AD 2007-14-05

[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Rules and Regulations]
[Pages 39307-39310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-13322]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27154; Directorate Identifier 2006-NM-139-AD; 
Amendment 39-15127; AD 2007-14-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 and A300-600 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 and A300-600 series airplanes. This AD requires 
revising the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness by incorporating new and revised certification 
maintenance requirements. This AD results from the manufacturer 
determining that additional and revised certification maintenance 
requirements are necessary in order to ensure continued operational 
safety of the affected airplanes. We are issuing this AD to prevent 
safety-significant latent failures that would, in combination with one 
or more other specific failures or events, result in a hazardous or 
catastrophic failure condition of avionics, hydraulic systems, fire 
detection systems, fuel systems, or other critical systems.

DATES: This AD becomes effective August 22, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 22, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located on the ground floor of the West Building at the street address 
stated in the ADDRESSES section.

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 
airplanes and Model A300-600 series airplanes. That NPRM was published 
in the Federal Register on February 6, 2007 (72 FR 5362). That NPRM 
proposed to require revising the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness by incorporating new and 
revised certification maintenance requirements (CMRs).

Comments

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

Request for Transition Period/Grace Period for Certain Maintenance 
Significant Item (MSI) Tasks

    Airbus requests that we give a transition/grace period of 
approximately 2,000 flight hours (or twelve months) for the tasks 
specified in MSI 78.30.00 of the CMRs, ``thrust reverser actuation and 
cowling for airplanes that have installed a third line of defense 
(TLOD).'' Airbus states that the service bulletins that introduce the 
TLOD have been available since 2001. Airbus notes that this means that 
some airplanes might have exceeded the 7,000-flight-hour threshold for 
doing the MSI requirements and, per the NPRM, the actions specified in 
the MSI would be required for those airplanes within 3 months after the 
effective date of the AD. Based upon approximate annual utilization 
data, Airbus proposes a transition period of 2,000 flight hours or 12 
months.
    We agree to add a transition/grace period for the MSI 78.30.00 
tasks for the

[[Page 39308]]

reasons Airbus stated. We have determined that providing this period 
for the tasks specified in MSI 78.30.00, as recommended by the 
manufacturer, will not adversely affect safety. We have added a new 
paragraph (g) to this AD that gives a transition/grace period for MSI 
78.30.00 tasks, and we have revised paragraph (f) of this AD to refer 
to that new paragraph.

Request To Allow for Adjustments of Two Star CMRs

    FedEx requests that the NPRM include a mechanism to allow for 
adjustments of two star CMRs in accordance with an operator's approved 
escalation practices or by an approved reliability program. FedEx 
states that the NPRM would require that operators request an 
alternative method of compliance (AMOC) in order to escalate compliance 
times specified in the CMRs and this would increase the burden for 
operators. In addition, FedEx believes that any adjustments should be 
able to be granted by the FAA, and not the Direction Generale de 
l'Aviation Civile (DGAC), which is the airworthiness authority for 
France, as specified in the CMRs.
    We partially agree with the commenter. As discussed in advisory 
circular AC 25-19, task intervals for two star CMRs may be adjusted 
using an operator's approved escalation practice or an approved 
reliability program. However, two star CMRs require an FAA-approved 
letter for any tasks to be changed or deleted. This AD allows 
adjustments to intervals as specified in Section 4 of the CMRs, 
``Handling of Certification Maintenance Requirements'' and requires 
that the task may not be changed or deleted without prior approval from 
the aircraft certification office (ACO) of the FAA. Therefore, an AMOC 
is required for changes to a task but not for adjustments of the task 
intervals.
    We agree that adjustments should be granted by the FAA. We have 
revised paragraph (f) of this AD to clarify that ``where the CMRs 
specify to contact the DGAC, operators are required to contact the FAA 
for such approvals.''

Request To Allow Short-Term Extensions

    FedEx requests that we allow for exceptional short-term flight-hour 
or flight-cycle extensions for specific tasks. FedEx states that the 
CMRs specify these extensions are to be submitted to the DGAC for 
approval, but believes that these extensions should be granted by the 
FAA.
    We partially agree with the commenter's request. We already allow 
for short-term extensions as specified in the CMRs. The short-term 
extension mechanism is clearly stated in Section 5 of the CMRs, 
``Exceptional Short-Term Extensions.'' It is further stated in Section 
5, that short-term extensions up to the maximum values may be granted 
without consultation with the DGAC. Therefore, only extensions in 
excess of those defined in Section 5 require further FAA approval. In 
this case, operators will need to request an AMOC from the FAA. We have 
not revised this AD in this regard.
    However, as stated previously, we have revised paragraph (f) of 
this AD to clarify that where the CMRs specify to contact the DGAC, the 
operators must contact the FAA.

Request To Revise Model Designations

    Air Transport Association (ATA) and UPS request that we revise the 
model designations in the NPRM. ATA notes that because we have called 
out all the Model A300-600 designations earlier in the NPRM, we should 
refer to only the Model A300-600 series aircrafts in paragraph (f) of 
the NPRM. UPS points out that the model designations for the CMRs in 
paragraph (f) of the NPRM need to be revised.
    We agree to revise the model designations. Since the NPRM was 
issued, the type certificate data sheet for the affected models has 
been revised. We have revised the applicability and model designations 
specified in the AD to identify model designations as published in the 
most recent type certificate data sheet for the affected models.

Request for Clarification of Proposed Requirements

    FedEx requests that we clarify the proposed requirements. FedEx 
questions whether revision of an operator's approved maintenance 
program to include the latest CMR revision would be all that is 
required by the NPRM, or if individual CMR inspections would be deemed 
mandatory and therefore would require repetitive tracking.
    Concerning FedEx's request for clarification, we infer that the 
commenter is wondering if, after revising its copy of the Airworthiness 
Limitation section, there are other required actions such as ensuring 
that the operator's maintenance program is updated to incorporate the 
actions specified in the revised Airworthiness Limitations. 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. Section 91.403(c) of the Federal Aviation 
Regulations (14 CFR 91.403(c)) specifies that 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 revised this AD in this regard.

Request To Reference Later Approved Revisions

    FedEx and UPS request that we refer to later approved revisions of 
the CMRs. FedEx notes that the CMRs seem to be revised regularly.
    We cannot use the phrase ``or later FAA-approved revisions'' in an 
AD when referring to the service document because doing so violates 
Office of the Federal Register (OFR) regulations for approval of 
materials ``incorporated by reference'' in rules. In general terms, we 
are required by these OFR regulations to either publish the service 
document contents as part of the actual AD language, or submit the 
service document to the OFR for approval as ``referenced'' material--in 
which case we may only refer to such material in the text of an AD. 
Since later approved revisions do not exist when the rule is issued, 
they cannot be submitted to the OFR for approval. To allow operators to 
use later revisions of the referenced document (issued after 
publication of the AD), either we must revise the AD to refer to 
specific later revisions, or operators must request approval to use 
later revisions as an alternative method of compliance with this AD 
under the provisions of paragraph (h) of this AD. We have not revised 
this AD in this regard.

Request To Revise the Instructions in Paragraph (f) of the NPRM

    UPS requests that we revise the instructions in paragraph (f) of 
the NPRM. UPS notes that paragraph (f) specifies to revise the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness. UPS states that this document is controlled by 
the manufacturer and cannot be revised by the operator. UPS concludes 
that operators cannot comply with this proposed requirement and 
suggests rewording the requirement to state, ``revise the Operators 
Maintenance Program.''
    We do not agree. The intent is to have all airworthiness 
limitations, regardless

[[Page 39309]]

whether imposed by original type certification or by later AD, located 
in one immediately recognizable document. In 1980, the FAA identified 
the Airworthiness Limitations section of the Instructions for Continued 
Airworthiness as the appropriate document. We consider that not having 
all airworthiness limitations in one document could lead to confusion 
as to what is or is not a mandatory maintenance action as identified in 
Federal Aviation Regulation, part 25, Appendix H, section H25.4. This 
is the basis of our requirement to have each operator maintain a 
current copy of the Airworthiness Limitations section. Each operator is 
provided with a copy of the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness and it is the operator's copy 
that this AD requires to be revised to incorporate the latest revisions 
provided by the manufacturer. We have not revised this AD in this 
regard.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                               Action                                   Work hours     Average  labor      Cost per        registered       Fleet cost
                                                                                       rate  per hour      airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revision of maintenance program....................................               1              $80              $80              203          $16,240
--------------------------------------------------------------------------------------------------------------------------------------------------------

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):

2007-14-05 Airbus: Amendment 39-15127. Docket No. FAA-2007-27154; 
Directorate Identifier 2006-NM-139-AD.

Effective Date

    (a) This AD becomes effective August 22, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A310 series airplanes 
and Model A300-600 series airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these actions 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, the operator may not be able to 
accomplish the inspections 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 (h) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1.

Unsafe Condition

    (d) This AD results from the manufacturer determining that 
additional and revised certification maintenance requirements are 
necessary in order to ensure continued operational safety of the 
affected airplanes. We are issuing this AD to prevent safety-
significant latent failures that would, in combination with one or 
more other specific failures or events, result in a hazardous or 
catastrophic failure condition of avionics, hydraulic systems, fire 
detection systems, fuel systems, or other critical systems.

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.

[[Page 39310]]

Revise the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness

    (f) Within three months after the effective date of this AD, 
revise the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness by incorporating Airbus A300-600 
Certification Maintenance Requirements (CMRs) AI/ST5/829/85, Issue 
12, dated February 2005 (for Model A300-600 series airplanes); or 
Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005 (for 
Model A310 series airplanes); as applicable. Accomplish the actions 
specified in the applicable CMRs at the intervals specified in the 
applicable CMRs, except as provided by paragraph (g) of this AD. 
Where the CMRs specify to contact the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), operators are 
required to contact the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, for such approvals. The actions 
must be accomplished in accordance with the applicable CMRs.

Transition/Grace Period for Maintenance Significant Item (MSI) 78.30.00 
Tasks

    (g) For tasks identified in MSI 78.30.00, ``Thrust Reverser 
Actuation and Cowling,'' of Section 2, ``CMR `Two Star' Tasks,'' of 
Airbus A300-600 CMR AI/ST5/829/85, Issue 12, dated February 2005; 
and Airbus A310 CMR AI/ST5/849/85, Issue 12, dated February 2005: 
The initial compliance time is within 2,000 flight cycles or 12 
months after the effective date of this AD, whichever occurs later. 
Thereafter, actions identified in MSI 78.30.00 must be accomplished 
within the repetitive interval specified in the applicable CMRs. 
Where the CMRs specify to contact the DGAC, operators are required 
to contact the Manager, International Branch, ANM-116, for such 
approvals. The actions must be accomplished in accordance with the 
applicable CMRs.

Alternative Methods of Compliance (AMOCs)

    (h)(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

    (i) French airworthiness directive F-2005-123, dated July 20, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Airbus A300-600 Certification Maintenance 
Requirements AI/ST5/829/85, Issue 12, dated February 2005; or Airbus 
A310 Certification Maintenance Requirements AI/ST5/849/85, Issue 12, 
dated February 2005; as applicable; 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on June 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-13322 Filed 7-17-07; 8:45 am]
BILLING CODE 4910-13-P