of this inspection on U.S. operators
to be $31,365, or $255 per product.
We estimate that it takes about 12
work-hours per product to comply with
the modification requirements of this
AD. The average labor rate is $85 per
work-hour. Required parts cost about
$500 per product. Based on these
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figures, we estimate the cost of this
modification on U.S. operators to be
$186,960, or $1,520 per product.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition repairs
specified in 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 determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. 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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov/#!docket
Detail;D=FAA-2014-0189; 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
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street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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 airworthiness
directive (AD):
■
2015–03–03 Airbus: Amendment 39–18099.
Docket No. FAA–2014–0189; Directorate
Identifier 2013–NM–181–AD.
(a) Effective Date
This AD becomes effective April 6, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus airplanes
specified in paragraphs (c)(1), (c)(2), (c)(3),
(c)(4), and (c)(5) of this AD, certificated in
any category, all manufacturer serial
numbers; except for airplanes modified by
supplemental type certificate ST00092BO
(https://rgl.faa.gov/Regulatory_and_
Guidance_Library/rgstc.nsf/0/
D41C5AE8E46B4901862574900069E
004?OpenDocument&Highlight=st00092bo).
(1) Model A300 B2–1A, B2–1C, B2K–3C,
B2–203, B4–2C, B4–103, and B4–203
airplanes.
(2) Model A300 B4–601, B4–603, B4–620,
and B4–622 airplanes.
(3) Model A300 B4–605R and B4–622R
airplanes.
(4) Model A300 F4–605R and F4–622R
airplanes.
(5) Model A300 C4–605R Variant F
airplanes.
wreier-aviles on DSK5TPTVN1PROD with RULES
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of
chafing found on the overflow sensor harness
of the surge tank, and subsequent contact
between the electrical wiring and fuel tank
structure. We are issuing this AD to prevent
chafing of the harness and subsequent
contact between the electrical wiring and fuel
tank structure, which could result in
electrical arcing and a fuel tank explosion
and consequent loss of the airplane.
VerDate Sep<11>2014
14:17 Feb 27, 2015
Jkt 235001
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) One-Time Inspection and Repair
Within 30 months after the effective date
of this AD: Perform a one-time general visual
inspection for chafing of the outer tank
sensor harness between ribs 26 and 27, in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300–
28–0091, dated March 5, 2013 (for Model
A300 series airplanes); or Airbus Service
Bulletin A300–28–6109, Revision 01, dated
December 20, 2013 (for Model A300–600
series airplanes);
(1) If any previous repairs are identified, or
if braid and wire insulation is found
damaged with the conductor exposed during
the inspection required by the introductory
text of paragraph (g) of this AD: Before
further flight, repair using a method
approved by the Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus’s EASA
Design Organization Approval (DOA).
(2) If the braid and wire insulation is found
damaged without the conductor exposed
during the inspection required by the
introductory text of paragraph (g) of this AD:
Before further flight, repair, in accordance
with the Accomplishment Instructions of
Airbus Service Bulletin A300–28–0091,
dated March 5, 2013 (for Model A300 series
airplanes); or Airbus Service Bulletin A300–
28–6109, Revision 01, dated December 20,
2013 (for Model A300–600 series airplanes).
(h) Modification
(1) For airplanes on which no damage was
found during the inspection required by the
introductory text of paragraph (g) of this AD:
Before further flight, install modified and
error-proof angle brackets to stringer 15
between ribs 26 and 27 of the outer tank
sensor harness, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A300–28–0091, dated March
5, 2013 (for Model A300 series airplanes); or
Airbus Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013 (for
Model A300–600 series airplanes).
(2) For airplanes on which any damage was
found during the inspection required by the
introductory text of paragraph (g) of this AD,
and the applicable repair required by
paragraph (g)(1) or (g)(2) of this AD has been
done: Before further flight, install modified
and error-proof angle brackets to stringer 15
between ribs 26 and 27 of the outer tank
sensor harness, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A300–28–0091, dated March
5, 2013 (for Model A300 series airplanes); or
Airbus Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013 (for
Model A300–600 series airplanes).
(i) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraphs (g) and (h) of this AD,
if those actions were performed before the
effective date of this AD using Airbus Service
Bulletin A300–28–6109, dated March 5,
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
11105
2013, which is not incorporated by reference
in this AD.
(j) Other FAA AD Provisions
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.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Dan Rodina, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–227–2125; fax: 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(ii) Except as required by paragraph (g)(1)
of this AD: If the service information contains
procedures or tests that are identified as RC
(Required for Compliance), those procedures
and tests must be done to comply with this
AD; any procedures and tests that are not
identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
a serviceable condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the EASA; or Airbus’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2013–0193, dated
August 23, 2013, for related information.
This MCAI may be found in the AD docket
on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA-2014-0189-0002.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A300–28–0091,
dated March 5, 2013.
(ii) Airbus Service Bulletin A300–28–6109,
Revision 01, dated December 20, 2013.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this 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/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
2, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–02676 Filed 2–27–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2015–0264; Airspace
Docket No. 15–ASO–1]
RIN 2120–AA66
Revocation of Restricted Area R–2936,
West Palm Beach, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action removes restricted
area R–2936, West Palm Beach, FL. The
using agency informed the FAA they no
longer have a requirement for this area;
therefore, the airspace is being returned
to the National Airspace System (NAS).
DATES: Effective date: 0901 UTC, April
30, 2015.
FOR FURTHER INFORMATION CONTACT: Paul
Gallant, Airspace Policy and
Regulations Group, Office of Airspace
Services, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:17 Feb 27, 2015
Jkt 235001
Background
Restricted area R–2936, West Palm
Beach, FL, was established to contain
test firings of components for the main
engines of the Space Shuttle (55 FR
5981) May 3, 1990. During test firings,
hydrogen gas was released through an
exhaust stack generating significant
turbulence and high air temperatures
that could be hazardous to aircraft up to
10,000 feet. The restricted area using
agency informed the FAA there are no
plans for further hazardous testing in
the area. Therefore, the FAA is taking
this action to remove restricted area R–
2936.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 73 by
removing restricted area R–2936, West
Palm Beach, FL. The using agency
notified the FAA that they no longer
require the restricted area for hazardous
activities.
Because this action removes restricted
airspace no longer needed, and returns
the airspace to the NAS, I find that
notice and public procedure under 5
U.S.C. 553(b) is unnecessary.
The FAA has determined that this
action only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
it returns restricted airspace that is no
longer needed for its designated purpose
to the NAS in the West Palm Beach, FL
area.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, Environmental Impacts:
Policies and Procedures, paragraph
311c. This action returns restricted
airspace to the National Airspace
System. It is not expected to cause any
potentially significant environmental
impacts, and no extraordinary
circumstances exist that warrant
preparation of an environmental
assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73, as follows:
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 73.29
[Amended]
2. Section 73.29 is amended as
follows:
*
*
*
*
*
■
R–2936 West Palm Beach, FL
[Removed]
Issued in Washington, DC, on February 19,
2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations
Group.
[FR Doc. 2015–04296 Filed 2–27–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2015–0265; Airspace
Docket No. 14–ASW–11]
RIN 2120–AA66
Amendment of Restricted Areas R–
3801A, R–3801B, and R–3801C; Camp
Claiborne, LA
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11101-11106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02676]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0189; Directorate Identifier 2013-NM-181-AD;
Amendment 39-18099; AD 2015-03-03]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A300 series airplanes, Model A300 B4-600, B4-600R, and F4-
600R series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes). This AD was
prompted by a report of chafing found on the overflow sensor harness of
the surge tank, and subsequent contact between the electrical wiring
and fuel tank structure. This AD requires a one-time inspection for
chafing of the overflow sensor harness, and repair if necessary. This
AD also requires modification of the sensor harness. We are issuing
this AD to prevent chafing of the harness and subsequent contact
between the electrical wiring and fuel tank structure, which could
result in electrical arcing and a fuel tank explosion and consequent
loss of the airplane.
DATES: This AD becomes effective April 6, 2015.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 6,
2015.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2014-0189 or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
For service information identified in this AD, contact Airbus,
Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51;
email account.airworth-eas@airbus.com; Internet https://www.airbus.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
[[Page 11102]]
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0189.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-2125; fax:
425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A300
series airplanes, Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). The NPRM published in the
Federal Register on April 8, 2014 (79 FR 19296).
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2013-0193, dated August 23, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model A300
series airplanes, Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). The MCAI states:
During a scheduled maintenance check on an A300 aeroplane,
chafing was found on the surge tank overflow sensor harness. The
harness was found to contact the Magnetic Fuel Level Indicator
(MFLI) canister.
Prompted by these findings, DGAC [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] France issued [(https://ad.easa.europa.eu/blob/easa_ad_1999_404_293.pdf/AD_1999-404-293)] to
require modification of the harness routing in accordance with the
instructions of Airbus SB [service bulletin] A300-28-0058 or SB
A300-28-6020, as applicable to aeroplane model.
Since that [DGAC] AD was issued, maintenance work on modified
A300-600 aeroplanes revealed some chafing of the harness, creating a
potential contact between the electrical wire and fuel tank
structure. Investigations have shown that although measures were
taken to prevent contact of the harness with the MFLI (through
modification 04489), the installation can be subject to human error.
As the MFLI is integral to the access panel in this location, any
potential contact with the harness (as a result of incorrect
installation) is hidden.
This condition, if not detected and corrected, could lead to
electrical arcing, possibly resulting in a fuel tank explosion and
loss of the aeroplane. To address this potential unsafe condition,
Airbus issued SB A300-28-0091 for A300 aeroplanes, SB A300-28-6109
for A300-600 aeroplanes, and A300-28-9022 for A300-600ST aeroplanes.
For the reasons described above, this [EASA] AD requires a one-
time inspection of the harness and, depending on findings,
corrective actions, as well as replacement of angle brackets by
error-proof harness brackets.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2014-0189-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 19296, April 8, 2014) and the FAA's response to each comment.
Request To Remove AD Reference in Repair Approvals
United Parcel Service (UPS) asked that we remove the requirement to
include the AD reference in repair approvals, as specified in paragraph
(g)(1) of the proposed AD (79 FR 19296, April 8, 2014), which states
``For a repair to be approved, the repair must specifically refer to
this AD.'' UPS stated the following: ``The proposed wording, being
specific to repairs, eliminates the interpretation that Airbus messages
are acceptable for approving minor deviations (corrective actions)
needed during accomplishment of a mandated Airbus service bulletin.''
UPS added that this will result in an increase in alternative method of
compliance (AMOC) requests.
We agree with the commenter's request to remove the requirement
that repair approvals specifically refer to this AD, from this AD.
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD. The MCAI or referenced service
information in an FAA AD often directs the owner/operator to contact
the manufacturer for corrective actions, such as a repair. Briefly, the
Airworthy Product paragraph allowed owners/operators to use corrective
actions provided by the manufacturer if those actions were FAA-
approved. In addition, the paragraph stated that any actions approved
by the State of Design Authority (or its delegated agent) are
considered to be FAA-approved.
In the NPRM (79 FR 19296, April 8, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include ``the Design Approval Holder (DAH) with a
State of Design Authority's design organization approval (DOA)'' to
refer to a DAH authorized to approve required repairs for the AD.
As stated previously, UPS commented that: ``The proposed wording,
being specific to repairs, eliminates the interpretation that Airbus
messages are acceptable for approving minor deviations (corrective
actions) needed during accomplishment of an AD mandated Airbus service
bulletin.'' This comment has made the FAA aware that some operators
have misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the actions must be accomplished using a
method approved by the FAA, EASA, or Airbus's EASA DOA.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the
[[Page 11103]]
manufacturer, that do not contain the DOA-authorized signature approval
are not EASA-approved, unless EASA directly approves the manufacturer's
message or other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
AMOC.
Commenters to an NPRM having Directorate Identifier 2012-NM-101-AD
(78 FR 78285, December 26, 2013) pointed out that in many cases the
foreign manufacturer's service bulletin and the foreign authority's
MCAI may have been issued some time before the FAA AD. Therefore, the
DOA may have provided U.S. operators with an approved repair, developed
with full awareness of the unsafe condition, before the FAA AD is
issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
Based on these comments, we removed the requirement from this AD
that the DAH-provided repair specifically refer to this AD. Before
adopting such a requirement in the future, the FAA will coordinate with
affected DAHs and verify they are prepared to implement means to ensure
that their repair approvals consider the unsafe condition addressed in
an AD. Any such requirements will be adopted through the normal AD
rulemaking process, including notice-and-comment procedures, when
appropriate.
We also have decided not to include a generic reference to either
the ``delegated agent'' or the ``DAH with State of Design Authority
design organization approval,'' but instead we have provided the
specific delegation approval granted by the State of Design Authority
for the DAH.
Request To Extend the Compliance Time
UPS asked that we extend the compliance time specified in paragraph
(g) of the proposed AD (79 FR 19296, April 8, 2014) from 30 to 36
months. UPS stated that it expects to accomplish the inspection during
its existing C-check interval, which is 30 months. UPS added that in
order to perform the inspection and repair at its major maintenance
facility during C-checks, it requires an additional 6 months to allow
for planning, preparation, and prototyping of the service information.
UPS noted that this additional time is for the prototyping effort
necessary when a project is initiated; UPS has determined that service
information is often revised during accomplishment of the required
actions, which makes it difficult to maintain regular maintenance
schedules. Therefore, UPS must schedule special visit check lines for
accomplishing the actions.
We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
action, we considered the safety implications, parts availability, and
normal maintenance schedules for the timely accomplishment of the
inspection and subsequent modification. In consideration of these
items, as well as the possibility of chafing of the overflow sensor
harness, we have determined that a 30-month compliance time will ensure
an acceptable level of safety and allow the modification to be done
during scheduled maintenance intervals for most affected operators.
However, under the provisions of paragraph (j)(1) of this AD, we will
consider requests for approval of an extension of the compliance time
if sufficient data are submitted to substantiate that the new
compliance time would provide an acceptable level of safety. We have
not changed this AD in this regard.
Request To Include Another Source of Service Information
FedEx Express asked that we allow the use of UTC Aerospace Systems
Service Bulletin V-1577 for accomplishing the actions in the NPRM (79
FR 19296, April 8, 2014). FedEx Express stated that it operates 71
Airbus Model A300-600 series airplanes, and 65 of those airplanes have
had the in-tank fuel quantity system modified by a certain supplemental
type certificate (STC), which means Airbus Service Bulletin A300-28-
6109, Revision 01, dated December 20, 2013 (referred to as the
appropriate source of service information for accomplishing the
actions), cannot be used to accomplish the proposed actions. However,
FedEx Express noted that six of its airplanes have the production in-
tank fuel quantity system installed, and the referenced service
information can be used for those airplanes. FedEx Express stated that
the UTC Aerospace Systems service bulletin has not been issued yet;
however, after issuance it should be included in the NPRM as a source
of service information for accomplishing the proposed actions in order
to mitigate the unsafe condition.
We partially agree with the commenter. We agree that airplanes that
have had the in-tank fuel quantity system modified by STC ST00092BO
(https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862574900069E004?OpenDocument&Highlight=st00092bo)
cannot accomplish the actions proposed in the NPRM (79 FR 19296, April
8, 2014) by using Airbus Service Bulletin A300-28-6109, Revision 01,
dated December 20, 2013. Since the issuance of the NPRM, UTC Aerospace
Systems has issued service bulletin 300723-28-03 (V-1577), dated
October 10, 2014, to address the unsafe condition for airplanes that
have been modified by supplemental type certificate ST00092BO.
We do not agree to revise this AD to require UTC Aerospace Systems
Service Bulletin 300723-28-03 (V-1577), dated October 10, 2014.
Instead, we are considering separate rulemaking to require the
procedures and compliance time specified in UTC Aerospace Systems
Service Bulletin 300723-28-03 (V-1577), dated October 10, 2014, for
airplanes modified by STC ST00092BO. Therefore, we have revised
paragraph (c) of this AD by removing airplanes modified by STC
ST00092BO from the applicability of this AD.
Request To Include Revised Service Information
FedEx Express asked that Revision 02 of Airbus Service Bulletin
A300-28-6109 be included for accomplishing the actions in the NPRM (79
FR 19296, April 8, 2014) before the final rule is issued. FedEx Express
stated that it reviewed Airbus Service Bulletin A300-28-6109, Revision
01, dated December 20, 2013, and submitted its findings to Airbus for
incorporation into upcoming Revision 02 before issuance. FedEx Express
added that its intent in doing so was to prevent future requests for
AMOCs to the FAA.
We disagree with the commenter's request to include Revision 02 of
Airbus Service Bulletin A300-28-6109. We are aware that Airbus is
considering
[[Page 11104]]
revising Airbus Service Bulletin A300-28-6109, Revision 01, dated
December 20, 2013, to incorporate feedback received from FedEx Express
in the Accomplishment Instructions of the service bulletin. We will
consider approving Revision 02 of Airbus Service Bulletin A300-28-6109
as an AMOC to the actions specified in paragraphs (g) and (h) of this
AD, once this service bulletin is released. However, we find that
delaying this AD action would be inappropriate in light of the urgency
of the identified unsafe condition. Therefore, no change has been made
to this AD in this regard.
Request To Clarify the ``Required for Compliance'' Instructions
FedEx Express asked for clarification as to whether the Required
for Compliance (RC) note identified in the Accomplishment Instructions
of Airbus Service Bulletin A300-28-6109, Revision 01, dated December
20, 2013, is applicable to the actions specified in the NPRM (79 FR
19296, April 8, 2014) and EASA Airworthiness Directive 2013-0193, dated
August 23, 2013.
We acknowledge the commenter's concern and provide the following
clarification:
The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement is a new process for
annotating which steps in the service information are ``required for
compliance'' with an AD. Differentiating these steps from other tasks
in the service information is expected to improve an owner's and
operator's understanding of AD requirements and help provide consistent
judgment in AD compliance. In response to the AD Implementation ARC,
the FAA released AC 20-176, Revision A, dated June 16, 2014, (https://
rgl.avs.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/
0/a78cc91a47b192278625796b0075f419/$FILE/AC%2020-176.pdf); and Order
8110.117 (https://rgl.avs.faa.gov/Regulatory_and_Guidance_Library/
rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/$FILE/
Order%208110.117.pdf), which include the concept of RC. The FAA has
begun implementing this concept in ADs when we receive service
information containing RC steps. Therefore, the RC note does apply to
the actions required by this AD when using Airbus Service Bulletin
A300-28-6109, Revision 01, dated December 20, 2013, to accomplish the
required actions. We do not have information concerning how EASA
implements the RC concept in its ADs.
We split paragraph (j)(1) and redesignated the content as
paragraphs (j)(1) and (j)(1)(i) of this AD, and added paragraph
(j)(1)(ii) to this AD to reflect information concerning the RC concept
and to explain when it is necessary to request approval of an AMOC.
Clarification of Inspection Type
Paragraph (g) of this AD has been revised to clarify the inspection
type as a one-time general visual inspection.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 19296, April 8, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 19296, April 8, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed Airbus Mandatory Service Bulletins A300-28-0091, dated
March 5, 2013; and A300-28-6109, Revision 01, dated December 20, 2013.
This service information describes procedures for a one-time inspection
for chafing of the overflow sensor harness, and contacting the
manufacturer for repair instructions. This service information also
describes modification of the sensor harness. This service information
is reasonably available; see ADDRESSES for ways to access this service
information.
Costs of Compliance
We estimate that this AD affects 123 airplanes of U.S. registry.
We also estimate that it takes about 3 work-hours per product to
comply with the inspection required by this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this inspection on U.S. operators to be $31,365, or $255 per product.
We estimate that it takes about 12 work-hours per product to comply
with the modification requirements of this AD. The average labor rate
is $85 per work-hour. Required parts cost about $500 per product. Based
on these figures, we estimate the cost of this modification on U.S.
operators to be $186,960, or $1,520 per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition repairs specified in 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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov/#!docketDetail;D=FAA-2014-0189; 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
[[Page 11105]]
street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
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 adding the following new airworthiness
directive (AD):
2015-03-03 Airbus: Amendment 39-18099. Docket No. FAA-2014-0189;
Directorate Identifier 2013-NM-181-AD.
(a) Effective Date
This AD becomes effective April 6, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Airbus airplanes specified in paragraphs
(c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD, certificated
in any category, all manufacturer serial numbers; except for
airplanes modified by supplemental type certificate ST00092BO
(https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862574900069E004?OpenDocument&Highlight=st00092bo).
(1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and
B4-203 airplanes.
(2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
(3) Model A300 B4-605R and B4-622R airplanes.
(4) Model A300 F4-605R and F4-622R airplanes.
(5) Model A300 C4-605R Variant F airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by a report of chafing found on the
overflow sensor harness of the surge tank, and subsequent contact
between the electrical wiring and fuel tank structure. We are
issuing this AD to prevent chafing of the harness and subsequent
contact between the electrical wiring and fuel tank structure, which
could result in electrical arcing and a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) One-Time Inspection and Repair
Within 30 months after the effective date of this AD: Perform a
one-time general visual inspection for chafing of the outer tank
sensor harness between ribs 26 and 27, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-28-0091,
dated March 5, 2013 (for Model A300 series airplanes); or Airbus
Service Bulletin A300-28-6109, Revision 01, dated December 20, 2013
(for Model A300-600 series airplanes);
(1) If any previous repairs are identified, or if braid and wire
insulation is found damaged with the conductor exposed during the
inspection required by the introductory text of paragraph (g) of
this AD: Before further flight, repair using a method approved by
the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA); or
Airbus's EASA Design Organization Approval (DOA).
(2) If the braid and wire insulation is found damaged without
the conductor exposed during the inspection required by the
introductory text of paragraph (g) of this AD: Before further
flight, repair, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A300-28-0091, dated March 5, 2013 (for
Model A300 series airplanes); or Airbus Service Bulletin A300-28-
6109, Revision 01, dated December 20, 2013 (for Model A300-600
series airplanes).
(h) Modification
(1) For airplanes on which no damage was found during the
inspection required by the introductory text of paragraph (g) of
this AD: Before further flight, install modified and error-proof
angle brackets to stringer 15 between ribs 26 and 27 of the outer
tank sensor harness, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-28-0091, dated March 5,
2013 (for Model A300 series airplanes); or Airbus Service Bulletin
A300-28-6109, Revision 01, dated December 20, 2013 (for Model A300-
600 series airplanes).
(2) For airplanes on which any damage was found during the
inspection required by the introductory text of paragraph (g) of
this AD, and the applicable repair required by paragraph (g)(1) or
(g)(2) of this AD has been done: Before further flight, install
modified and error-proof angle brackets to stringer 15 between ribs
26 and 27 of the outer tank sensor harness, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-28-0091,
dated March 5, 2013 (for Model A300 series airplanes); or Airbus
Service Bulletin A300-28-6109, Revision 01, dated December 20, 2013
(for Model A300-600 series airplanes).
(i) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Service Bulletin
A300-28-6109, dated March 5, 2013, which is not incorporated by
reference in this AD.
(j) Other FAA AD Provisions
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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-227-2125; fax: 425-227-1149. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
(ii) Except as required by paragraph (g)(1) of this AD: If the
service information contains procedures or tests that are identified
as RC (Required for Compliance), those procedures and tests must be
done to comply with this AD; any procedures and tests that are not
identified as RC are recommended. Those procedures and tests that
are not identified as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the procedures and
tests identified as RC can be done and the airplane can be put back
in a serviceable condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2013-0193, dated August 23,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at https://www.regulations.gov/#!documentDetail;D=FAA-2014-0189-0002.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (l)(4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this
[[Page 11106]]
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A300-28-0091, dated March 5, 2013.
(ii) Airbus Service Bulletin A300-28-6109, Revision 01, dated
December 20, 2013.
(3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com.
(4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(5) You may view this 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on February 2, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-02676 Filed 2-27-15; 8:45 am]
BILLING CODE 4910-13-P
