[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55123-55126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25774]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0996; Directorate Identifier 2009-NM-156-AD; 
Amendment 39-16061; AD 2007-21-14 R1]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all Airbus Model A310 airplanes. That AD currently 
requires revising the Airworthiness Limitations Section of the 
Instructions for Continued Airworthiness to incorporate new limitations 
for fuel tank systems. This AD clarifies the intended effect of the AD 
on spare and on-airplane fuel tank system components. This AD results 
from fuel system reviews conducted by the manufacturer. We are

[[Page 55124]]

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 is effective November 12, 2009.
    On November 20, 2007 (72 FR 58499, October 16, 2007), the Director 
of the Federal Register approved the incorporation by reference of 
certain publications listed in the AD.
    We must receive any comments on this AD by December 11, 2009.

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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Airbus SAS--
EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 
51; e-mail: [email protected]; Internet http://www.airbus.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket 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:

Discussion

    On October 5, 2007, we issued AD 2007-21-14, amendment 39-15232 (72 
FR 58499, October 16, 2007). That AD applied to all Airbus Model A310 
airplanes. That AD required revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to incorporate 
new limitations for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness. 
But once the CDCCLs are incorporated into the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness, future 
maintenance actions on components must be done in accordance with those 
CDCCLs.

FAA's Determination and Requirements of This AD

    The affected product(s) have been approved by the aviation 
authority of another country, and are approved for operation in the 
United States. We are issuing this AD because we evaluated all 
pertinent information and determined the unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
This new AD retains the requirements of the existing AD, and adds a new 
note to clarify the intended effect of the AD on spare and on-airplane 
fuel tank system components.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    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.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0996; Directorate Identifier 2009-NM-156-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of 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 AD.

[[Page 55125]]

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 the 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 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 part 39 of the Federal Aviation Regulations (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 FAA amends Sec.  39.13 by removing amendment 39-15232 (72 FR 
58499, October 16, 2007) and adding the following new AD:

2007-21-14 R1 Airbus: Amendment 39-16061. Docket No. FAA-2009-0996; 
Directorate Identifier 2009-NM-156-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 12, 
2009.

Affected ADs

    (b) This AD revises AD 2007-21-14.

Applicability

    (c) This AD applies to all Airbus Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 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.

Restatement of AD 2007-21-14, With No Changes

Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel 
Maintenance and Inspection Tasks

    (f) Within 3 months after November 20, 2007 (the effective date 
of AD 2007-21-14), 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 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) November 20, 2007.
    (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 November 20, 
2007, whichever occurs first.

Revise ALS To Incorporate CDCCLs

    (h) Within 12 months after November 20, 2007, 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.

New Information

Explanation of CDCCL Requirements

    Note 3:  Notwithstanding any other maintenance or operational 
requirements, components that have been identified as

[[Page 55126]]

airworthy or installed on the affected airplanes before the revision 
of the ALS, as required by paragraph (f) of this AD, do not need to 
be reworked in accordance with the CDCCLs. However, once the ALS has 
been revised, future maintenance actions on these components must be 
done in accordance with the CDCCLs.

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 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.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.

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 
do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of 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; on November 20, 2007 (72 FR 58499, October 16, 2007).
    (2) For service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; e-mail: [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 19, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-25774 Filed 10-26-09; 8:45 am]
BILLING CODE 4910-13-P