[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Proposed Rules]
[Pages 63503-63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21997]


 ========================================================================
 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. 217 / Friday, November 9, 2007 / 
Proposed Rules  

[[Page 63503]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0172; Directorate Identifier 2007-NM-225-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300 B4-600, A300 B4-600R, 
A300 C4-600R, and A300 F4-600R Series Airplanes

AGENCY: Federal Aviation Administration (FAA), 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) 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:

    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88). * * *
    Under this regulation, all holders of type certificates for 
passenger transport aircraft * * * are required to conduct a design 
review against explosion risks.
    The replacement of some types of P-clips and improvement of the 
electrical bonding of the equipment in the fuel tanks are rendered 
mandatory by this AD.

    The unsafe condition is damage to wiring in the wing, center, and 
trim fuel tanks, due to failed P-clips used for retaining the wiring 
and pipes, which could result in a possible fuel ignition source in the 
wing, center, or trim fuel tanks. 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 December 10, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations office (telephone (800) 647-5527) 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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1622; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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-2007-0172; 
Directorate Identifier 2007-NM-225-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://www.regulations.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 2007-0233, dated August 27, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he 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 3rd, 
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 (3402 kg) or more, 
which have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
    The replacement of some types of P-clips and improvement of the 
electrical bonding of the equipment in the fuel tanks are rendered 
mandatory by this AD.

    Note: Initially, EASA AD 2006-0325, which addresses the same 
unsafe condition, also applied to A300-600 aircraft. The approval 
holder subsequently introduced additional work at revision 1 of SB 
(service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On 
September 21, 2007, the FAA issued parallel AD 2007-20-04 for only 
Airbus Model A300 Airplanes and Model A310 Airplanes, which was 
published in the Federal Register (72 FR 56258, October 3, 2007).]

    As a result, AD 2006-0325 has been revised to remove A300-600 
aircraft from applicability, and this new AD applicable to A300-600 
aircraft is issued.

    The unsafe condition is damage to wiring in the wing, center, and 
trim fuel tanks, due to failed P-clips used for retaining the wiring 
and pipes, which could result in a possible fuel ignition source in the 
wing, center, or trim fuel tanks. The corrective action is checking the 
electrical bonding points of certain equipment in the center fuel tank 
for the presence of a blue coat and doing related investigative and 
corrective actions if necessary. The related investigative action is to 
measure the electrical resistance between the equipment and structure, 
if a blue coat is not present. The corrective action is

[[Page 63504]]

to electrically bond the equipment, if the measured resistance is 
greater than 10 milliohms. The corrective action also includes 
installing new bonding leads and electrical bonding points on certain 
equipment in the left and right wing fuel tanks and center fuel tank. 
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 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 A300-28-6064, Revision 01, 
dated April 3, 2007; A300-28-6068, dated July 20, 2005; and A300-28-
6077, Revision 01, dated October 26, 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 114 products of U.S. registry. We also estimate that 
it would take about 632 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 $6,870 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 $6,547,020, or $57,430 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

[[Page 63505]]

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-2007-0172; Directorate Identifier 2007-NM-
225-AD.

Comments Due Date

    (a) We must receive comments by December 10, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Airbus Model A300 B4-600 series airplanes (without trim 
tank), all serial numbers, certificated in any category, except 
airplanes on which Airbus Modifications 12226, 12365, 12490, and 
12308 have been incorporated in production, or Airbus Service 
Bulletin A300-28-6064, Revision 01, dated April 3, 2007; and A300-
28-6068, dated July 20, 2005; have been performed in service.
    (2) Airbus Model A300 B4-600R, A300 C4-600R, and A300 F4-600R 
series airplanes (fitted with a trim tank), all serial numbers, 
certificated in any category, except airplanes on which Airbus 
Modifications 12226, 12365, 12490, 12308, 12294, and 12476 have been 
incorporated in production, or on which the service bulletins listed 
in paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this AD have 
been performed in service.
    (i) Airbus Service Bulletin A300-28-6064, Revision 01, dated 
April 3, 2007.
    (ii) Airbus Service Bulletin A300-28-6068, dated July 20, 2005.
    (iii) Airbus Service Bulletin A300-28-6077, dated July 25, 2005; 
or A300-28-6077, Revision 01, dated October 26, 2006.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    [T]he 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 3rd, 
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 (3402 kg) or more, 
which have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
    The replacement of some types of P-clips and improvement of the 
electrical bonding of the equipment in the fuel tanks are rendered 
mandatory by this AD.

    Note:  Initially, EASA AD 2006-0325, which addresses the same 
unsafe condition, also applied to A300-600 aircraft. The approval 
holder subsequently introduced additional work at revision 1 of SB 
(service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On 
September 21, 2007, the FAA issued parallel AD 2007-20-04 for only 
Airbus Model A300 Airplanes and Model A310 Airplanes, which was 
published in the Federal Register (72 FR 56258, October 3, 2007).]

    As a result, AD 2006-0325 has been revised to remove A300-600 
aircraft from applicability, and this new AD applicable to A300-600 
aircraft is issued.

    The unsafe condition is damage to wiring in the wing, center, 
and trim fuel tanks, due to failed P-clips used for retaining the 
wiring and pipes, which could result in a possible fuel ignition 
source in the wing, center, or trim fuel tanks. The corrective 
action is checking the electrical bonding points of certain 
equipment in the center fuel tank for the presence of a blue coat 
and doing related investigative and corrective actions if necessary. 
The related investigative action is to measure the electrical 
resistance between the equipment and structure, if a blue coat is 
not present. The corrective action is to electrically bond the 
equipment, if the measured resistance is greater than 10 milliohms. 
The corrective action also includes installing new bonding leads and 
electrical bonding points on certain equipment in the left and right 
wing fuel tanks and center fuel tank.

Actions and Compliance

    (f) Within 40 months after the effective date of this AD, unless 
already done, do the following actions.
    (1) Remove NSA5516-XXND or NSA5516-XXNJ type P-clips, used in 
the wing and center fuel tanks to retain wiring and pipes, and 
replace them by NSA5516-XXNF type P-clips in accordance with the 
instructions of Airbus Service Bulletin A300-28-6068, dated July 20, 
2005.
    (2) Check the electrical bonding points in the center tank and 
do all applicable related investigative and corrective actions, and 
install additional bonding leads and electrical bonding points in 
the wing and center fuel tanks in accordance with the instructions 
of Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 
2007. Do all applicable related investigative and corrective actions 
before further flight.
    (3) For airplanes fitted with a trim tank, in addition to the 
actions defined in paragraphs (f)(1) and (f)(2) of this AD, install 
bonding leads and electrical bonding points in the trim tanks, in 
accordance with the instructions of Airbus Service Bulletin A300-28-
6077, Revision 01, dated October 26, 2006.
    (4) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A300-28-6064, dated July 28, 
2005, for aircraft under configuration 05, as defined in the service 
bulletin, are considered acceptable for compliance with the 
requirements of paragraph (f)(2) of this AD.
    (5) Actions done before the effective date of this AD in 
accordance with Airbus Service Bulletin A300-28-6077, dated July 25, 
2005, for aircraft under configuration 05, as defined in the service 
bulletin, are considered acceptable for compliance with the 
requirements of paragraph (f)(3) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The applicability of the MCAI does not address Airbus 
Modification 12490. We have added this Modification number to the 
applicability of this AD, as requested by Airbus and coordinated 
with the European Aviation Safety Agency (EASA).

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, Transport Airplane Directorate, 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, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 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.

[[Page 63506]]

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0233, dated 
August 27, 2007, and the service information listed in Table 1 of 
this AD, for related information.

                                          Table 1.--Service Information
----------------------------------------------------------------------------------------------------------------
        Airbus Service Bulletin                   Revision level                           Date
----------------------------------------------------------------------------------------------------------------
A300-28-6064...........................  01.............................  April 3, 2007.
A300-28-6068...........................  Original.......................  July 20, 2005.
A300-28-6077...........................  01.............................  October 26, 2006.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-21997 Filed 11-8-07; 8:45 am]
BILLING CODE 4910-13-P