[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Rules and Regulations]
[Page 39307-39310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy07-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27154; Directorate Identifier 2006-NM-139-AD;
Amendment 39-15127; AD 2007-14-05]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A310 and 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 A310 and A300-600 series airplanes. This AD requires
revising the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by incorporating new and revised certification
maintenance requirements. This AD results from the manufacturer
determining that additional and revised certification maintenance
requirements are necessary in order to ensure continued operational
safety of the affected airplanes. We are issuing this AD to prevent
safety-significant latent failures that would, in combination with one
or more other specific failures or events, result in a hazardous or
catastrophic failure condition of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems.
DATES: This AD becomes effective August 22, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 22,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.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.
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 Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone (800) 647-5527) is
located on the ground floor of the West 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 A310
airplanes and Model A300-600 series airplanes. That NPRM was published
in the Federal Register on February 6, 2007 (72 FR 5362). That NPRM
proposed to require revising the Airworthiness Limitations section of
the Instructions for Continued Airworthiness by incorporating new and
revised certification maintenance requirements (CMRs).
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.
Request for Transition Period/Grace Period for Certain Maintenance
Significant Item (MSI) Tasks
Airbus requests that we give a transition/grace period of
approximately 2,000 flight hours (or twelve months) for the tasks
specified in MSI 78.30.00 of the CMRs, ``thrust reverser actuation and
cowling for airplanes that have installed a third line of defense
(TLOD).'' Airbus states that the service bulletins that introduce the
TLOD have been available since 2001. Airbus notes that this means that
some airplanes might have exceeded the 7,000-flight-hour threshold for
doing the MSI requirements and, per the NPRM, the actions specified in
the MSI would be required for those airplanes within 3 months after the
effective date of the AD. Based upon approximate annual utilization
data, Airbus proposes a transition period of 2,000 flight hours or 12
months.
We agree to add a transition/grace period for the MSI 78.30.00
tasks for the
[[Page 39308]]
reasons Airbus stated. We have determined that providing this period
for the tasks specified in MSI 78.30.00, as recommended by the
manufacturer, will not adversely affect safety. We have added a new
paragraph (g) to this AD that gives a transition/grace period for MSI
78.30.00 tasks, and we have revised paragraph (f) of this AD to refer
to that new paragraph.
Request To Allow for Adjustments of Two Star CMRs
FedEx requests that the NPRM include a mechanism to allow for
adjustments of two star CMRs in accordance with an operator's approved
escalation practices or by an approved reliability program. FedEx
states that the NPRM would require that operators request an
alternative method of compliance (AMOC) in order to escalate compliance
times specified in the CMRs and this would increase the burden for
operators. In addition, FedEx believes that any adjustments should be
able to be granted by the FAA, and not the Direction Generale de
l'Aviation Civile (DGAC), which is the airworthiness authority for
France, as specified in the CMRs.
We partially agree with the commenter. As discussed in advisory
circular AC 25-19, task intervals for two star CMRs may be adjusted
using an operator's approved escalation practice or an approved
reliability program. However, two star CMRs require an FAA-approved
letter for any tasks to be changed or deleted. This AD allows
adjustments to intervals as specified in Section 4 of the CMRs,
``Handling of Certification Maintenance Requirements'' and requires
that the task may not be changed or deleted without prior approval from
the aircraft certification office (ACO) of the FAA. Therefore, an AMOC
is required for changes to a task but not for adjustments of the task
intervals.
We agree that adjustments should be granted by the FAA. We have
revised paragraph (f) of this AD to clarify that ``where the CMRs
specify to contact the DGAC, operators are required to contact the FAA
for such approvals.''
Request To Allow Short-Term Extensions
FedEx requests that we allow for exceptional short-term flight-hour
or flight-cycle extensions for specific tasks. FedEx states that the
CMRs specify these extensions are to be submitted to the DGAC for
approval, but believes that these extensions should be granted by the
FAA.
We partially agree with the commenter's request. We already allow
for short-term extensions as specified in the CMRs. The short-term
extension mechanism is clearly stated in Section 5 of the CMRs,
``Exceptional Short-Term Extensions.'' It is further stated in Section
5, that short-term extensions up to the maximum values may be granted
without consultation with the DGAC. Therefore, only extensions in
excess of those defined in Section 5 require further FAA approval. In
this case, operators will need to request an AMOC from the FAA. We have
not revised this AD in this regard.
However, as stated previously, we have revised paragraph (f) of
this AD to clarify that where the CMRs specify to contact the DGAC, the
operators must contact the FAA.
Request To Revise Model Designations
Air Transport Association (ATA) and UPS request that we revise the
model designations in the NPRM. ATA notes that because we have called
out all the Model A300-600 designations earlier in the NPRM, we should
refer to only the Model A300-600 series aircrafts in paragraph (f) of
the NPRM. UPS points out that the model designations for the CMRs in
paragraph (f) of the NPRM need to be revised.
We agree to revise the model designations. Since the NPRM was
issued, the type certificate data sheet for the affected models has
been revised. We have revised the applicability and model designations
specified in the AD to identify model designations as published in the
most recent type certificate data sheet for the affected models.
Request for Clarification of Proposed Requirements
FedEx requests that we clarify the proposed requirements. FedEx
questions whether revision of an operator's approved maintenance
program to include the latest CMR revision would be all that is
required by the NPRM, or if individual CMR inspections would be deemed
mandatory and therefore would require repetitive tracking.
Concerning FedEx's request for clarification, 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. Section 91.403(c) of the Federal Aviation
Regulations (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 revised this AD in this regard.
Request To Reference Later Approved Revisions
FedEx and UPS request that we refer to later approved revisions of
the CMRs. FedEx notes that the CMRs seem to be revised regularly.
We cannot use the phrase ``or later FAA-approved revisions'' in an
AD when referring to the service document because doing so violates
Office of the Federal Register (OFR) regulations for approval of
materials ``incorporated by reference'' in rules. 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.
Since later approved revisions do not exist when the rule is issued,
they cannot be submitted to the OFR for approval. To allow operators to
use later revisions of the referenced document (issued after
publication of the AD), either we must revise the AD to refer to
specific later revisions, or operators must request approval to use
later revisions as an alternative method of compliance with this AD
under the provisions of paragraph (h) of this AD. We have not revised
this AD in this regard.
Request To Revise the Instructions in Paragraph (f) of the NPRM
UPS requests that we revise the instructions in paragraph (f) of
the NPRM. UPS notes that paragraph (f) specifies to revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness. UPS states that this document is controlled by
the manufacturer and cannot be revised by the operator. UPS concludes
that operators cannot comply with this proposed requirement and
suggests rewording the requirement to state, ``revise the Operators
Maintenance Program.''
We do not agree. The intent is to have all airworthiness
limitations, regardless
[[Page 39309]]
whether imposed by original type certification or by 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 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. Each operator is
provided with a copy of the Airworthiness Limitations section of the
Instructions for Continued Airworthiness and it is the operator's copy
that this AD requires to be revised to incorporate the latest revisions
provided by the manufacturer. We have not revised this AD in this
regard.
Clarification of 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
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Cost per registered Fleet cost
rate per hour airplane airplanes
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Revision of maintenance program.................................... 1 $80 $80 203 $16,240
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2007-14-05 Airbus: Amendment 39-15127. Docket No. FAA-2007-27154;
Directorate Identifier 2006-NM-139-AD.
Effective Date
(a) This AD becomes effective August 22, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A310 series airplanes
and Model A300-600 series airplanes, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these actions 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, the operator may not be able to
accomplish the inspections 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 (h) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25.1529-1.
Unsafe Condition
(d) This AD results from the manufacturer determining that
additional and revised certification maintenance requirements are
necessary in order to ensure continued operational safety of the
affected airplanes. We are issuing this AD to prevent safety-
significant latent failures that would, in combination with one or
more other specific failures or events, result in a hazardous or
catastrophic failure condition of avionics, hydraulic systems, fire
detection systems, fuel systems, or other critical systems.
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.
[[Page 39310]]
Revise the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness
(f) Within three months after the effective date of this AD,
revise the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by incorporating Airbus A300-600
Certification Maintenance Requirements (CMRs) AI/ST5/829/85, Issue
12, dated February 2005 (for Model A300-600 series airplanes); or
Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005 (for
Model A310 series airplanes); as applicable. Accomplish the actions
specified in the applicable CMRs at the intervals specified in the
applicable CMRs, except as provided by paragraph (g) of this AD.
Where the CMRs specify to contact the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), operators are
required to contact the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA, for such approvals. The actions
must be accomplished in accordance with the applicable CMRs.
Transition/Grace Period for Maintenance Significant Item (MSI) 78.30.00
Tasks
(g) For tasks identified in MSI 78.30.00, ``Thrust Reverser
Actuation and Cowling,'' of Section 2, ``CMR `Two Star' Tasks,'' of
Airbus A300-600 CMR AI/ST5/829/85, Issue 12, dated February 2005;
and Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005:
The initial compliance time is within 2,000 flight cycles or 12
months after the effective date of this AD, whichever occurs later.
Thereafter, actions identified in MSI 78.30.00 must be accomplished
within the repetitive interval specified in the applicable CMRs.
Where the CMRs specify to contact the DGAC, operators are required
to contact the Manager, International Branch, ANM-116, for such
approvals. The actions must be accomplished in accordance with the
applicable CMRs.
Alternative Methods of Compliance (AMOCs)
(h)(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
(i) French airworthiness directive F-2005-123, dated July 20,
2005, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Airbus A300-600 Certification Maintenance
Requirements AI/ST5/829/85, Issue 12, dated February 2005; or Airbus
A310 Certification Maintenance Requirements AI/ST5/849/85, Issue 12,
dated February 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 June 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-13322 Filed 7-17-07; 8:45 am]
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