Airworthiness directives: Airbus,

[Federal Register: July 9, 2007 (Volume 72, Number 130)]

[Proposed Rules]

[Page 37122-37124]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jy07-8]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28599; Directorate Identifier 2007-NM-008-AD]

RIN 2120-AA64

Airworthiness Directives; Airbus Model A300-600 Series Airplanes

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

The aim of this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items (ALI) document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006.

The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. 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 August 8, 2007.

ADDRESSES: You may send comments by any of the following methods:

DOT Docket Web Site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.

Fax: (202) 493-2251.

Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.

Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Examining the AD Docket

You may examine the AD docket on the Internet at http://dms.dot.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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,

[[Page 37123]]

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:

Streamlined Issuance of AD

The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.

This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles.

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- 28599; Directorate Identifier 2007-NM-008-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 because of those comments.

We will post all comments we receive, without change, to http://dms.dot.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 2006-0374, dated December 15, 2006 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI describes the unsafe condition as:

The aim of this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items (ALI) document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006.

Issue 11 of this document (refer to the Summary of Changes chapter for more details) deals in particular with the introduction of new tasks and the reduction of threshold and interval of some ALI tasks.

Some other clarifications are also brought to some tasks like for example the access, the applicability period or the applicability.

This AD supersedes DGAC AD F-2004-153, as it was mandating A300- 600 ALI issue 9.

The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. Incorporating this revision into the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness is intended to ensure the continued structural integrity of these airplanes. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Airbus has issued A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 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 described in a NOTE within the proposed AD.

Costs of Compliance

Based on the service information, we estimate that this proposed AD would affect about 138 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $11,040, or $80 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 under the criteria of the Regulatory Flexibility Act.

    We prepared a regulatory evaluation of the estimated costs to comply with

    [[Page 37124]]

    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

  4. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

    Sec. 39.13 [Amended]

  5. The FAA amends Sec. 39.13 by adding the following new AD:

    Airbus: Docket No. FAA-2007-28599; Directorate Identifier 2007-NM- 008-AD.

    Comments Due Date

    (a) We must receive comments by August 8, 2007.

    Affected ADs

    (b) None.

    Applicability

    (c) This AD applies to Airbus Model A300-600 series airplanes, all certified models, all serial numbers, certificated in any category.

    Subject

    (d) Time Limits/Maintenance Checks.

    Reason

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

    The aim of this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items (ALI) document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006.

    Issue 11 of this document (refer to the Summary of Changes chapter for more details) deals in particular with the introduction of new tasks and the reduction of threshold and interval of some ALI tasks.

    Some other clarifications are also brought to some tasks like for example the access, the applicability period or the applicability.

    This AD supersedes DGAC AD F-2004-153, as it was mandating A300- 600 ALI issue 9.

    The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. Incorporating this revision into the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness is intended to ensure the continued structural integrity of these airplanes.

    Actions and Compliance

    (f) Unless already done, within 3 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006. The tolerance (grace period) for compliance (specified in paragraph 2 of Section B--Program Rules) with Issue 11 of the ALI is within 2,000 flight cycles after the effective date of this AD, provided that none of the following is exceeded:

    (1) Thresholds or intervals in the operator's current approved maintenance schedule that are taken from a previous ALI issue, if existing, and are higher than or equal to those given in Issue 11 of the ALI.

    (2) 8 months after the effective date of this AD.

    (3) 50 percent of the intervals given in Issue 11 of the ALI.

    (4) Any application tolerance given in the task description of Issue 11 of the ALI.

    FAA AD Differences

    Note: This AD differs from the MCAI and/or service information as follows: No differences.

    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, FAA, ATTN: Tom Stafford, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington; telephone (425) 227-1622; fax (425) 227-1149; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Before using any AMOC approved in accordance with Sec. 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

    (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.

    Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2006-0374, dated December 15, 2006, and Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006, for related information.

    Issued in Renton, Washington, on June 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.

    [FR Doc. E7-13211 Filed 7-6-07; 8:45 am]

    BILLING CODE 4910-13-P

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