[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Rules and Regulations]
[Pages 58499-58502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27925; Directorate Identifier 2006-NM-183-AD; 
Amendment 39-15232; AD 2007-21-14]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 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 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.

DATES: This AD becomes effective November 20, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 20, 
2007.

ADDRESSES: For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the

[[Page 58500]]

Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this AD, the 
regulatory evaluation, any comments received, and other information. 
The address for the Docket Office (telephone 800-647-5527) is the 
Document Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

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:

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 
series airplanes. That NPRM was published in the Federal Register on 
April 20, 2007 (72 FR 19826). That NPRM proposed to require revising 
the Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate new limitations for fuel tank systems.

Actions since NPRM Was Issued

    After we issued the NPRM, Airbus published the A310 Fuel 
Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 
2007 (approved by the European Aviation Safety Agency (EASA) on July 6, 
2007) (hereafter referred to as ``Document 95A.1930/05''). In the NPRM, 
we referred to Issue 1 of Document 95A.1930/05, dated December 19, 
2005, as the appropriate source of service information for 
accomplishing the actions proposed in the NPRM. The fuel airworthiness 
limitations specified in Issue 2 of Document 95A.1930/05 are the same 
as those in Issue 1 of Document 95A.1930/05. Airbus has revised certain 
task titles in Section 1 of Issue 2 of Document 95A.1930/05 and has 
clarified the applicability and corrected certain airplane maintenance 
manual (AMM) references in Section 2 of the document. Therefore, we 
have revised this AD by referring to Issue 2 of Document 95A.1930/05 as 
the appropriate source of service information.
    After we issued the NPRM, EASA issued airworthiness directive 2007-
0096 R1, dated May 2, 2007, to correct certain compliance times; our 
NPRM included the correct compliance times, which we explained as 
differences between the NPRM and EASA airworthiness directive 2006-
0202, dated July 11, 2006. The compliance times in this AD already 
correspond with the compliance times of EASA airworthiness directive 
2007-0096 R1. Therefore, we have revised paragraph (k) of this AD to 
refer to EASA airworthiness directive 2007-0096 R1.
    After we issued the NPRM, Airbus published Operator Information 
Telex (OIT) SE 999.0079/07, Revision 01, dated August 14, 2007, to 
identify the applicable sections of the Airbus A310 AMM necessary for 
accomplishing the tasks specified in Section 1 of Document 95A.1930/05. 
We have added a note to paragraph (f) of this AD to refer to that OIT.

Comments

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

Request To Revise ``Relevant Service Information'' Section

    Airbus requests that we revise the ``Relevant Service Information'' 
section to state that ``Section 1, `Maintenance/Inspection Tasks,' of 
Document 95A.1930/05 describes certain FAL inspections, which are 
periodic inspections of certain features for latent failures that could 
contribute to a fire.'' In the NPRM, we specified that the latent 
failures could contribute to an ignition source. As justification, 
Airbus states that not all three tasks identified in Section 1 of 
Document 95A.1930/05 contribute to minimizing the risk of an ignition 
source: Only Task 3 minimizes the risk of an ignition source, while 
Tasks 1 and 2 minimize the occurrence of a combustible environment. We 
agree with Airbus's statements. However, we have not revised this AD in 
this regard since the ``Relevant Service Information'' section is not 
retained in a final rule.

Request To Revise the Unsafe Condition

    Airbus states that it does not agree that there is an unsafe 
condition on Model A310 series airplanes, prior to accomplishing the 
maintenance/inspection tasks in Section 1 of Document 95A.1930/05. 
Airbus agrees that performing these tasks contributes to minimizing the 
risk of either an ignition source (Task 3) or the occurrence of a 
combustible environment (Tasks 1 and 2). In regard to the critical 
design configuration control limitations (CDCCLs), Airbus states that 
no unsafe condition exists at delivery, and that no unsafe condition 
will develop provided that operators observe the CDCCLs after delivery. 
Airbus further states that the CDCCLs are introduced to reduce the risk 
that an operator may inadvertently alter the design or installation, 
thus introducing a less safe configuration.
    We infer Airbus would like us to revise the unsafe condition in 
this AD to incorporate its comments. We do not agree to revise the 
unsafe condition of this AD. Fuel airworthiness limitations (FALs) are 
items arising from a systems safety analysis that have been shown to 
have failure modes associated with an unsafe condition, as defined in 
FAA Memorandum 2003-112-15, ``SFAR 88--Mandatory Action Decision 
Criteria,'' dated February 25, 2003. These FALs are identified in 
failure conditions for which an unacceptable probability of ignition 
risk could exist if specific tasks or practices or both are not 
performed in accordance with a manufacturer's requirements. As Airbus 
notes, if an operator does not observe the CDCCLs after delivery, then 
an unsafe condition could occur. For this reason we must mandate 
Document 95A.1930/05 to ensure the CDCCLs are observed. We have not 
changed this AD in this regard.

Request To Clarify the Requirements of Paragraph (h)

    Airbus requests that we revise paragraph (h) of the NPRM to state 
that operators are required to update their internal procedures and 
documentation to ensure appropriate management and control of the 
CDCCLs specified in Section 2 of Document 95A.1930/05. Airbus states 
that paragraph (h) of the NPRM is unclear about what an operator is 
expected to do with the CDCCLs. Airbus further states that paragraph 
(h) of the NPRM tells operators to add the CDCCLs to the ALS, but 
Airbus states that it has already done so. Airbus also states that the 
ALS is part of the type certification (TC) documentation and is not 
changed by operators.
    Although we understand Airbus' concern and welcome any feedback 
that would improve the readability or usability of an AD, the suggested 
language is too vague to be legally enforceable, so we cannot use it in 
this AD. We understand that Airbus has revised its airworthiness 
limitations document. However, according to 14 CFR 39.7, no person may 
operate a product unless the requirements of an applicable AD have been 
met. The burden is placed on the operator, not on the manufacturer, to 
ensure that the requirements of an AD are met. The requirement, as 
stated in the NPRM, is for the operator to revise its copy of the

[[Page 58501]]

airworthiness limitations document. This ensures that each affected 
operator maintains a current copy of the required airworthiness 
limitations.
    Concerning Airbus' statement that paragraph (h) of the NPRM does 
not clearly specify what an operator is expected to with the CDCCLs, we 
would like to clarify that paragraph (h) requires that affected 
operators revise their copies of the airworthiness limitations document 
to include the CDCCL requirements. This is the only requirement imposed 
under this AD for CDCCLs; once this revision has been accomplished, 
compliance with paragraph (h) of this AD has been completed. 
Subsequently, 14 CFR 91.403(c) requires an affected operator to comply 
with the revised Airworthiness Limitations document. 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. According to 14 CFR 91.403(c), 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.

Change to Paragraph (f)

    We have also clarified the compliance time in paragraph (f) of this 
AD by adding the word ``thereafter'' to more clearly state that * * * 
the repetitive inspections must be accomplished thereafter * * *''

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 69 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 $11,040, 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:

    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):

2007-21-14 Airbus: Amendment 39-15232. Docket No. FAA-2007-27925; 
Directorate Identifier 2006-NM-183-AD.

Effective Date

    (a) This AD becomes effective November 20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A310 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 A310 ALS Part 5--Fuel Airworthiness Limitations, 
dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness 
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 
(approved by the European Aviation Safety Agency (EASA) on July 6, 
2007), Section 1, ``Maintenance/Inspection Tasks.'' For all tasks 
identified in Section 1 of Document 95A.1930/05, the initial 
compliance times start from the later

[[Page 58502]]

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.1930/05, 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 SE 999.0079/07, 
Revision 01, dated August 14, 2007, identifies the applicable 
sections of the Airbus A310 airplane maintenance manual necessary 
for accomplishing the tasks specified in Section 1 of Document 
95A.1930/05.

Initial Compliance Time for Task 28-18-00-03-1

    (g) For Task 28-18-00-03-1 identified in Section 1 of Document 
95A.1930/05, ``Maintenance/Inspection Tasks,'' of Airbus A310 Fuel 
Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 
11, 2007 (approved by the EASA on July 6, 2007): 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.1930/05.
    (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 A310 ALS Part 5--Fuel Airworthiness Limitations, 
dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness 
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 
(approved by the EASA on July 6, 2007), 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 2007-0096 R1, dated May 2, 
2007, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus A310 ALS Part 5--Fuel Airworthiness 
Limitations, dated May 31, 2006; and Airbus A310 Fuel Airworthiness 
Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007; 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 October 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20221 Filed 10-15-07; 8:45 am]
BILLING CODE 4910-13-P