AD Amdt-39-16134

[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65398-65401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-29376]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1114; Directorate Identifier 2009-NM-157-AD; 
Amendment 39-16134; AD 2007-10-10 R1]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300-600 Series 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 A300-600 series 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 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 December 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 28, 
2009.
    On June 27, 2007 (72 FR 28827, May 23, 2007), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.
    We must receive any comments on this AD by January 25, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations">http://www.regulations</a>.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE.,

[[Page 65399]]

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: <a href="/cdn-cgi/l/email-protection#6f0e0c0c001a011b41530e4f071d0a0952" mailto:airworth-eas@airbus.com"><span class="__cf_email__" data-cfemail="90f1f9e2e7ffe2e4f8bdf5f1e3d0f1f9e2f2e5e3bef3fffd">[email&#160;protected]</span></a>">account.<a href="/cdn-cgi/l/email-protection#fe9f978c89918c8a96d39b9f8dbe9f978c9c8b8dd09d9193"><span class="__cf_email__" data-cfemail="13727a61647c61677b3e76726053727a617166603d707c7e">[email&#160;protected]</span></a></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations">http://www.regulations</a>. 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 7, 2007, we issued AD 2007-10-10, Amendment 39-15051 (72 FR 
28827, May 23, 2007). That AD applied to all Airbus Model A300-600 
series airplanes. That AD required revising the Airworthiness 
Limitations section (ALS) 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 ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2007-10-10 cites Airbus A300-600 Fuel Airworthiness Limitations, 
Document 95A.1929/05, Issue 1, dated December 19, 2005. Since we issued 
that AD, Airbus has revised the referenced service information and 
issued Airbus A300-600 Fuel Airworthiness Limitations, Document 
95A.1929/05, Issue 2, dated May 16, 2007. The revised service 
information clarifies the new limitations for fuel tank systems, but 
adds no new procedures. 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 AD

    The affected products 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 138 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 $22,080, 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-2009-1114; Directorate Identifier 2009-NM-157-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 <a href="http://www.regulations">http://www.regulations</a>.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

[[Page 65400]]

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 39-15051 (72 FR 
28827, May 23, 2007) and adding the following new AD:

AD 2007-10-10 R1 Airbus: Amendment 39-16134. Docket No. FAA-2009-
1114; Directorate Identifier 2009-NM-157-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 28, 
2009.

Affected ADs

    (b) This AD revises AD 2007-10-10, Amendment 39-15051.

Applicability

    (c) This AD applies to all Airbus Model A300-600 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.

Restatement of Requirements of AD 2007-10-10, With Revised Service 
Information:

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

    (f) Within 3 months after June 27, 2007 (the effective date of 
AD 2007-10-10), revise the ALS of the Instructions for Continued 
Airworthiness to incorporate Airbus A300-600 ALS Part 5--Fuel 
Airworthiness Limitations, dated May 31, 2006, as defined in Airbus 
A300-600 Fuel Airworthiness Limitations, Document 95A.1929/05, Issue 
1, dated December 19, 2005 (approved by the European Aviation Safety 
Agency (EASA) on March 13, 2006), Section 1, ``Maintenance/
Inspection Tasks'' (hereafter referred to as Section 1 of Issue 1 of 
Document 95A.1929/05); or Airbus A300-600 Fuel Airworthiness 
Limitations, Document 95A.1929/05, Issue 2, dated May 16, 2007, 
Section 1, ``Maintenance/Inspection Tasks'' (hereafter referred to 
as ``Section 1 of Issue 2 Document 95A.1929/05''). For all tasks 
identified in Section 1 of Issue 1 or Issue 2 of Document 95A.1929/
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 Issue 1 or Issue 2 of Document 
95A.1929/05, except as provided by paragraph (g) of this AD.
    (1) June 27, 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 (OIT) SE 999.0076/06, 
dated June 20, 2006, identifies the applicable sections of the 
Airbus A300-600 airplane maintenance manual necessary for 
accomplishing the tasks specified in Section 1 of Issue 1 or Issue 2 
of Document 95A.1929/05.

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

    (g) For Task 28-18-00-03-1, ``Operational check of lo-level/
underfull/calibration sensors,'' identified in Section 1 of Issue 1 
or Issue 2 of Document 95A.1929/05: 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 Issue 1 or Issue 2 of Document 
95A.1929/05.
    (1) Prior to the accumulation of 40,000 total flight hours.
    (2) Within 72 months or 20,000 flight hours after June 27, 2007, 
whichever occurs first.

Revise ALS To Incorporate CDCCLs

    (h) Within 12 months after June 27, 2007, revise the ALS of the 
Instructions for Continued Airworthiness to incorporate Airbus A300-
600 ALS Part 5--Fuel Airworthiness Limitations, dated May 31, 2006, 
as defined in Airbus A300-600 Fuel Airworthiness Limitations, 
Document 95A.1929/05, Issue 1, dated December 19, 2005 (approved by 
the EASA on March 13, 2006), Section 2, ``Critical Design 
Configuration Control Limitations''; or Airbus A300-600 Fuel 
Airworthiness Limitations, Document 95A.1929/05, Issue 2, dated May 
16, 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 airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraphs (f) and (h) 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) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures

[[Page 65401]]

found in 14 CFR 39.19. Send information to ATTN: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. 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. The AMOC 
approval letter must specifically reference this AD.

Related Information

    (k) European Aviation Safety Agency Airworthiness Directive 
2006-0201, dated July 11, 2006, also addresses the subject of this 
AD.

Material Incorporated by Reference

    (l) You must use the applicable service information contained in 
Table 1 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
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                Document                             Issue                                Date
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Airbus A300-600 ALS Part 5--Fuel          Original...................  May 31, 2006.
 Airworthiness Limitations.
Airbus A300-600 Fuel Airworthiness        1..........................  December 19, 2005.
 Limitations, Document 95A.1929/05.
Airbus A300-600 Fuel Airworthiness        2..........................  May 16, 2007.
 Limitations, Document 95A.1929/05.
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    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information contained in 
Table 2 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
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                Document                             Issue                                Date
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Airbus A300-600 Fuel Airworthiness        2..........................  May 16, 2007.
 Limitations, Document 95A.1929/05.
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    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 3 of this AD on June 27, 2007 (72 FR 28827, May 23, 2007).

                             Table 3--Material Previously Incorporated by Reference
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                Document                             Issue                                Date
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Airbus A300-600 ALS Part 5--Fuel          Original...................  May 31, 2006.
 Airworthiness Limitations.
Airbus A300-600 Fuel Airworthiness        1..........................  December 19, 2005.
 Limitations, Document 95A.1929/05.
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    (3) 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: <a href="/cdn-cgi/l/email-protection#8beae8e8e4fee5ffa5b7eaabe3f9eeedb6" mailto:airworth-eas@airbus.com"><span class="__cf_email__" data-cfemail="badbd3c8cdd5c8ced297dfdbc9fadbd3c8d8cfc994d9d5d7">[email&#160;protected]</span></a>">account.<a href="/cdn-cgi/l/email-protection#c5a4acb7b2aab7b1ade8a0a4b685a4acb7a7b0b6eba6aaa8"><span class="__cf_email__" data-cfemail="bcddd5cecbd3cec8d491d9ddcffcddd5cedec9cf92dfd3d1">[email&#160;protected]</span></a></a>; 
Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) 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.
    (5) 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on December 2, 2009.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-29376 Filed 12-9-09; 8:45 am]
BILLING CODE 4910-13-P