[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Proposed Rules]
[Pages 33409-33411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11677]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / 
Proposed Rules  

[[Page 33409]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28374; Directorate Identifier 2007-NM-067-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300-600R Series 
Airplanes; and Model A310-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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) 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:

    While they were gaining access to the THS (trimmable horizontal 
stabilizer) fuel tank for maintenance check, several operators have 
found one or several of the 8 THS hoist point fitting bases cracked 
or broken-off. The breakage resulted in metallic debris being 
released within the Trim Tank. The origin of the damage is most 
probably due to interference with the THS hoisting lugs that are 
stowed in the hoist point fittings in the reverse position, being 
screwed too deep inside the THS hoist fittings. Damaged hoist point 
fittings could cause the release of metallic debris within the THS 
fuel system.
    * * * Compliance with the requirements of this AD will also 
eliminate potential contributing factor[s] to ignition risks.

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 July 18, 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 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-
28374; Directorate Identifier 2007-NM-067-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 based on 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 2007-0024, dated January 25, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    While they were gaining access to the THS (trimmable horizontal 
stabilizer) fuel tank for maintenance check, several operators have 
found one or several of the 8 THS hoist point fitting bases cracked 
or broken-off. The breakage resulted in metallic debris being 
released within the Trim Tank. The origin of the damage is most 
probably due to interference with the THS hoisting lugs that are 
stowed in the hoist point fittings in the reverse position, being 
screwed too deep inside the THS hoist fittings. Damaged hoist point 
fittings could cause the release of metallic debris within the THS 
fuel system.
    This Airworthiness Directive (AD) requires the repair of any 
damaged THS hoist point fittings to prevent any risk of further 
hoist point fittings damage as well as any fuel leak. Compliance 
with the requirements of this AD will also eliminate potential 
contributing factor[s] to ignition risks.

The MCAI requires an inspection of the internal base of the THS hoist 
point fittings for signs of score, cracks, perforation or other damage; 
and an inspection of the hoist point fittings base inside the fuel tank 
for structural damage, as applicable, and applicable

[[Page 33410]]

corrective actions (repair damaged fittings and install new plastic 
plugs). Corrective actions must be done before return to revenue 
service. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A300-55-6041, and A310-55-2042, 
both dated September 13, 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, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an 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 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 137 products of U.S. registry. We also estimate that 
it would take about 10 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $332 per product. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $155,084, or $1,132 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-2007-28374; Directorate Identifier 2007-NM-
067-AD.

Comments Due Date

    (a) We must receive comments by July 18, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-300 and A300-600R 
series airplanes; certificated in any category; all serial numbers 
fitted with a THS (trimmable horizontal stabilizer) containing fuel 
on which, during production Airbus Modifications 04801 and 04802 
have been embodied, and Airbus Modification 06549 has not been 
embodied; except aircraft on which Airbus Modification 13191 has 
been embodied in production, or Airbus Service Bulletin A310-55-2042 
or A300-55-6041 has been incorporated in service.

Subject

    (d) Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    While they were gaining access to the THS (trimmable horizontal 
stabilizer) fuel tank for maintenance check, several operators have 
found one or several of the 8 THS hoist point fitting bases cracked 
or broken-off. The breakage resulted in metallic debris being 
released within the Trim Tank. The origin of the damage is most 
probably due to interference with the THS hoisting lugs that are 
stowed in the hoist point fittings in the reverse position being 
screwed too deep inside the THS hoist fittings. Damaged hoist point 
fittings could cause the release of metallic debris within the THS 
fuel system.
    This Airworthiness Directive (AD) requires the repair of any 
damaged THS hoist point fittings to prevent any risk of further 
hoist point fittings damage as well as any fuel leak. Compliance 
with the requirements of this AD will also eliminate potential 
contributing factor[s] to ignition risks.

The MCAI requires an inspection of the internal base of the THS 
hoist point fittings for signs of score, cracks, perforation or 
other damage; and an inspection of the hoist point fittings base 
inside the fuel tank for structural damage, as applicable, and 
applicable corrective actions (repair damaged fittings and install 
new plastic plugs). Corrective actions must be done before return to 
revenue service.

Actions and Compliance

    (f) Unless already done, within 60 months after the effective 
date of this AD, do the actions specified in paragraphs (f)(1) 
through (f)(6) of this AD in accordance with the instructions given 
in Airbus Service Bulletin A300-55-6041 or A310-55-2042, both dated 
September 13, 2006, as applicable.
    (1) Remove the 8 THS metallic hoisting lugs.

[[Page 33411]]

    (2) Do a detailed visual inspection of the internal base of the 
8 THS hoist point fittings in order to detect visible signs of 
score, cracks, perforation or other damage.
    (3) In case of no finding, install the new plastic plugs.
    (4) In case of any finding, entry into the fuel trim tank is 
required to do a detailed visual inspection for structural damage of 
the hoist point fittings base inside the fuel tank.
    (5) If structural damage is not confirmed, blend-out/protect the 
scoring area of the fitting internal base and install the new 
plastic plugs.
    (6) If structural damage is confirmed, repair the damaged 
fittings and install the new plastic plugs.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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: Tom Stafford, Aerospace Engineer, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1622; fax (425) 227-1149. 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.
    (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

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2007-0024, dated January 25, 2007; and Airbus Service 
Bulletins A300-55-6041 and A310-55-2042, both dated September 13, 
2006; for related information.

    Issued in Renton, Washington, on June 8, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-11677 Filed 6-15-07; 8:45 am]
BILLING CODE 4910-13-P