[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Proposed Rules]
[Page 63503-63506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-18]
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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 63503]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0172; Directorate Identifier 2007-NM-225-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 B4-600, A300 B4-600R,
A300 C4-600R, and A300 F4-600R Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
[T]he FAA has published SFAR 88 (Special Federal Aviation
Regulation 88). * * *
Under this regulation, all holders of type certificates for
passenger transport aircraft * * * are required to conduct a design
review against explosion risks.
The replacement of some types of P-clips and improvement of the
electrical bonding of the equipment in the fuel tanks are rendered
mandatory by this AD.
The unsafe condition is damage to wiring in the wing, center, and
trim fuel tanks, due to failed P-clips used for retaining the wiring
and pipes, which could result in a possible fuel ignition source in the
wing, center, or trim fuel tanks. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.
DATES: We must receive comments on this proposed AD by December 10,
2007.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0172;
Directorate Identifier 2007-NM-225-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0233, dated August 27, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
[T]he FAA has published SFAR 88 (Special Federal Aviation
Regulation 88). In their letters referenced 04/00/02/07/01-L296,
dated March 4th, 2002 and 04/00/02/07/03-L024, dated February 3rd,
2003, the JAA (Joint Aviation Authorities) recommended the
application of a similar regulation to the National Aviation
Authorities (NAA).
Under this regulation, all holders of type certificates for
passenger transport aircraft with either a passenger capacity of 30
or more, or a payload capacity of 7,500 pounds (3402 kg) or more,
which have received their certification since January 1st, 1958, are
required to conduct a design review against explosion risks.
The replacement of some types of P-clips and improvement of the
electrical bonding of the equipment in the fuel tanks are rendered
mandatory by this AD.
Note: Initially, EASA AD 2006-0325, which addresses the same
unsafe condition, also applied to A300-600 aircraft. The approval
holder subsequently introduced additional work at revision 1 of SB
(service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On
September 21, 2007, the FAA issued parallel AD 2007-20-04 for only
Airbus Model A300 Airplanes and Model A310 Airplanes, which was
published in the Federal Register (72 FR 56258, October 3, 2007).]
As a result, AD 2006-0325 has been revised to remove A300-600
aircraft from applicability, and this new AD applicable to A300-600
aircraft is issued.
The unsafe condition is damage to wiring in the wing, center, and
trim fuel tanks, due to failed P-clips used for retaining the wiring
and pipes, which could result in a possible fuel ignition source in the
wing, center, or trim fuel tanks. The corrective action is checking the
electrical bonding points of certain equipment in the center fuel tank
for the presence of a blue coat and doing related investigative and
corrective actions if necessary. The related investigative action is to
measure the electrical resistance between the equipment and structure,
if a blue coat is not present. The corrective action is
[[Page 63504]]
to electrically bond the equipment, if the measured resistance is
greater than 10 milliohms. The corrective action also includes
installing new bonding leads and electrical bonding points on certain
equipment in the left and right wing fuel tanks and center fuel tank.
You may obtain further information by examining the MCAI in the AD
docket.
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: 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 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.
Relevant Service Information
Airbus has issued Service Bulletins A300-28-6064, Revision 01,
dated April 3, 2007; A300-28-6068, dated July 20, 2005; and A300-28-
6077, Revision 01, dated October 26, 2006. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 114 products of U.S. registry. We also estimate that
it would take about 632 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $6,870 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $6,547,020, or $57,430 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities
[[Page 63505]]
under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Airbus: Docket No. FAA-2007-0172; Directorate Identifier 2007-NM-
225-AD.
Comments Due Date
(a) We must receive comments by December 10, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Airbus Model A300 B4-600 series airplanes (without trim
tank), all serial numbers, certificated in any category, except
airplanes on which Airbus Modifications 12226, 12365, 12490, and
12308 have been incorporated in production, or Airbus Service
Bulletin A300-28-6064, Revision 01, dated April 3, 2007; and A300-
28-6068, dated July 20, 2005; have been performed in service.
(2) Airbus Model A300 B4-600R, A300 C4-600R, and A300 F4-600R
series airplanes (fitted with a trim tank), all serial numbers,
certificated in any category, except airplanes on which Airbus
Modifications 12226, 12365, 12490, 12308, 12294, and 12476 have been
incorporated in production, or on which the service bulletins listed
in paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this AD have
been performed in service.
(i) Airbus Service Bulletin A300-28-6064, Revision 01, dated
April 3, 2007.
(ii) Airbus Service Bulletin A300-28-6068, dated July 20, 2005.
(iii) Airbus Service Bulletin A300-28-6077, dated July 25, 2005;
or A300-28-6077, Revision 01, dated October 26, 2006.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
[T]he FAA has published SFAR 88 (Special Federal Aviation
Regulation 88). In their letters referenced 04/00/02/07/01-L296,
dated March 4th, 2002 and 04/00/02/07/03-L024, dated February 3rd,
2003, the JAA (Joint Aviation Authorities) recommended the
application of a similar regulation to the National Aviation
Authorities (NAA).
Under this regulation, all holders of type certificates for
passenger transport aircraft with either a passenger capacity of 30
or more, or a payload capacity of 7,500 pounds (3402 kg) or more,
which have received their certification since January 1st, 1958, are
required to conduct a design review against explosion risks.
The replacement of some types of P-clips and improvement of the
electrical bonding of the equipment in the fuel tanks are rendered
mandatory by this AD.
Note: Initially, EASA AD 2006-0325, which addresses the same
unsafe condition, also applied to A300-600 aircraft. The approval
holder subsequently introduced additional work at revision 1 of SB
(service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On
September 21, 2007, the FAA issued parallel AD 2007-20-04 for only
Airbus Model A300 Airplanes and Model A310 Airplanes, which was
published in the Federal Register (72 FR 56258, October 3, 2007).]
As a result, AD 2006-0325 has been revised to remove A300-600
aircraft from applicability, and this new AD applicable to A300-600
aircraft is issued.
The unsafe condition is damage to wiring in the wing, center,
and trim fuel tanks, due to failed P-clips used for retaining the
wiring and pipes, which could result in a possible fuel ignition
source in the wing, center, or trim fuel tanks. The corrective
action is checking the electrical bonding points of certain
equipment in the center fuel tank for the presence of a blue coat
and doing related investigative and corrective actions if necessary.
The related investigative action is to measure the electrical
resistance between the equipment and structure, if a blue coat is
not present. The corrective action is to electrically bond the
equipment, if the measured resistance is greater than 10 milliohms.
The corrective action also includes installing new bonding leads and
electrical bonding points on certain equipment in the left and right
wing fuel tanks and center fuel tank.
Actions and Compliance
(f) Within 40 months after the effective date of this AD, unless
already done, do the following actions.
(1) Remove NSA5516-XXND or NSA5516-XXNJ type P-clips, used in
the wing and center fuel tanks to retain wiring and pipes, and
replace them by NSA5516-XXNF type P-clips in accordance with the
instructions of Airbus Service Bulletin A300-28-6068, dated July 20,
2005.
(2) Check the electrical bonding points in the center tank and
do all applicable related investigative and corrective actions, and
install additional bonding leads and electrical bonding points in
the wing and center fuel tanks in accordance with the instructions
of Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3,
2007. Do all applicable related investigative and corrective actions
before further flight.
(3) For airplanes fitted with a trim tank, in addition to the
actions defined in paragraphs (f)(1) and (f)(2) of this AD, install
bonding leads and electrical bonding points in the trim tanks, in
accordance with the instructions of Airbus Service Bulletin A300-28-
6077, Revision 01, dated October 26, 2006.
(4) Actions done before the effective date of this AD in
accordance with Airbus Service Bulletin A300-28-6064, dated July 28,
2005, for aircraft under configuration 05, as defined in the service
bulletin, are considered acceptable for compliance with the
requirements of paragraph (f)(2) of this AD.
(5) Actions done before the effective date of this AD in
accordance with Airbus Service Bulletin A300-28-6077, dated July 25,
2005, for aircraft under configuration 05, as defined in the service
bulletin, are considered acceptable for compliance with the
requirements of paragraph (f)(3) of this AD.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The applicability of the MCAI does not address Airbus
Modification 12490. We have added this Modification number to the
applicability of this AD, as requested by Airbus and coordinated
with the European Aviation Safety Agency (EASA).
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; Telephone (425) 227-1622; Fax (425) 227-1149.
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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
[[Page 63506]]
Related Information
(h) Refer to MCAI EASA Airworthiness Directive 2007-0233, dated
August 27, 2007, and the service information listed in Table 1 of
this AD, for related information.
Table 1.--Service Information
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Airbus Service Bulletin Revision level Date
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A300-28-6064........................... 01............................. April 3, 2007.
A300-28-6068........................... Original....................... July 20, 2005.
A300-28-6077........................... 01............................. October 26, 2006.
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Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-21997 Filed 11-8-07; 8:45 am]
BILLING CODE 4910-13-P