[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58499-58502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27925; Directorate Identifier 2006-NM-183-AD;
Amendment 39-15232; AD 2007-21-14]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A310 series airplanes. This AD requires revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
This AD results from fuel system reviews conducted by the manufacturer.
We are issuing this AD to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors
caused by latent failures, alterations, repairs, or maintenance
actions, could result in fuel tank explosions and consequent loss of
the airplane.
DATES: This AD becomes effective November 20, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 20,
2007.
ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the
[[Page 58500]]
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (telephone 800-647-5527) is the
Document Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Airbus Model A310
series airplanes. That NPRM was published in the Federal Register on
April 20, 2007 (72 FR 19826). That NPRM proposed to require revising
the Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
Actions since NPRM Was Issued
After we issued the NPRM, Airbus published the A310 Fuel
Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11,
2007 (approved by the European Aviation Safety Agency (EASA) on July 6,
2007) (hereafter referred to as ``Document 95A.1930/05''). In the NPRM,
we referred to Issue 1 of Document 95A.1930/05, dated December 19,
2005, as the appropriate source of service information for
accomplishing the actions proposed in the NPRM. The fuel airworthiness
limitations specified in Issue 2 of Document 95A.1930/05 are the same
as those in Issue 1 of Document 95A.1930/05. Airbus has revised certain
task titles in Section 1 of Issue 2 of Document 95A.1930/05 and has
clarified the applicability and corrected certain airplane maintenance
manual (AMM) references in Section 2 of the document. Therefore, we
have revised this AD by referring to Issue 2 of Document 95A.1930/05 as
the appropriate source of service information.
After we issued the NPRM, EASA issued airworthiness directive 2007-
0096 R1, dated May 2, 2007, to correct certain compliance times; our
NPRM included the correct compliance times, which we explained as
differences between the NPRM and EASA airworthiness directive 2006-
0202, dated July 11, 2006. The compliance times in this AD already
correspond with the compliance times of EASA airworthiness directive
2007-0096 R1. Therefore, we have revised paragraph (k) of this AD to
refer to EASA airworthiness directive 2007-0096 R1.
After we issued the NPRM, Airbus published Operator Information
Telex (OIT) SE 999.0079/07, Revision 01, dated August 14, 2007, to
identify the applicable sections of the Airbus A310 AMM necessary for
accomplishing the tasks specified in Section 1 of Document 95A.1930/05.
We have added a note to paragraph (f) of this AD to refer to that OIT.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request To Revise ``Relevant Service Information'' Section
Airbus requests that we revise the ``Relevant Service Information''
section to state that ``Section 1, `Maintenance/Inspection Tasks,' of
Document 95A.1930/05 describes certain FAL inspections, which are
periodic inspections of certain features for latent failures that could
contribute to a fire.'' In the NPRM, we specified that the latent
failures could contribute to an ignition source. As justification,
Airbus states that not all three tasks identified in Section 1 of
Document 95A.1930/05 contribute to minimizing the risk of an ignition
source: Only Task 3 minimizes the risk of an ignition source, while
Tasks 1 and 2 minimize the occurrence of a combustible environment. We
agree with Airbus's statements. However, we have not revised this AD in
this regard since the ``Relevant Service Information'' section is not
retained in a final rule.
Request To Revise the Unsafe Condition
Airbus states that it does not agree that there is an unsafe
condition on Model A310 series airplanes, prior to accomplishing the
maintenance/inspection tasks in Section 1 of Document 95A.1930/05.
Airbus agrees that performing these tasks contributes to minimizing the
risk of either an ignition source (Task 3) or the occurrence of a
combustible environment (Tasks 1 and 2). In regard to the critical
design configuration control limitations (CDCCLs), Airbus states that
no unsafe condition exists at delivery, and that no unsafe condition
will develop provided that operators observe the CDCCLs after delivery.
Airbus further states that the CDCCLs are introduced to reduce the risk
that an operator may inadvertently alter the design or installation,
thus introducing a less safe configuration.
We infer Airbus would like us to revise the unsafe condition in
this AD to incorporate its comments. We do not agree to revise the
unsafe condition of this AD. Fuel airworthiness limitations (FALs) are
items arising from a systems safety analysis that have been shown to
have failure modes associated with an unsafe condition, as defined in
FAA Memorandum 2003-112-15, ``SFAR 88--Mandatory Action Decision
Criteria,'' dated February 25, 2003. These FALs are identified in
failure conditions for which an unacceptable probability of ignition
risk could exist if specific tasks or practices or both are not
performed in accordance with a manufacturer's requirements. As Airbus
notes, if an operator does not observe the CDCCLs after delivery, then
an unsafe condition could occur. For this reason we must mandate
Document 95A.1930/05 to ensure the CDCCLs are observed. We have not
changed this AD in this regard.
Request To Clarify the Requirements of Paragraph (h)
Airbus requests that we revise paragraph (h) of the NPRM to state
that operators are required to update their internal procedures and
documentation to ensure appropriate management and control of the
CDCCLs specified in Section 2 of Document 95A.1930/05. Airbus states
that paragraph (h) of the NPRM is unclear about what an operator is
expected to do with the CDCCLs. Airbus further states that paragraph
(h) of the NPRM tells operators to add the CDCCLs to the ALS, but
Airbus states that it has already done so. Airbus also states that the
ALS is part of the type certification (TC) documentation and is not
changed by operators.
Although we understand Airbus' concern and welcome any feedback
that would improve the readability or usability of an AD, the suggested
language is too vague to be legally enforceable, so we cannot use it in
this AD. We understand that Airbus has revised its airworthiness
limitations document. However, according to 14 CFR 39.7, no person may
operate a product unless the requirements of an applicable AD have been
met. The burden is placed on the operator, not on the manufacturer, to
ensure that the requirements of an AD are met. The requirement, as
stated in the NPRM, is for the operator to revise its copy of the
[[Page 58501]]
airworthiness limitations document. This ensures that each affected
operator maintains a current copy of the required airworthiness
limitations.
Concerning Airbus' statement that paragraph (h) of the NPRM does
not clearly specify what an operator is expected to with the CDCCLs, we
would like to clarify that paragraph (h) requires that affected
operators revise their copies of the airworthiness limitations document
to include the CDCCL requirements. This is the only requirement imposed
under this AD for CDCCLs; once this revision has been accomplished,
compliance with paragraph (h) of this AD has been completed.
Subsequently, 14 CFR 91.403(c) requires an affected operator to comply
with the revised Airworthiness Limitations document. Ensuring that
one's maintenance program and the actions of its maintenance personnel
are in accordance with the Airworthiness Limitations is required, but
not by the AD. According to 14 CFR 91.403(c), no person may operate an
aircraft for which airworthiness limitations have been issued unless
those limitations have been complied with. Therefore, there is no need
to further expand the requirements of the AD beyond that which was
proposed because section 91.403(c) already imposes the appropriate
required action after the airworthiness limitations are revised. We
have not changed this AD in this regard.
Change to Paragraph (f)
We have also clarified the compliance time in paragraph (f) of this
AD by adding the word ``thereafter'' to more clearly state that * * *
the repetitive inspections must be accomplished thereafter * * *''
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD affects about 69 airplanes of U.S. registry. The required
actions take about 2 work hours per airplane, at an average labor rate
of $80 per work hour. Based on these figures, the estimated cost of the
AD for U.S. operators is $11,040, or $160 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-21-14 Airbus: Amendment 39-15232. Docket No. FAA-2007-27925;
Directorate Identifier 2006-NM-183-AD.
Effective Date
(a) This AD becomes effective November 20, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A310 series 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 A310 ALS Part 5--Fuel Airworthiness Limitations,
dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007
(approved by the European Aviation Safety Agency (EASA) on July 6,
2007), Section 1, ``Maintenance/Inspection Tasks.'' For all tasks
identified in Section 1 of Document 95A.1930/05, the initial
compliance times start from the later
[[Page 58502]]
of the times specified in paragraphs (f)(1) and (f)(2) of this AD,
and the repetitive inspections must be accomplished thereafter at
the intervals specified in Section 1 of Document 95A.1930/05, except
as provided by paragraph (g) of this AD.
(1) The effective date of this AD.
(2) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.
Note 2: Airbus Operator Information Telex SE 999.0079/07,
Revision 01, dated August 14, 2007, identifies the applicable
sections of the Airbus A310 airplane maintenance manual necessary
for accomplishing the tasks specified in Section 1 of Document
95A.1930/05.
Initial Compliance Time for Task 28-18-00-03-1
(g) For Task 28-18-00-03-1 identified in Section 1 of Document
95A.1930/05, ``Maintenance/Inspection Tasks,'' of Airbus A310 Fuel
Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May
11, 2007 (approved by the EASA on July 6, 2007): The initial
compliance time is the later of the times specified in paragraphs
(g)(1) and (g)(2) of this AD. Thereafter, Task 28-18-00-03-1 must be
accomplished at the repetitive interval specified in Section 1 of
Document 95A.1930/05.
(1) Prior to the accumulation of 40,000 total flight hours.
(2) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
Revise ALS To Incorporate CDCCLs
(h) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A310 ALS Part 5--Fuel Airworthiness Limitations,
dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007
(approved by the EASA on July 6, 2007), Section 2, ``Critical Design
Configuration Control Limitations.''
No Alternative Inspections, Inspection Intervals, or CDCCLs
(i) Except as provided by paragraph (j) of this AD: After
accomplishing the actions specified in paragraphs (f) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(k) EASA airworthiness directive 2007-0096 R1, dated May 2,
2007, also addresses the subject of this AD.
Material Incorporated by Reference
(l) You must use Airbus A310 ALS Part 5--Fuel Airworthiness
Limitations, dated May 31, 2006; and Airbus A310 Fuel Airworthiness
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007; to
perform the actions that are required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference of these documents in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this
service information. You may review copies at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on October 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-20221 Filed 10-15-07; 8:45 am]
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