[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Proposed Rules]
[Page 75145-75147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de06-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 75145]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26120; Directorate Identifier 2006-NM-184-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and
F4-600R Series Airplanes and Model C4-605R Variant F Airplanes
(Collectively Called A300-600 Series Airplanes)
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Model A300-600 series airplanes. This proposed AD would
require revising the Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to incorporate new limitations
for fuel tank systems. This proposed AD results from fuel system
reviews conducted by the manufacturer. We are proposing this AD to
prevent the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors caused by latent failures,
alterations, repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by January 16,
2007.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
26120; Directorate Identifier 2006-NM-184-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation:
[[Page 75146]]
single failures, single failures in combination with a latent
condition(s), and in-service failure experience. For all four criteria,
the evaluations included consideration of previous actions taken that
may mitigate the need for further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
The European Aviation Safety Agency (EASA), which is the
airworthiness authority for the European Union, notified us that an
unsafe condition may exist on all Airbus Model A300 B4-600, B4-600R,
and F4-600R series airplanes and Model C4-605R Variant F airplanes
(collectively called A300-600 series airplanes). The EASA advises that
Airbus has issued new fuel airworthiness limitations (FALs) to address
failure conditions for which an unacceptable probability of ignition
risk could exist if specific tasks or practices or both are not
performed in accordance with the manufacturer's requirements. The new
FALs are intended to satisfy the JAA's Interim Policy of Fuel Tank
Safety and SFAR 88 requirements.
Relevant Service Information
Airbus has issued A300-600 ALS--Airworthiness Limitations Section,
dated May 31, 2006, which is a repository for stand-alone documents
that are approved independently from each other. The Airbus A300-600
ALS comprises the following documents:
ALS Part 1--Safe Life Airworthiness Limitation Items
ALS Part 2--Damage-Tolerant Airworthiness Limitation Items
ALS Part 3--Certification Maintenance Requirements
ALS Part 4--Aging Systems Maintenance
ALS Part 5--Fuel Airworthiness Limitations
ALS Part 5--Fuel Airworthiness Limitations, dated May 31, 2006,
refers to Airbus A300-600 Fuel Airworthiness Limitations, Document
95A.1929/05, Issue 1, dated December 19, 2005 (approved by the EASA on
March 13, 2006). Section 1, ``Maintenance/Inspection Tasks,'' of
Document 95A.1929/05 describes certain FAL inspections, which are
periodic inspections of certain features for latent failures that could
contribute to an ignition source. Section 2, ``Critical Design
Configuration Control Limitations,'' of Document 95A.1929/05 identifies
critical design configuration control limitations (CDCCLs). A CDCCL is
a limitation requirement 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.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued airworthiness directive 2006-0201,
dated July 11, 2006, to ensure the continued airworthiness of these
airplanes in the European Union.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. As described in FAA
Order 8100.14A, ``Interim Procedures for Working with the European
Community on Airworthiness Certification and Continued Airworthiness,''
dated August 12, 2005, the EASA has kept the FAA informed of the
situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require revising
the Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
Costs of Compliance
This proposed AD would affect about 138 airplanes of U.S. registry.
The proposed actions would take about 2 work hours per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $22,080, or
$160 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator,
[[Page 75147]]
the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Airbus: Docket No. FAA-2006-26120; Directorate Identifier 2006-NM-
184-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by January
16, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A300 B4-601, B4-603, B4-
620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes;
Model A300 F4-605R and F4-622R airplanes; and Model A300 C4-605R
Variant F 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 the inspections and CDCCLs described
in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j) of this AD. The
request should include a description of changes to the required
inspections and CDCCLs that will preserve the critical ignition
source prevention feature of the affected fuel system.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors caused by latent failures, alterations,
repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel
Maintenance and Inspection Tasks
(f) Within 3 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300-600 ALS Part 5--Fuel Airworthiness
Limitations, dated May 31, 2006, as defined in Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005 (approved by the European Aviation Safety Agency
(EASA) on March 13, 2006), Section 1, ``Maintenance/Inspection
Tasks.'' For all tasks identified in Section 1 of Document 95A.1929/
05, the initial compliance times start from the effective date of
this AD and must be accomplished within the repetitive interval
specified in Section 1 of Document 95A.1929/05, except as provided
by paragraph (g) of this AD.
Initial Compliance Time for Task 28-18-00-03-1
(g) For Task 28-18-00-03-1, ``Operational check of lo-level/
underfull/calibration sensors,'' identified in Section 1,
``Maintenance/Inspection Tasks,'' of Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005: The initial compliance time is the later of the
times specified in paragraphs (g)(1) and (g)(2) of this AD.
Thereafter, Task 28-18-00-03-1 must be accomplished within the
repetitive interval specified in Section 1 of Document 95A.1929/05.
(1) Prior to the accumulation of 34,000 total flight hours.
(2) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300-600 ALS Part 5--Fuel Airworthiness
Limitations, dated May 31, 2006, as defined in Airbus A300-600 Fuel
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated
December 19, 2005 (approved by the EASA on March 13, 2006), Section
2, ``Critical Design Configuration Control Limitations.''
No Alternative Inspections, Inspection Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of this AD: After
accomplishing the actions specified in paragraphs (f) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(k) EASA airworthiness directive 2006-0201, dated July 11, 2006,
also addresses the subject of this AD.
Issued in Renton, Washington, on October 17, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-21262 Filed 12-13-06; 8:45 am]
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