This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

64781 

Vol. 76, No. 202 

Wednesday, October 19, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0264; Directorate 

Identifier 2009–NM–244–AD; Amendment 

39–16837; AD 2011–21–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to certain Model A300 B4– 

600, B4–600R, and F4–600R series 

airplanes, and Model C4–605R Variant F 

airplanes (collectively called A300–600 

series airplanes). This 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 aeroplanes 

* * * 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 [were] are 

rendered mandatory. * * * 

* * * * * 

Subsequently, an internal review * * * led 

* * * to * * * an additional check [for blue 

coat] of the bonding points in the centre tank. 

* * * 

More recently, another internal review 

[introduced] additional work [installing 

bonding points] for aeroplanes under 

Configuration 03 * * * and additional work 

[bonding the fuel jettison system—blanking 

plates] on the wing tanks for aeroplanes 

under Configuration 07. * * * 

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. We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 23, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 23, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications as of March 

6, 2008 (73 FR 5731, January 31, 2008). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 6, 2011 (76 FR 18960), 

and proposed to supersede AD 2008– 

03–04, Amendment 39–15353 (73 FR 

5731, January 31, 2008). That NPRM (76 

FR 18960, April 6, 2011) proposed 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 04 March 2002, and 04/00/02/07/03– 

L024, dated 03 February 2003, the JAA 

recommended the application of a similar 

regulation to the National Aviation 

Authorities (NAA). 

Under this regulation, all holders of type 

certificates for passenger transport aeroplanes 

with either a passenger capacity of 30 or 

more, or a payload capacity of 3,402 kg 

(7,500 lbs) or more which have received their 

certification since 01 January 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 tasks are rendered mandatory by this 

AD. 

Initially, EASA AD 2006–0325, which 

addressed the same unsafe condition, also 

applied to A300–600 aeroplanes. Airbus 

subsequently introduced additional work at 

Revision 1 of SB A300–28–6064 [dated April 

3, 2007] applicable to A300–600 aeroplanes. 

As a result, EASA AD 2006–0325 was revised 

to remove A300–600 aeroplanes from the 

applicability, and concurrently EASA AD 

2007–0233 was issued, applicable to A300– 

600 aeroplanes. Unfortunately, the 

‘Applicability’ section of EASA AD 2007– 

0233 was not correctly defined, erroneously 

deleting one modification in the combination 

that would exclude aeroplanes from having 

to comply. Consequently, the AD 2007–0283 

was issued, requiring the same actions as AD 

2007–0233, which was superseded, but 

expanded the group of aeroplanes to which 

AD 2007–0283 applied [FAA AD 2008–03–04 

(73 FR 5731, January 31, 2008) corresponds 

with EASA AD 2007–0283]. 

Subsequently, an internal review of Airbus 

SB A300–28–6064 led the manufacturer to 

correct the figures of the SB. In particular, an 

additional check [for blue coat] of the 

bonding points in the centre tank was 

introduced in Revision 03 of Airbus SB 

A300–28–6064 [dated December 15, 2008], 

prompting EASA to issue AD 2009–0143. 

More recently, another internal review of 

Airbus SB A300–28–6064 again resulted in 

corrected figures in the SB. Additional work 

on the center tank [installing bonding points] 

for aeroplanes under Configuration 03 (as 

defined in the SB [Service Bulletin A300–28– 

6064, Revision 04, dated August 24, 2009]) 

and additional work [bonding the fuel 

jettison system—blanking plates] on the wing 

tanks for aeroplanes under Configuration 07 

have been introduced in Revision 04 of 

Airbus SB A300–28–6064 [dated August 24, 

2009]. 

For the reason described above, this new 

AD retains the requirements of EASA AD 

2009–0143, which is superseded, and 

requires the additional work introduced in 

Revision 04 of Airbus SB A300–28–6064 

[dated August 24, 2009]. 

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 required actions also include 

checking the electrical bonding points 

of certain equipment in the center fuel 

tank for the presence of a blue coat and 


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64782 Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 

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. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request for Extension of Compliance 

Time 

UPS and FedEx requested an 

extension to the 8-month compliance 

time specified in the NPRM (76 FR 

18960, dated April 6, 2011) in order to 

accomplish the additional actions. 

FedEx requested that the compliance 

time for the additional actions be at the 

latest of the 40-month compliance time 

specified in AD 2008–03–04, 

Amendment 39–15353 (73 FR 5731, 

January 31, 2008), any alternative 

methods of compliance that extend that 

compliance time or within 12 months 

after the effective date of the new AD. 

UPS requested that the compliance time 

be extended to 60 months. UPS stated 

that the two additional bonding points 

specified in the NPRM are no more 

unsafe than the original 264 bonding 

points required in AD 2008–03–04. UPS 

noted that it schedules tank entry 

checks at 60 months and that the 

original issue of the service information 

allowed for a 60-month compliance 

time. 

We agree with extending the 

compliance time and have determined 

that extending the compliance time to 

30 months is appropriate. 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 

modification. In consideration of these 

items, we have determined that a 30- 

month compliance time will ensure an 

acceptable level of safety and allow the 

modifications to be done during 

scheduled maintenance intervals for 

most affected operators. We have also 

coordinated with European Aviation 

Safety Agency (EASA) on this issue. We 

have changed the compliance time in 

paragraph (h) of this AD to ‘‘within 30 

months after the effective date of this 

AD.’’ 

Request for Change to Cost of 

Compliance Work-Hours 

FedEx stated that they averaged 800 

work-hours versus the 632 work-hours 

listed in the NPRM (76 FR 18960, dated 

April 6, 2011) to accomplish the 

existing modifications. FedEx also 

stated that 9 work-hours, as specified for 

the additional actions, may be adequate 

if done in conjunction with the other 

modifications; however, additional 

work-hours will be required for 

airplanes that have been previously 

been modified. 

We infer that FedEx is requesting that 

we increase the work-hours estimate to 

accomplish the existing and new 

modifications. We do not agree to revise 

the work-hours. Work-hours may vary 

among operators. Our estimate is based 

on the information provided in the 

relevant service information. We have 

not changed this AD in this regard. 

Request for Material Substitutions 

FedEx requested that we add wording 

to the NPRM (76 FR 18960, dated April 

6, 2011) that material substitutions 

supplied by Airbus are approved for use 

and do not require an alternative 

method of compliance (AMOC). FedEx 

stated that the kits specified in Airbus 

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; might contain parts 

that are not listed in the kit description 

specified in the service information. 

We do not agree with the request to 

revise the AD to include wording that 

material substitutions are approved for 

use. Airbus 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; contain language in 

the ‘‘Standard Practices’’ section of 

paragraph 3.A. ‘‘General’’ of the 

Accomplishment Instructions that 

specifies which alternative materials are 

allowed. We have not changed this AD 

in this regard. 

Request To Update Service Information 

to Latest Revision 

FedEx stated that Airbus has issued 

Mandatory Service Bulletin A300–28– 

6064, Revision 05, dated September 27, 

2010, and requested that we update our 

references in the NPRM (76 FR 18960, 

dated April 6, 2011). 

We agree with the request and have 

updated the references in paragraphs 

(c)(1), (g)(4), and (h) of this AD to 

include Airbus Mandatory Service 

Bulletin A300–28–6064, Revision 05, 

dated September 27, 2010. Airbus 

Mandatory Service Bulletin A300–28– 

6064, Revision 05, dated September 27, 

2010, provides clarifications of the 

actions and materials but contains no 

substantive changes. 

Conclusion 

We 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 determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 125 products of U.S. registry. 

The actions that are required by AD 

2008–03–04 Amendment 39–15353 (73 

FR 5731, January 31, 2008) and retained 

in this AD take about 632 work-hours 

per product, at an average labor rate of 

$85 per work-hour. Required parts cost 

about $6,870 per product. Based on 

these figures, the estimated cost of the 

currently required actions is $60,590 per 

product. 

We estimate that it will take about 9 

work-hours per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Required parts will cost about 

$100 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 parts. 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 

this AD to the U.S. operators to be 

$108,125, or $865 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 


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Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 64783 

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 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); 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. 

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 the NPRM (76 FR 18960, dated 

April 6, 2011), 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. 

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 

removing Amendment 39–15353 (73 FR 

5731, January 31, 2008) and adding the 

following new AD: 

2011–21–14 Airbus: Amendment 39–16837. 

Docket No. FAA–2011–0264; Directorate 

Identifier 2009–NM–244–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 23, 2011. 

Affected ADs 

(b) This AD supersedes AD 2008–03–04, 

Amendment 39–15353 (73 FR 5731, January 

31, 2008). 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Airbus Model A300 B4–601, B4–603, 

B4–620, and B4–622 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 on which the service bulletins listed in 

paragraphs (c)(1)(i) and (c)(1)(ii) of this AD 

have been performed in service. 

(i) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 04, dated August 

24, 2009; or Revision 05, dated September 27, 

2010. 

(ii) Airbus Service Bulletin A300–28–6068, 

dated July 20, 2005. 

(2) Airbus Model A300 B4–605R, B4–622R, 

F4–605R, and F4–622R airplanes and A300 

C4–605R Variant F 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 Mandatory Service Bulletin 

A300–28–6064, Revision 03, dated December 

15, 2008. 

(ii) Airbus Service Bulletin A300–28–6068, 

dated July 20, 2005. 

(iii) Airbus Service Bulletin A300–28– 

6077, dated July 25, 2005; or 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). * * * 

Under this regulation, all holders of type 

certificates for passenger transport aeroplanes 

* * * 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 [were] are 

rendered mandatory * * *. 

* * * * * 

Subsequently, an internal review * * * led 

* * * to * * * an additional check [for blue 

coat] of the bonding points in the centre tank. 

* * * 

More recently, another internal review 

[introduced] additional work [installing 

bonding points] for aeroplanes under 

Configuration 03 * * * and additional work 

[bonding the fuel jettison system—blanking 

plates] on the wing tanks for aeroplanes 

under Configuration 07 * * *. 

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. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2008– 

03–04, Amendment 39–15353 (73 FR 5731, 

January 31, 2008) With Revised Service 

Information 

Actions and Compliance 

(g) For airplanes identified in paragraphs 

(g)(1) and (g)(2) of this AD: Within 40 months 

after March 6, 2008 (the effective date of AD 

2008–03–04, Amendment 39–15353 (73 FR 

5731, January 31, 2008)), unless already 

done, do the applicable actions required by 

paragraphs (g)(3), (g)(4), and (g)(5) of this AD. 

(1) Airbus Model A300 B4–600 series 

airplanes (without trim tank), all serial 

numbers, except airplanes on which Airbus 

Modifications 12226, 12365, 12490, and 

12308 have been incorporated in production, 

or Airbus Service Bulletins 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, 

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 (g)(2)(i), (g)(2)(ii), and 

(g)(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. 


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(iii) Airbus Service Bulletin A300–28– 

6077, dated July 25, 2005; or A300–28–6077, 

Revision 01, dated October 26, 2006. 

(3) 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 Pclips in accordance with the instructions of 

Airbus Service Bulletin A300–28–6068, 

dated July 20, 2005. 

(4) 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; 

Airbus Mandatory Service Bulletin A300–28– 

6064, Revision 02, dated March 10, 2008; 

Airbus Mandatory Service Bulletin A300–28– 

6064, Revision 03, dated December 15, 2008; 

Airbus Mandatory Service Bulletin A300–28– 

6064, Revision 04, dated August 24, 2009; or 

Airbus Mandatory Service Bulletin A300–28– 

6064, Revision 05, dated September 27, 2010. 

Do all applicable related investigative and 

corrective actions before further flight. As of 

the effective date of this AD, only use Airbus 

Mandatory Service Bulletin A300–28–6064, 

Revision 05, dated September 27, 2010. 

(5) For airplanes fitted with a trim tank, in 

addition to the actions defined in paragraphs 

(g)(3) and (g)(4) 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. 

(6) Actions done before March 6, 2008, in 

accordance with Airbus Service Bulletin 

A300–28–6064, dated July 28, 2005, for 

aircraft under configuration 05, as defined in 

Airbus Service Bulletin A300–28–6064, 

dated July 28, 2005, are considered 

acceptable for compliance with the 

requirements of paragraph (g)(4) of this AD. 

(7) Actions done before March 6, 2008, in 

accordance with Airbus Service Bulletin 

A300–28–6077, dated July 25, 2005, for 

aircraft under configuration 05, as defined in 

Airbus Service Bulletin A300–28–6077, 

dated July 25, 2005, are considered 

acceptable for compliance with the 

requirements of paragraph (g)(5) of this AD. 

New Requirments of This AD 

Additional Actions 

(h) Within 30 months after the effective 

date of this AD, do the applicable actions 

required by paragraphs (h)(1), (h)(2), and 

(h)(3) of this AD. 

(1) For airplanes that have been modified 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A300– 

28–6064, dated July 28, 2005, or Revision 01, 

dated April 3, 2007; or Airbus Mandatory 

Service Bulletin A300–28–6064, Revision 02, 

dated March 10, 2008: Do the additional 

work on the center tank specified in Airbus 

Mandatory Service Bulletin A300–28–6064, 

Revision 03, dated December 15, 2008 (i.e., 

a check for blue coat at additional bonding 

points and all applicable related investigative 

and corrective actions), in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–28–6064, 

Revision 03, dated December 15, 2008; 

Revision 04, dated August 24, 2009; or 

Revision 05, dated September 27, 2010. Do 

all applicable related investigative and 

corrective actions before further flight. 

(2) For configuration 03 airplanes, as 

defined in Airbus Mandatory Service 

Bulletin A300–28–6064, Revision 04, dated 

August 24, 2009; or Revision 05, dated 

September 27, 2010; that have been modified 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A300– 

28–6064, Revision 01, dated April 3, 2007; or 

Airbus Mandatory Service Bulletin A300–28– 

6064, Revision 02, dated March 10, 2008, or 

Revision 03, dated December 15, 2008: Do 

the additional work on the center tank (i.e., 

install bonding points), in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–28–6064, 

Revision 04, dated August 24, 2009; or 

Revision 05, dated September 27, 2010. 

(3) For configuration 07 airplanes, as 

defined in Airbus Mandatory Service 

Bulletin A300–28–6064, Revision 04, dated 

August 24, 2009; or Revision 05, dated 

September 27, 2010; that have been modified 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A300– 

28–6064, dated July 28, 2005; or Revision 01, 

dated April 3, 2007; or Airbus Mandatory 

Service Bulletin A300–28–6064, Revision 02, 

dated March 10, 2008, or Revision 03, dated 

December 15, 2008: Do the additional work 

on the wing tanks (i.e., bond the fuel jettison 

system—blanking plates), in accordance with 

the Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A300–28–6064, 

Revision 04, dated August 24, 2009; or 

Revision 05, dated September 27, 2010. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI provides a compliance time of 8 

months to do the actions specified in 

paragraph (h) of this AD. This AD requires 

that the actions specified in paragraph (h) of 

this AD be done within 30 months. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; fax (425) 227–1149. 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. AMOCs 

approved previously in accordance with AD 

2008–03–04, Amendment 39–15353 (73 FR 

5731, January 31, 2008), are approved as 

AMOCs for the corresponding provisions of 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

Related Information 

(j) Refer to MCAI EASA Airworthiness 

Directive 2010–0074, dated April 16, 2010, 

and the following service information, for 

related information. 

(1) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 03, dated December 

15, 2008. 

(2) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 04, dated August 

24, 2009. 

(3) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 05, dated 

September 27, 2010. 

(4) Airbus Service Bulletin A300–28–6068, 

dated July 20, 2005. 

(5) Airbus Service Bulletin A300–28–6077, 

Revision 01, dated October 26, 2006. 

Material Incorporated by Reference 

(k) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR Part 51 of the 

following service information on the date 

specified. 

(1) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 03, dated December 

15, 2008, approved for IBR November 23, 

2011. 

(2) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 04, dated August 

24, 2009, approved for IBR November 23, 

2011. 

(3) Airbus Mandatory Service Bulletin 

A300–28–6064, Revision 05, dated 

September 27, 2010, approved for IBR 

November 23, 2011. 

(4) Airbus Service Bulletin A300–28–6068, 

dated July 20, 2005, approved for IBR on 

March 6, 2008 (73 FR 5731, January 31, 

2008). 

(5) Airbus Service Bulletin A300–28–6077, 

Revision 01, dated October 26, 2006, 

approved for IBR on March 6, 2008 (73 FR 

5731, January 31, 2008). 

(6) For service information identified in 

this AD, contact Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(7) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(8) You may also review copies of the 

service information that is incorporated by 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 202 / Wednesday, October 19, 2011 / Rules and Regulations 64785 

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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

3, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–26257 Filed 10–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39s 

[Docket No. FAA–2011–0312; Directorate 

Identifier 2010–NM–159–AD; Amendment 

39–16838; AD 2011–21–15] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model EMB–135ER, –135KE, –135KL, 

and –135LR airplanes; and Model EMB– 

145, –145ER, –145MR, –145LR, 

–145MP, and –145EP airplanes. This 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: 

This [Brazilian] AD results from reports of 

cracking in the firewall of the auxiliary 

power unit (APU). This AD is being issued 

to detect and correct this cracking, which 

could result in reduced structural integrity of 

the fuselage and empennage in the event that 

a fire penetrates through the firewall of the 

APU. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 23, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 23, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 19, 2011 (76 FR 

21822). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

This [Brazilian] AD results from reports of 

cracking in the firewall of the auxiliary 

power unit (APU). This AD is being issued 

to detect and correct this cracking, which 

could result in reduced structural integrity of 

the fuselage and empennage in the event that 

a fire penetrates through the firewall of the 

APU. 

* * * * * 

The required actions include repetitive 

detailed inspections for cracking of the 

rearward and forward face of the APU 

firewall, and repair if necessary. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Reference Latest Revision of 

Embraer Service Bulletin 145–53–0062 

EMBRAER and ExpressJet Airlines 

requested that we reference EMBRAER 

Service Bulletin 145–53–0062, Revision 

07, dated May 27, 2011, in the NPRM 

(76 FR 21822, April 19, 2011) as it is the 

most current. 

We agree that the latest service 

information should be referenced in this 

AD. We have changed references in 

paragraphs (h) and (l) of this AD to 

include EMBRAER Service Bulletin 

145–53–0062, Revision 07, dated May 

27, 2011. The effectivity of Revision 07 

was changed to add serial numbers that 

were inadvertently omitted in 

EMBRAER Service Bulletin 145–53– 

0062, Revision 06, dated August 11, 

2010. (The applicability of this final rule 

remains unchanged.) In addition, we 

have added EMBRAER Service Bulletin 

145–53–0062, Revision 06, dated 

August 11, 2010, to ‘‘Table 1—Credit 

Service Bulletins’’ of this AD. 

Request To Remove Date and Revision 

Level of the Airplane Maintenance 

Manual (AMM) or Allow for Later 

Revisions 

American Eagle Airlines requested 

that we remove the date and revision 

level of the AMM specified in paragraph 

(g) of the NPRM (76 FR 21822, April 19, 

2011), or allow for future revisions to 

the AMM. The commenter noted that if 

either of the AMM sections is updated 

by the manufacturer, the operators 

would be required to accomplish an 

obsolete task. 

We disagree with removing the date 

and revision level of the AMM because 

all documents incorporated by reference 

are required to have the date and 

revision level in accordance with the 

Office of the Federal Register 

regulations for approval of materials 

‘‘incorporated by reference’’ in rules. 

See 1 CFR 51.1(f). We also disagree with 

allowing the use of ‘‘future’’ revisions to 

the AMM. When referring to a specific 

service document in an AD, using the 

phrase, ‘‘or later FAA-approved 

revisions,’’ violates Office of the Federal 

Register regulations for approval of 

materials ‘‘incorporated by reference’’ in 

rules. See 1 CFR 51.1(f). In general 

terms, we are required by these OFR 

regulations to either publish the service 

document contents as part of the actual 

AD language; or submit the service 

document to the OFR for approval as 

‘‘referenced’’ material, in which case we 

may only refer to such material in the 

text of an AD. The AD may refer to the 

service document only if the OFR 

approved it for ‘‘incorporation by 

reference.’’ See 1 CFR part 51. 

However, because a later revision of 

the AMM has been issued since the 

NPRM (76 FR 21822, April 19, 2011) 

was published, we have revised 

paragraphs (g) and (l), and Note 2 of this 

AD to refer to EMBRAER EMB145 

Aircraft Maintenance Manual, Part II, 

AMM–145/1124, Revision 54, dated 

April 28, 2011. We have also added new 

paragraph (i) (and re-identified 

subsequent paragraphs accordingly) to 

this AD to give credit for EMBRAER 

EMB145 Aircraft Maintenance Manual, 

Part II, AMM–145/1124, Revision 53, 

dated October 28, 2010, which was 

referenced as the appropriate source of 

service information for certain actions 

specified in the NPRM. However, 

operators may request approval of an 

AMOC to use later revisions of this 

AMM under the provisions of paragraph 

(k) of this AD. No changes have been 

made to the AD in this regard. 


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