Proposed Rule: Airworthiness Directives: Airbus

75145
Proposed Rules Federal Register

Vol. 71, No. 240
Thursday, December 14, 2006
This section of the FEDERAL REGISTER Seventh Street, SW., Nassif Building, p.m., Monday through Friday, except
contains notices to the public of the proposed Room PL–401, Washington, DC 20590. Federal holidays. The Docket
issuance of rules and regulations. The • Fax: (202) 493–2251. Management Facility office (telephone
purpose of these notices is to give interested • Hand Delivery: Room PL–401 on (800) 647–5227) is located on the plaza
persons an opportunity to participate in the the plaza level of the Nassif Building, level of the Nassif Building at the DOT
rule making prior to the adoption of the final
400 Seventh Street, SW., Washington, street address stated in the ADDRESSES
rules.
DC, between 9 a.m. and 5 p.m., Monday section. Comments will be available in
through Friday, except Federal holidays. the AD docket shortly after the Docket
DEPARTMENT OF TRANSPORTATION Contact Airbus, 1 Rond Point Maurice Management System receives them.
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this Discussion
Federal Aviation Administration
proposed AD. The FAA has examined the
14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Tom underlying safety issues involved in fuel
Stafford, Aerospace Engineer, tank explosions on several large
[Docket No. FAA–2006–26120; Directorate
Identifier 2006–NM–184–AD] International Branch, ANM–116, FAA, transport airplanes, including the
Transport Airplane Directorate, 1601 adequacy of existing regulations, the
RIN 2120–AA64 Lind Avenue, SW., Renton, Washington service history of airplanes subject to
98057–3356; telephone (425) 227–1622; those regulations, and existing
Airworthiness Directives; Airbus Model maintenance practices for fuel tank
fax (425) 227–1149.
A300 B4–600, B4–600R, and F4–600R systems. As a result of those findings,
Series Airplanes and Model C4–605R SUPPLEMENTARY INFORMATION:
we issued a regulation titled ‘‘Transport
Variant F Airplanes (Collectively Called Comments Invited Airplane Fuel Tank System Design
A300–600 Series Airplanes) Review, Flammability Reduction and
We invite you to submit any relevant
AGENCY: Federal Aviation written data, views, or arguments Maintenance and Inspection
Administration (FAA), Department of regarding this proposed AD. Send your Requirements’’ (66 FR 23086, May 7,
Transportation (DOT). comments to an address listed in the 2001). In addition to new airworthiness
ACTION: Notice of proposed rulemaking ADDRESSES section. Include the docket standards for transport airplanes and
(NPRM). number ‘‘FAA–2006–26120; Directorate new maintenance requirements, this
Identifier 2006-NM–184–AD’’ at the rule included Special Federal Aviation
SUMMARY: The FAA proposes to adopt a beginning of your comments. We Regulation No. 88 (‘‘SFAR 88,’’
new airworthiness directive (AD) for all specifically invite comments on the Amendment 21–78, and subsequent
Airbus Model A300–600 series overall regulatory, economic, Amendments 21–82 and 21–83).
airplanes. This proposed AD would environmental, and energy aspects of Among other actions, SFAR 88
require revising the Airworthiness the proposed AD. We will consider all requires certain type design (i.e., type
Limitations Section of the Instructions comments received by the closing date certificate (TC) and supplemental type
for Continued Airworthiness to and may amend the proposed AD in certificate (STC)) holders to substantiate
incorporate new limitations for fuel tank light of those comments. that their fuel tank systems can prevent
systems. This proposed AD results from We will post all comments we ignition sources in the fuel tanks. This
fuel system reviews conducted by the receive, without change, to http:// requirement applies to type design
manufacturer. We are proposing this AD dms.dot.gov, including any personal holders for large turbine-powered
to prevent the potential of ignition information you provide. We will also transport airplanes and for subsequent
sources inside fuel tanks, which, in post a report summarizing each modifications to those airplanes. It
combination with flammable fuel vapors substantive verbal contact with FAA requires them to perform design reviews
caused by latent failures, alterations, personnel concerning this proposed AD. and to develop design changes and
repairs, or maintenance actions, could Using the search function of that web maintenance procedures if their designs
result in fuel tank explosions and site, anyone can find and read the do not meet the new fuel tank safety
consequent loss of the airplane. comments in any of our dockets, standards. As explained in the preamble
DATES: We must receive comments on including the name of the individual to the rule, we intended to adopt
this proposed AD by January 16, 2007. who sent the comment (or signed the airworthiness directives to mandate any
ADDRESSES: Use one of the following comment on behalf of an association, changes found necessary to address
addresses to submit comments on this business, labor union, etc.). You may unsafe conditions identified as a result
proposed AD. review the DOT’s complete Privacy Act of these reviews.
• DOT Docket Web site: Go to http:// Statement in the Federal Register In evaluating these design reviews, we
dms.dot.gov and follow the instructions published on April 11, 2000 (65 FR have established four criteria intended
for sending your comments 19477–78), or you may visit http:// to define the unsafe conditions
electronically. dms.dot.gov. associated with fuel tank systems that
• Government-wide rulemaking Web require corrective actions. The
jlentini on PROD1PC65 with PROPOSAL
site: Go to http://www.regulations.gov Examining the Docket percentage of operating time during

and follow the instructions for sending You may examine the AD docket on which fuel tanks are exposed to
your comments electronically. the Internet at http://dms.dot.gov, or in flammable conditions is one of these
• Mail: Docket Management Facility, person at the Docket Management criteria. The other three criteria address
U.S. Department of Transportation, 400 Facility office between 9 a.m. and 5 the failure types under evaluation:
VerDate Aug<31>2005 17:28 Dec 13, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\14DEP1.SGM 14DEP1
75146 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules
single failures, single failures in to Airbus A300–600 Fuel Airworthiness proposed actions would take about 2
combination with a latent condition(s), Limitations, Document 95A.1929/05, work hours per airplane, at an average
and in-service failure experience. For all Issue 1, dated December 19, 2005 labor rate of $80 per work hour. Based
four criteria, the evaluations included (approved by the EASA on March 13, on these figures, the estimated cost of
consideration of previous actions taken 2006). Section 1, ‘‘Maintenance/ the proposed AD for U.S. operators is
that may mitigate the need for further Inspection Tasks,’’ of Document $22,080, or $160 per airplane.
action. 95A.1929/05 describes certain FAL
The Joint Aviation Authorities (JAA) inspections, which are periodic Authority for This Rulemaking
has issued a regulation that is similar to inspections of certain features for latent Title 49 of the United States Code
SFAR 88. (The JAA is an associated failures that could contribute to an specifies the FAA’s authority to issue
body of the European Civil Aviation ignition source. Section 2, ‘‘Critical rules on aviation safety. Subtitle I,
Conference (ECAC) representing the Design Configuration Control Section 106, describes the authority of
civil aviation regulatory authorities of a Limitations,’’ of Document 95A.1929/05 the FAA Administrator. Subtitle VII,
number of European States who have identifies critical design configuration Aviation Programs, describes in more
agreed to co-operate in developing and control limitations (CDCCLs). A CDCCL detail the scope of the Agency’s
implementing common safety regulatory is a limitation requirement to preserve authority.
standards and procedures.) Under this a critical ignition source prevention We are issuing this rulemaking under
regulation, the JAA stated that all feature of the fuel tank system design the authority described in Subtitle VII,
members of the ECAC that hold type that is necessary to prevent the Part A, Subpart III, Section 44701,
certificates for transport category occurrence of an unsafe condition. The ‘‘General requirements.’’ Under that
airplanes are required to conduct a purpose of a CDCCL is to provide section, Congress charges the FAA with
design review against explosion risks. instruction to retain the critical ignition promoting safe flight of civil aircraft in
We have determined that the actions source prevention feature during air commerce by prescribing regulations
identified in this AD are necessary to configuration change that may be for practices, methods, and procedures
reduce the potential of ignition sources caused by alterations, repairs, or the Administrator finds necessary for
inside fuel tanks, which, in combination maintenance actions. A CDCCL is not a safety in air commerce. This regulation
with flammable fuel vapors, could result periodic inspection. is within the scope of that authority
in fuel tank explosions and consequent Accomplishing the actions specified because it addresses an unsafe condition
loss of the airplane. in the service information is intended to that is likely to exist or develop on
The European Aviation Safety Agency adequately address the unsafe products identified in this rulemaking
(EASA), which is the airworthiness condition. The EASA mandated the action.
authority for the European Union, service information and issued
notified us that an unsafe condition may airworthiness directive 2006–0201, Regulatory Findings
exist on all Airbus Model A300 B4–600, dated July 11, 2006, to ensure the We have determined that this
B4–600R, and F4–600R series airplanes continued airworthiness of these proposed AD would not have federalism
and Model C4–605R Variant F airplanes airplanes in the European Union. implications under Executive Order
(collectively called A300–600 series 13132. This proposed AD would not
airplanes). The EASA advises that FAA’s Determination and Requirements
have a substantial direct effect on the
Airbus has issued new fuel of the Proposed AD
States, on the relationship between the
airworthiness limitations (FALs) to These airplane models are national Government and the States, or
address failure conditions for which an manufactured in France and are type on the distribution of power and
unacceptable probability of ignition risk certificated for operation in the United responsibilities among the various
could exist if specific tasks or practices States under the provisions of section levels of government.
or both are not performed in accordance 21.29 of the Federal Aviation For the reasons discussed above, I
with the manufacturer’s requirements. Regulations (14 CFR 21.29) and the certify that the proposed regulation:
The new FALs are intended to satisfy applicable bilateral airworthiness 1. Is not a ‘‘significant regulatory
the JAA’s Interim Policy of Fuel Tank agreement. As described in FAA Order action’’ under Executive Order 12866;
Safety and SFAR 88 requirements. 8100.14A, ‘‘Interim Procedures for 2. Is not a ‘‘significant rule’’ under the
Relevant Service Information Working with the European Community DOT Regulatory Policies and Procedures
on Airworthiness Certification and (44 FR 11034, February 26, 1979); and
Airbus has issued A300–600 ALS— Continued Airworthiness,’’ dated 3. Will not have a significant
Airworthiness Limitations Section, August 12, 2005, the EASA has kept the economic impact, positive or negative,
dated May 31, 2006, which is a FAA informed of the situation described on a substantial number of small entities
repository for stand-alone documents above. We have examined the EASA’s under the criteria of the Regulatory
that are approved independently from findings, evaluated all pertinent Flexibility Act.
each other. The Airbus A300–600 ALS information, and determined that we We prepared a regulatory evaluation
comprises the following documents: need to issue an AD for airplanes of this of the estimated costs to comply with
• ALS Part 1—Safe Life Airworthiness type design that are certificated for this proposed AD and placed it in the
Limitation Items operation in the United States. AD docket. See the ADDRESSES section
• ALS Part 2—Damage-Tolerant Therefore, we are proposing this AD, for a location to examine the regulatory
Airworthiness Limitation Items which would require revising the evaluation.
• ALS Part 3—Certification Airworthiness Limitations Section of
Maintenance Requirements the Instructions for Continued List of Subjects in 14 CFR Part 39
• ALS Part 4—Aging Systems
Airworthiness to incorporate new Air transportation, Aircraft, Aviation

Maintenance limitations for fuel tank systems. safety, Safety.
• ALS Part 5—Fuel Airworthiness
Limitations Costs of Compliance The Proposed Amendment
ALS Part 5—Fuel Airworthiness This proposed AD would affect about Accordingly, under the authority
Limitations, dated May 31, 2006, refers 138 airplanes of U.S. registry. The delegated to me by the Administrator,
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75147
the FAA proposes to amend 14 CFR part Revise Airworthiness Limitations Section Related Information
39 as follows: (ALS) To Incorporate Fuel Maintenance and (k) EASA airworthiness directive 2006–
Inspection Tasks 0201, dated July 11, 2006, also addresses the
PART 39—AIRWORTHINESS (f) Within 3 months after the effective date subject of this AD.
DIRECTIVES of this AD, revise the ALS of the Instructions Issued in Renton, Washington, on October
for Continued Airworthiness to incorporate 17, 2006.
1. The authority citation for part 39 Airbus A300–600 ALS Part 5—Fuel
Airworthiness Limitations, dated May 31, Jeffrey E. Duven,
continues to read as follows: Acting Manager, Transport Airplane
2006, as defined in Airbus A300–600 Fuel
Authority: 49 U.S.C. 106(g), 40113, 44701. Airworthiness Limitations, Document Directorate, Aircraft Certification Service.
95A.1929/05, Issue 1, dated December 19, [FR Doc. E6–21262 Filed 12–13–06; 8:45 am]
§ 39.13 [Amended] 2005 (approved by the European Aviation BILLING CODE 4910–13–P
Safety Agency (EASA) on March 13, 2006),
2. The Federal Aviation Section 1, ‘‘Maintenance/Inspection Tasks.’’
Administration (FAA) amends § 39.13 For all tasks identified in Section 1 of
by adding the following new Document 95A.1929/05, the initial DEPARTMENT OF HEALTH AND
airworthiness directive (AD): compliance times start from the effective date HUMAN SERVICES
of this AD and must be accomplished within
Airbus: Docket No. FAA–2006–26120;
the repetitive interval specified in Section 1 Food and Drug Administration
Directorate Identifier 2006–NM–184–AD. of Document 95A.1929/05, except as
Comments Due Date provided by paragraph (g) of this AD. 21 CFR Part 312
(a) The FAA must receive comments on Initial Compliance Time for Task 28–18–00– [Docket No. 2006N–0062]
this AD action by January 16, 2007. 03–1
(g) For Task 28–18–00–03–1, ‘‘Operational RIN 0910–AF14
Affected ADs
check of lo-level/underfull/calibration
(b) None. sensors,’’ identified in Section 1, Expanded Access to Investigational
‘‘Maintenance/Inspection Tasks,’’ of Airbus Drugs for Treatment Use
Applicability A300–600 Fuel Airworthiness Limitations,
(c) This AD applies to all Airbus Model Document 95A.1929/05, Issue 1, dated AGENCY: Food and Drug Administration,
A300 B4–601, B4–603, B4–620, and B4–622 December 19, 2005: The initial compliance HHS.
airplanes; Model A300 B4–605R and B4– time is the later of the times specified in ACTION: Proposed rule.
622R airplanes; Model A300 F4–605R and paragraphs (g)(1) and (g)(2) of this AD.
Thereafter, Task 28–18–00–03–1 must be SUMMARY: The Food and Drug
F4–622R airplanes; and Model A300 C4–
accomplished within the repetitive interval Administration (FDA) is proposing to
605R Variant F airplanes; certificated in any
specified in Section 1 of Document amend its regulations on access to
category. 95A.1929/05. investigational new drugs for the
Note 1: This AD requires revisions to (1) Prior to the accumulation of 34,000 treatment of patients. The proposed rule
certain operator maintenance documents to total flight hours.
(2) Within 72 months or 20,000 flight hours
would clarify existing regulations and
include new inspections and critical design add new types of expanded access for
configuration control limitations (CDCCLs). after the effective date of this AD, whichever
occurs first. treatment use. Under the proposal,
Compliance with the operator maintenance expanded access to investigational
documents is required by 14 CFR 91.403(c). Revise ALS To Incorporate CDCCLs drugs for treatment use would be
For airplanes that have been previously (h) Within 12 months after the effective available to individual patients,
modified, altered, or repaired in the areas date of this AD, revise the ALS of the including in emergencies; intermediate-
addressed by these inspections and CDCCLs, Instructions for Continued Airworthiness to
the operator may not be able to accomplish
size patient populations; and larger
incorporate Airbus A300–600 ALS Part 5—
the inspections and CDCCLs described in the Fuel Airworthiness Limitations, dated May populations under a treatment protocol
revisions. In this situation, to comply with 14 31, 2006, as defined in Airbus A300–600 or treatment investigational new drug
CFR 91.403(c), the operator must request Fuel Airworthiness Limitations, Document application (IND). The proposed rule is
approval for an alternative method of 95A.1929/05, Issue 1, dated December 19, intended to improve access to
compliance according to paragraph (j) of this 2005 (approved by the EASA on March 13, investigational drugs for patients with
AD. The request should include a description 2006), Section 2, ‘‘Critical Design serious or immediately life-threatening
Configuration Control Limitations.’’ diseases or conditions, who lack other
of changes to the required inspections and
CDCCLs that will preserve the critical No Alternative Inspections, Inspection therapeutic options and who may
ignition source prevention feature of the Intervals, or CDCCLs benefit from such therapies.
affected fuel system. (i) Except as provided by paragraph (j) of DATES: Submit written or electronic
this AD: After accomplishing the actions comments by March 14, 2007. Submit
Unsafe Condition specified in paragraphs (f) and (h) of this AD, written comments on the information
(d) This AD results from fuel system no alternative inspections, inspection collection requirements by January 16,
reviews conducted by the manufacturer. We intervals, or CDCCLs may be used. 2007.
are issuing this AD to prevent the potential Alternative Methods of Compliance ADDRESSES: You may submit comments,
of ignition sources inside fuel tanks, which, (AMOCs)
in combination with flammable fuel vapors identified by Docket No. 2006N–0062
(j)(1) The Manager, International Branch, and RIN 0910–AF14, by any of the
caused by latent failures, alterations, repairs, ANM–116, Transport Airplane Directorate,
or maintenance actions, could result in fuel following methods:
FAA, has the authority to approve AMOCs Electronic Submissions
tank explosions and consequent loss of the for this AD, if requested in accordance with
airplane. Submit electronic comments in the
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in following ways:

Compliance
accordance with § 39.19 on any airplane to • Federal eRulemaking Portal: http://
(e) You are responsible for having the which the AMOC applies, notify the www.regulations.gov. Follow the
actions required by this AD performed within appropriate principal inspector in the FAA instructions for submitting comments.
the compliance times specified, unless the Flight Standards Certificate Holding District • Agency Web site: http://
actions have already been done. Office. www.fda.gov/dockets/ecomments.

Proposed Rule: Airworthiness Directives: Airbus

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75145

Proposed Rules Federal Register

Thursday, December 14, 2006

site: Go to http://www.regulations.gov Examining the Docket percentage of operating time during

Airworthiness to incorporate new Air transportation, Aircraft, Aviation

(2) Before using any AMOC approved in following ways:

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