[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Proposed Rules]
[Page 11302-11305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr07-12]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27361; Directorate Identifier 2006-NM-237-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310 Series Airplanes; and
Airbus Model A300-600 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
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) issued 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 explosion risks. Chafing of the fuel pump cables could
result in short circuits leading to fuel pump failure, intermittent
operation, arcing, and possible fuel tank explosion. 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 April 12, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; or in person at the Docket Management Facility 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 Office (telephone (800) 647-5227) 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, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. This streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative
[[Page 11303]]
Procedure Act, and Federal Register requirements. We also continue to
meet our technical decision-making responsibilities to identify and
correct unsafe conditions on U.S.-certificated products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.
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-
27361; Directorate Identifier 2006-NM-237-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 because of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact 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 2006-0284 R1, dated February 13, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states that the FAA has published SFAR 88
(Special Federal Aviation Regulation 88). In their letters referenced
04/00/02/07/01-L296, dated March 4, 2002, and 04/00/02/07/03-L024,
dated February 3, 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 (3,402
kilograms) or more, which have received their certification since
January 1, 1958, are required to conduct a design review against
explosion risks.
The MCAI design review found that fuel pump cables can possibly
become chafed in their metallic conduits. The chafing of the fuel pump
cables can result in short circuits leading to fuel pump failure,
intermittent operation, arcing, and possible fuel tank explosion. The
MCAI, which requires modification of the fuel pump wiring against short
circuits, is a consequence of this design review. 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 Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Relevant Service Information
Airbus has issued Service Bulletins A300-24-6094, Revision 01,
dated July 18, 2006; and A310-24-2097, Revision 01, dated October 11,
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, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information provided by the State of Design Authority
and determined the 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
described in a separate paragraph of the proposed AD. These
requirements, if
[[Page 11304]]
ultimately adopted, will take precedence over the actions copied from
the MCAI.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 205 products of U.S. registry. We also estimate that
it would take about 72 work-hours per product to comply with this
proposed AD. The average labor rate is $80 per work-hour. Required
parts would cost about $7,190 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
$2,654,750, or $12,950 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 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-2007-27361; Directorate Identifier 2006-NM-
237-AD.
Comments Due Date
(a) We must receive comments by April 12, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A310 series airplanes; and
Model A300-600 series airplanes; certificated in any category; all
certified models, all serial numbers, except for aircraft which have
received in production Airbus modification 13118 or Airbus Service
Bulletin (SB) A310-24-2097 or A300-24-6094.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that the 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 3,
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 (3,402 kilograms) or more, which have received their
certification since January 1, 1958, are required to conduct a
design review against explosion risks. The MCAI design review found
that fuel pump cables can possibly become chafed in their metallic
conduits. The chafing of the fuel pump cables can result in short
circuits leading to fuel pump failure, intermittent operation,
arcing, and possible fuel tank explosion. The MCAI, which requires
modification of the fuel pump wiring against short circuits, is a
consequence of this design review.
Actions and Compliance
(e) Unless already done, do the following actions.
(1) Within 37 months after the effective date of this AD: Modify
the inner and outer fuel pumps, route 1P and 2P harnesses in the LH
(left-hand) wing and in the RH (right-hand) wing in accordance with
the instructions of Airbus Service Bulletins A300-24-6094, dated
February 15, 2006; A300-24-6094, Revision 01, dated July 18, 2006;
A310-24-2097, dated February 15, 2006; or A310-24-2097, Revision 01,
dated October 11, 2006; as applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
Attn: Tom Stafford, Aerospace Engineer, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. Before using any AMOC approved in accordance with Sec. 39.19
on any airplane to which the AMOC applies, notify the appropriate
principal inspector in the FAA Flight Standards Certificate Holding
District Office.
(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.
Related Information
(g) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0284 R1, dated February 13, 2007; and Airbus Service
Bulletins A300-24-6094, dated February 15, 2006; A300-24-6094,
Revision 01, dated July 18, 2006; A310-24-2097, dated February 15,
2006; and A310-24-2097, Revision 01, dated October 11, 2006; for
related information.
[[Page 11305]]
Issued in Renton, Washington, on March 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-4534 Filed 3-12-07; 8:45 am]
BILLING CODE 4910-13-P