[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28827-28830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9399]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26120; Directorate Identifier 2006-NM-184-AD; 
Amendment 39-15051; AD 2007-10-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300-600 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 A300-600 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.

[[Page 28828]]


DATES: This AD becomes effective June 27, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of June 27, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

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 A300 
B4-600, B4-600R, and F4-600R series airplanes and Model C4-605R Variant 
F airplanes (collectively called A300-600 series airplanes). That NPRM 
was published in the Federal Register on December 14, 2006 (71 FR 
75145). That NPRM proposed to require revising the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness to incorporate new limitations for fuel tank systems.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Extend Compliance Time for Task 28-18-00-03-1

    Airbus requests that we extend the compliance time for the initial 
accomplishment of Task 28-18-00-03-1, ``Operational check of lo-level/
underfull/calibration sensors,'' from 34,000 total flight hours to 
40,000 flight hours since first aircraft entry into service. Airbus 
states that it is reviewing all the European Aviation Safety Agency 
(EASA) airworthiness directives for fuel airworthiness limitations and 
has found a deviation in the compliance time from what the EASA and 
Airbus had intended to be a grace period for operators. Airbus also 
states that the EASA is considering further rulemaking to extend the 
compliance time.
    We agree to extend the initial compliance time of Task 28-18-00-03-
1. Therefore, we have revised paragraph (g)(1) of this AD to specify an 
initial compliance time of prior to the accumulation of 40,000 total 
flight hours. We have coordinated this change with the EASA. Further, 
we have also revised paragraph (f) of this AD to clarify the initial 
compliance time for all other tasks specified in Section 1, 
``Maintenance/Inspection Tasks,'' of Airbus A300-600 Fuel Airworthiness 
Limitations, Document 95A.1929/05, Issue 1, dated December 19, 2005 
(hereafter referred to as ``Section 1 of Document 95A.1929/05''). The 
initial compliance time of those tasks starts from the later of the 
following times: (1) The effective date of this AD, or (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. We have also coordinated these compliance time changes 
with the EASA. Since the changes are relieving, the scope of this AD 
has not been expanded.

Request To Reference the Airplane Maintenance Manual (AMM)

    FedEx requests that either Airbus revise Section 1 of Document 
95A.1929/05, or we revise this AD to refer to the applicable sections 
of the Airbus A300-600 AMM or other service documents that describe the 
actions necessary to comply with this AD. As justification for its 
request, FedEx states that although Section 1 of Document 95A.1929/05 
refers to maintenance tasks 28-18-00-01-1, 28-18-00-02-1, and 28-18-00-
03-1, those tasks are not defined in the document.
    We agree to identify the applicable sections of the Airbus A300-600 
AMM necessary for accomplishing the tasks specified in Section 1 of 
Document 95A.1929/05. Airbus issued Operator Information Telex (OIT) SE 
999.0076/06, dated June 20, 2006, to identify the applicable sections 
of the AMM. We have added Note 2 to this AD to reference that OIT.

Request To Extend Compliance Time for Incorporating Section 1

    FedEx requests that we extend the compliance time for incorporating 
Section 1 of Document 95A.1929/05 into its maintenance program. FedEx 
states that it will have to develop, review, and approve inspection and 
maintenance documents, as well as have those documents approved by the 
FAA. FedEx further states that its experience has shown that 
accomplishing this requirement will take more time; therefore, FedEx 
requests that we extend the compliance time from 3 months to 6 months.
    We disagree with extending the compliance time. The compliance time 
in this AD agrees with what the EASA mandated in airworthiness 
directive 2006-0201, dated July 11, 2006, to ensure the continued 
airworthiness of Model A300-600 series airplanes in the European Union. 
We accept the EASA's position that 3 months is an appropriate amount of 
time to update maintenance procedures. Additionally, we are aware that 
some operators have already updated their maintenance tasks and have 
done so within 3 months, regardless of fleet size. However, under the 
provisions of paragraph (j) of this AD, we may approve requests for 
adjustments to the compliance time if data are submitted to 
substantiate that such an adjustment would provide an acceptable level 
of safety. We have not changed this AD in this regard.

Request To Specify the Revision Level of the Referenced Maintenance 
Documents

    FedEx requests that Airbus revise Section 2 of Airbus A300-600 Fuel 
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated 
December 19, 2005 (hereafter referred to as ``Section 2 of Document 
95A.1929/05'') to include revision levels for the referenced 
maintenance documents. As an alternative, FedEx proposes that we 
specify the appropriate revision levels in this AD. As justification, 
FedEx states that the maintenance documents referenced in Section 2 of 
Document 95A.1929/05 do not include the revision levels.
    We disagree with revising this AD to refer to specific revision 
levels for the referenced maintenance documents. It is the 
responsibility of an operator to ensure that its internal documentation 
is amended to reflect the data contained in Section 2 of Document 
95A.1929/05 and to include the appropriate text in the operator's FAA-
approved maintenance manual. We have not changed this AD in this 
regard.

[[Page 28829]]

Request To Revise the Wording of the Requirements

    FedEx states that instructing operators to ``Revise the ALS of the 
Instructions for Continued Airworthiness'' is confusing and does not 
clearly communicate what the requirements are. FedEx has proposed the 
following revision:

    (1) Within 3 months, the operator's scheduled maintenance 
program must be revised to include the maintenance/inspection tasks 
given in Section 1 of Airbus document 95A.1929/05, and, (2) Within 
12 months, the operator's maintenance documents listed in Section 2 
of Airbus document 95A.1929/05 must be revised to the revision 
levels indicated. The Airbus manuals and revision levels listed in 
Section 2 include all the CDCCL information necessary for compliance 
with this AD.

    We understand FedEx's comment and welcome any feedback that would 
improve the readability or usability of an AD. In this case, we do not 
agree with the proposed wording. The wording that was used represents a 
standard approach and has been used for many years. The intent is to 
have all airworthiness limitations, regardless of whether imposed by 
original type certification or by a later AD, located in one 
immediately recognizable document. In 1980, the FAA identified the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness as the appropriate document. We consider that not having 
all airworthiness limitations in one document could lead to confusion 
as to what is or what is not a mandatory maintenance action as 
identified in Federal Aviation Regulation, part 25, Appendix H, section 
H25.4. This is the basis of our requirement to have each operator 
maintain a current copy of the Airworthiness Limitations section. 
Concerning FedEx's statement that the AD does not clearly communicate 
what the actual compliance requirements are, we infer that the 
commenter is wondering if, after revising its copy of the Airworthiness 
Limitation section, there are other required actions such as ensuring 
that the operator's maintenance program is updated to incorporate the 
actions specified in the revised Airworthiness Limitations. 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. 14 CFR 91.403(c) specifies that 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.

Changes to Language for Repetitive Intervals

    In paragraph (f) of the NPRM, we stated that all tasks identified 
in Section 1 of Document 95A.1929/05 ``* * * must be accomplished 
within the repetitive interval specified in Section 1 of Document 
95A.1929/05 * * *.'' We have revised paragraph (f) of this AD to more 
clearly state that ``* * * the repetitive inspections must be 
accomplished thereafter at the intervals specified in Section 1 of 
Document 95A.1929/05 * * * .'' In paragraph (g) of the NPRM, we stated 
that task 28-18-00-03-1 must be accomplished ``within'' the repetitive 
interval specified in Section 1 of Document 95A.1929/05. We have 
revised paragraph (g) of this AD to state that task 28-18-00-03-1 must 
be accomplished ``at'' the repetitive interval specified in Section 1 
of Document 95A.1929/05.

Explanation of Change to Applicability

    We have revised the applicability of this AD to identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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 138 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 $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 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:


[[Page 28830]]


    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):

2007-10-10 Airbus: Amendment 39-15051. Docket No. FAA-2006-26120; 
Directorate Identifier 2006-NM-184-AD.

Effective Date

    (a) This AD becomes effective June 27, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300-600 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 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'' (hereafter referred to as ``Section 1 of Document 95A.1929/
05''). For all tasks identified in Section 1 of Document 95A.1929/
05, the initial compliance times start from the later 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.1929/05, 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 (OIT) SE 999.0076/06, 
dated June 20, 2006, identifies the applicable sections of the 
Airbus A300-600 airplane maintenance manual necessary for 
accomplishing the tasks specified in Section 1 of Document 95A.1929/
05.

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 of Document 
95A.1929/05: 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.1929/05.
    (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 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) 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 2006-0201, dated July 11, 2006, 
also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus A300-600 ALS Part 5--Fuel Airworthiness 
Limitations, dated May 31, 2006; and Airbus A300-600 Fuel 
Airworthiness Limitations, Document 95A.1929/05, Issue 1, dated 
December 19, 2005; as applicable; 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 May 7, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-9399 Filed 5-22-07; 8:45 am]
BILLING CODE 4910-13-P