[Federal Register Volume 72, Number 23 (Monday, February 5, 2007)]
[Rules and Regulations]
[Pages 5160-5164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1602]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24289; Directorate Identifier 2005-NM-186-AD; 
Amendment 39-14921; AD 2007-03-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 Airplanes; A300 B4-
600, B4-600R, and F4-600R Series Airplanes, and Model A300 C4-605R 
Variant F Airplanes (Collectively Called A300-600 Series Airplanes); 
and A310 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 airplanes identified above. This AD requires improving the 
routing of certain electrical wire bundles in certain airplane zones, 
as applicable to the airplane model. This AD results from fuel system 
reviews conducted by the manufacturer. We are issuing this AD 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.

DATES: This AD becomes effective March 12, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 12, 
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: Thomas Stafford, Aerospace Engineer, 
International Branch, ANM-116,

[[Page 5161]]

Transport Airplane Directorate, FAA, 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 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 supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to all Airbus 
Model A300 airplanes; A300 B4-600, B4-600R, and F4-600R series 
airplanes, and Model A300 C4-605R Variant F airplanes (collectively 
called A300-600 series airplanes); and A310 airplanes. That 
supplemental NPRM was published in the Federal Register on September 
11, 2006 (71 FR 53341). That supplemental NPRM proposed to require the 
actions in the original NPRM, which were improving the routing of 
certain electrical wire bundles in certain airplane zones, as 
applicable to the airplane model. That supplemental NPRM also revised 
the original NPRM by removing certain proposed requirements, and 
extending the compliance time for a certain replacement. That 
supplemental NPRM also specified that the actions are considered 
interim until a terminating action for the removed proposed 
requirements is approved and available.

Relevant Service Information

    Since we issued the supplemental NPRM, we have reviewed and 
approved the service bulletins listed in the following table. We 
referred to earlier revisions of these service bulletins as appropriate 
sources of service information for accomplishing certain actions in the 
supplemental NPRM. We have changed paragraphs (f)(2), (g), (h)(1), and 
(h)(2), and Table 1 of this AD to include references to these new 
revisions, and to give credit for accomplishment of previous revisions. 
The changes in the service information do not change the scope of the 
AD.

               New Revisions of Certain Service Bulletins
------------------------------------------------------------------------
       Airbus Service Bulletin--                 Was Issued to--
------------------------------------------------------------------------
A300-24-6004, Revision 04, dated          Change the
 November 15, 2005.                       manufacturer's serial numbers
                                          in Paragraph 1.A.
                                          ``Effectivity.''
                                          Specify that the
                                          service bulletin has been
                                          rendered mandatory in France.
                                          Give the European
                                          Aviation Safety Agency (EASA)
                                          designation organization
                                          approval number.
                                          Include references to
                                          certain other documents.
                                          Update certain access
                                          and test information.
                                          Include a note
                                          regarding the removal of a
                                          certain clamp.
A300-24-6043, Revision 07, dated          Change the
 October 11, 2006.                        manufacturer's serial numbers
                                          in Paragraph 1.A.
                                          ``Effectivity.''
                                          Revise manpower
                                          estimates.
                                          Include references to
                                          certain other documents.
                                          Revise materials
                                          description.
                                          Add a note regarding
                                          the size of certain clamps.
A300-28-6056, Revision 01, dated          Change the
 January 20, 2006.                        manufacturer's serial numbers
                                          in Paragraph 1.A.
                                          ``Effectivity.''
                                          Specify that the
                                          service bulletin is part of
                                          the fuel safety assessment
                                          program.
                                          Specify that the
                                          service bulletin has been
                                          rendered mandatory in France.
                                          Include references to
                                          certain other documents.
                                          Update material,
                                          price, and industry support
                                          information.
                                          Update certain access
                                          and part number information.
A310-24-2009, Revision 04, dated          Change the
 November 15, 2005.                       manufacturer's serial numbers
                                          in Paragraph 1.A.
                                          ``Effectivity.''
                                          Specify that the
                                          service bulletin has been
                                          rendered mandatory in France.
                                          Give the EASA
                                          designation organization
                                          approval number.
                                          Include references to
                                          certain other documents.
                                          Update certain access
                                          and test information.
                                          Include a note
                                          regarding the removal of a
                                          certain clamp.
------------------------------------------------------------------------

Comments

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

Request To Change Incorporation of Certain Information

    The Modification and Replacement Parts Association (MARPA) states 
that, typically, airworthiness directives are based on service 
information originating with the type certificate holder or its 
suppliers. MARPA adds that manufacturer service documents are privately 
authored instruments generally having copyright protection against 
duplication and distribution. MARPA notes that when a service document 
is incorporated by reference into a public document, such as an 
airworthiness directive, it loses its private, protected status and 
becomes a public document. MARPA adds that if a service document is 
used as a mandatory element of compliance, it should not simply be 
referenced, but should be incorporated into the regulatory document; by 
definition, public laws must be public, which means they cannot rely 
upon private writings. MARPA is concerned that the failure to 
incorporate essential service

[[Page 5162]]

information could result in a court decision invalidating the AD.
    MARPA adds that incorporated by reference service documents should 
be made available to the public by publication in the Docket Management 
System (DMS), keyed to the action that incorporates them. MARPA notes 
that the stated purpose of the incorporation by reference method is 
brevity, to keep from expanding the Federal Register needlessly by 
publishing documents already in the hands of the affected individuals; 
traditionally, ``affected individuals'' means aircraft owners and 
operators, who are generally provided service information by the 
manufacturer. MARPA adds that a new class of affected individuals has 
emerged, since the majority of aircraft maintenance is now performed by 
specialty shops instead of aircraft owners and operators. MARPA notes 
that this new class includes maintenance and repair organizations, 
component servicing and repair shops, parts purveyors and distributors, 
and organizations manufacturing or servicing alternatively certified 
parts under part 21 of the Federal Aviation Regulations (14 CFR part 
21), Sec.  21.303 (parts manufacturer approval) (PMA). MARPA adds that 
the concept of brevity is now nearly archaic as documents exist more 
frequently in electronic format than on paper. Therefore, MARPA asks 
that the service documents deemed essential to the accomplishment of 
the NPRM be incorporated by reference into the regulatory instrument, 
and published in the DMS.
    We understand MARPAs comment concerning incorporation by reference. 
The Office of the Federal Register (OFR) requires that documents that 
are necessary to accomplish the requirements of the AD be incorporated 
by reference during the final rule phase of rulemaking. This final rule 
incorporates by reference the document necessary for the accomplishment 
of the requirements mandated by this AD. Further, we point out that 
while documents that are incorporated by reference do become public 
information, they do not lose their copyright protection. For that 
reason, we advise the public to contact the manufacturer to obtain 
copies of the referenced service information.
    Additionally, we do not publish service documents in DMS. We are 
currently reviewing our practice of publishing proprietary service 
information. Once we have thoroughly examined all aspects of this 
issue, and have made a final determination, we will consider whether 
our current practice needs to be revised. However, we consider that to 
delay this AD action for that reason would be inappropriate, since we 
have determined that an unsafe condition exists and that the 
requirements in this AD must be accomplished to ensure continued 
safety. Therefore, we have not changed the AD in this regard.

Clarification of Paragraph (f)(2)

    We have clarified paragraph (f)(2) of this AD to specify the 
intended paragraph identifier referenced in that paragraph.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Interim Action

    We consider this AD interim action. The EASA, which is the 
airworthiness authority for the European Union, has informed us that 
the manufacturer is currently developing an additional modification 
that will address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, we may consider 
additional rulemaking.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.
    This AD affects about 169 airplanes of U.S. registry. The following 
table provides the estimated costs for U.S. operators to comply with 
this AD. The average labor rate is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
   For airplanes on which this
      action is required--           Work hours                 Parts                    Cost per airplane
----------------------------------------------------------------------------------------------------------------
Action 3, Modify the retaining    4 to 16.........  $836 to $1,056...............  $1,156 to $2,336.
 and protection system.
Action 4, Modify the electrical   2...............  $720.........................  $880.
 wiring of routes 1P and 2P.
Action 5, Inspect the wire looms  8...............  Operator Supplied............  $640.
 on the wing trailing edge.
Action 6, Replace the nylon       44 to 98........  $100 to $5,700...............  $3,620 to $13,540.
 clamps of the electrical routes
 in the hydraulic compartment
 and in the shroud box.
----------------------------------------------------------------------------------------------------------------

    Based on these figures, the estimated cost of the AD for U.S. 
operators is up to $2,939,924, or up to $17,396 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

[[Page 5163]]

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):

2007-03-10 Airbus: Amendment 39-14921. Docket No. FAA-2006-24289; 
Directorate Identifier 2005-NM-186-AD.

Effective Date

    (a) This AD becomes effective March 12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 airplanes; A300 B4-
601, B4-603, B4-620, B4-622, B4-605R, B4-622R, A300 F4-605R, F4-
622R, and C4-605R Variant F airplanes; and A310 airplanes; 
certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD 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.

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.

Action 3--Modify the Retaining and Protection System

    (f) For all airplanes identified in paragraphs (f)(1) and (f)(2) 
of this AD: Within 26 months after the effective date of this AD, 
modify the retaining and protection system for the electrical 
bundles located at the wing-to-fuselage junction, under the flap 
control screw jack.
    (1) For Model A300 airplanes: Do the actions specified in 
paragraph (f) of this AD in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A300-24-0085, Revision 06, 
dated October 13, 2005.
    (2) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes, except 
those on which Airbus Modification 10505 has been done: Do the 
actions specified in paragraph (f) of this AD in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-24-6043, 
Revision 07, dated October 11, 2006.

Action 4--Modify the Electrical Wiring of Routes 1P and 2P

    (g) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except 
those on which Airbus Modification 11741 has been done: Within 26 
months after the effective date of this AD, modify the electrical 
wiring of routes 1P and 2P (along the top panel of the shroud box 
and the rear spars of the wings) by extending the protective 
conduits up to the next support, and replace the two existing clamps 
on this support with new, improved clamps. Do all actions in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A300-28-6056, Revision 01, dated January 20, 2006.

Action 5--Inspect the Wire Looms

    (h) For all airplanes identified in paragraphs (h)(1) and (h)(2) 
of this AD: Within 26 months after the effective date of this AD, do 
a general visual inspection of the wire looms on the wing trailing 
edge for improperly held wires in the clamps, restore the electrical 
bundles to good condition, and replace the affected nylon clamps 
with metallic clamps that have an elastomer lining. Do all 
applicable corrective action before further flight. Repeat the 
inspection thereafter at intervals not to exceed 26 months until all 
clamps have been replaced.
    (1) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except 
those on which Airbus Modification 6478 has been done: Do the 
actions specified in paragraph (h) of this AD in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-24-6004, 
Revision 04, dated November 15, 2005.
    (2) For Model A310 airplanes, except those on which Airbus 
Modification 6478 has been done: Do the actions specified in 
paragraph (h) of this AD in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A310-24-2009, Revision 04, 
dated November 15, 2005.

Action 6--Improve the Quality of the Electrical Routes

    (i) For all airplanes identified in paragraphs (i)(1), (i)(2), 
and (i)(3) of this AD: Within 26 months after the effective date of 
this AD, replace the nylon clamps of the electrical routes in the 
hydraulic compartment and in the shroud box with new metallic clamps 
that have white silicone lining (for airplanes identified in 
paragraph (i)(1) of this AD); and/or replace the nylon clamps and 
change the location of routes 1P and 2P to improve the retention of 
the wiring loom (for airplanes identified in paragraphs (i)(2) and 
(i)(3) of this AD); as applicable.
    (1) For Model A300 airplanes; except those on which Airbus 
Modification 11763 has been done: Do the actions specified in 
paragraph (i) of this AD in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A300-24-0100, dated April 7, 
2005.
    (2) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except 
those on which Airbus Modifications 11763 and 12995 have been done: 
Do the actions specified in paragraph (i) of this AD in accordance 
with the Accomplishment Instructions of Airbus Service Bulletin 
A300-24-6084, Revision 01, dated June 28, 2005.
    (3) For Model A310 airplanes, except those on which Airbus 
Modification 11763 has been done: Do the actions specified in 
paragraph (i) of this AD in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A310-24-2091, dated March 4, 
2005.

Parts Installation

    (j) After the effective date of this AD, no person may install 
on any airplane plate assemblies with part numbers A5351088000000 or 
A5351088000100 unless they have been modified in accordance with 
paragraph (f) of this AD.

Actions Accomplished According to Previous Revisions of Service 
Bulletins

    (k) Actions done before the effective date of this AD in 
accordance with the service bulletins identified in Table 1 of this 
AD are acceptable for compliance with the corresponding requirements 
in this AD.

                                Table 1.--Previous Revisions of Service Bulletins
----------------------------------------------------------------------------------------------------------------
        Airbus Service Bulletin                Revision level                            Date
----------------------------------------------------------------------------------------------------------------
A300-24-0085...........................  Original..................  December 12, 1994.
A300-24-0085...........................  03........................  January 17, 1996.
A300-24-0085...........................  04........................  July 23, 1996.
A300-24-0085...........................  05........................  March 6, 2001.

[[Page 5164]]

 
A300-24-6004...........................  1.........................  January 28, 1988.
A300-24-6004...........................  2.........................  February 24, 1995.
A300-24-6004...........................  03........................  June 30, 1998.
A300-24-6043...........................  Original..................  December 12, 1994.
A300-24-6043...........................  01........................  February 7, 1995.
A300-24-6043...........................  02........................  May 10, 1995.
A300-24-6043...........................  03........................  January 17, 1996.
A300-24-6043...........................  04........................  March 6, 2001.
A300-24-6043...........................  05........................  August 30, 2001.
A300-24-6043...........................  06........................  October 13, 2005.
A300-24-6084...........................  Original..................  March 4, 2005.
A300-28-6056...........................  Original..................  February 18, 1998.
A310-24-2009...........................  Original..................  May 31, 1985.
A310-24-2009...........................  1.........................  January 28, 1988.
A310-24-2009...........................  2.........................  February 24, 1995.
A310-24-2009...........................  03........................  June 30, 1998.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (l)(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) 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.

Related Information

    (m) European Aviation Safety Agency airworthiness directive 
2006-0074, dated April 3, 2006, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (n) You must use the service information specified in Table 2 of 
this AD 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 Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., Room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                  Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
        Airbus Service Bulletin                Revision  level                           Date
----------------------------------------------------------------------------------------------------------------
A300-24-0085...........................  06........................  October 13, 2005.
A300-24-0100...........................  Original..................  April 7, 2005.
A300-24-6004...........................  04........................  November 15, 2005.
A300-24-6043...........................  07........................  October 11, 2006.
A300-24-6084...........................  01........................  June 28, 2005.
A300-28-6056...........................  01........................  January 20, 2006.
A310-24-2009...........................  04........................  November 15, 2005.
A310-24-2091...........................  Original..................  March 4, 2005.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on January 24, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-1602 Filed 2-2-07; 8:45 am]
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