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35368 Federal Register / Vol. 72, No.

124 / Thursday, June 28, 2007 / Proposed Rules

Compliance DEPARTMENT OF TRANSPORTATION Examining the AD Docket


(e) You are responsible for having the You may examine the AD docket on
actions required by this AD performed within Federal Aviation Administration the Internet at http://dms.dot.gov; or in
the compliance times specified unless the person at the Docket Management
actions have already been done. 14 CFR Part 39 Facility between 9 a.m. and 5 p.m.,
Interim Action Monday through Friday, except Federal
[Docket No. FAA–2007–28379; Directorate
Identifier 2007–NM–077–AD]
holidays. The AD docket contains this
(f) These actions are interim actions due to
proposed AD, the regulatory evaluation,
the on-going investigation, and we may take
RIN 2120–AA64 any comments received, and other
further rulemaking actions in the future
information. The street address for the
based on the results of the investigation and
Airworthiness Directives; Airbus Model Docket Office (telephone (800) 647–
field experience.
A300 Series Airplanes 5227) is in the ADDRESSES section.
Engine ECU Software Removal Comments will be available in the AD
AGENCY: Federal Aviation docket shortly after receipt.
(g) Within 24 months after the effective
Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Tom
date of this AD, remove software version
8.4.E or older versions, from the engine ACTION: Notice of proposed rulemaking Stafford, Aerospace Engineer,
ECUs, part numbers 1797M63P01, (NPRM). International Branch, ANM–116, FAA,
1797M63P02, 1797M63P03, 1797M63P04, Transport Airplane Directorate, 1601
SUMMARY: We propose to adopt a new
1797M63P05, 1820M99P01, 1820M99P02, Lind Avenue, SW., Renton, Washington
airworthiness directive (AD) for the
1820M99P03, 1820M99P04, and 98057–3356; telephone (425) 227–1622;
products listed above. This proposed
1820M99P05. fax (425) 227–1149.
AD results from mandatory continuing
Previous Software Versions of ECU Software SUPPLEMENTARY INFORMATION:
airworthiness information (MCAI)
(h) You may use an ECU installed on an originated by an aviation authority of Streamlined Issuance of AD
engine with a software version of 8.4.E or another country to identify and correct
The FAA is implementing a new
older for no longer than 24 months after the an unsafe condition on an aviation
process for streamlining the issuance of
effective date of this AD. product. The MCAI describes the unsafe
ADs related to MCAI. This streamlined
(i) Once software version 8.4.E or older has condition as:
process will allow us to adopt MCAI
been removed and new FAA-approved [T]he FAA has published SFAR 88 (Special safety requirements in a more efficient
software version is installed in an ECU, Federal Aviation Regulation 88). * * * manner and will reduce safety risks to
reverting to version 8.4.E or older of ECU Under this regulation, all holders of type the public. This process continues to
software in that ECU is prohibited. certificates for passenger transport aircraft
* * * are required to conduct a design
follow all FAA AD issuance processes to
(j) After 24 months from the effective date
review against explosion risks. This meet legal, economic, Administrative
of this AD, use of an ECU with a software
Airworthiness Directive (AD), which renders Procedure Act, and Federal Register
version of 8.4.E or older is prohibited.
mandatory the modification of the fuel pump requirements. We also continue to meet
Alternative Methods of Compliance wiring against short circuit, is a consequence our technical decision-making
(k) The Manager, Engine Certification of this design review. responsibilities to identify and correct
Office, has the authority to approve The unsafe condition is chafing of the unsafe conditions on U.S.-certificated
alternative methods of compliance for this fuel pump cables, which could result in products.
AD if requested using the procedures found short circuits leading to fuel pump This proposed AD references the
in 14 CFR 39.19. failure, intermittent operation, arcing, MCAI and related service information
and possible fuel tank explosion. The that we considered in forming the
Special Flight Permits engineering basis to correct the unsafe
proposed AD would require actions that
(l) Special flight permits are not are intended to address the unsafe condition. The proposed AD contains
authorized.
condition described in the MCAI. text copied from the MCAI and for this
reason might not follow our plain
Related Information DATES: We must receive comments on
language principles.
(m) Information on removing ECU software this proposed AD by July 30, 2007.
and installing new software, which provides ADDRESSES: You may send comments by Comments Invited
increased margin to flameout, can be found any of the following methods: We invite you to send any written
in GE Service Bulletin No. CF6–80C2 S/B 73– • DOT Docket Web Site: Go to relevant data, views, or arguments about
0352 dated February 7, 2007. http://dms.dot.gov and follow the this proposed AD. Send your comments
(n) Contact John Golinski, Aerospace instructions for sending your comments to an address listed under the
Engineer, Engine Certification Office, FAA, electronically. ADDRESSES section. Include ‘‘Docket No.
Engine and Propeller Directorate, 12 New • Fax: (202) 493–2251. FAA–2007–28379; Directorate Identifier
England Executive Park, Burlington, MA • Mail: Docket Management Facility, 2007–NM–077–AD’’ at the beginning of
01803; email: john.golinski@faa.gov; U.S. Department of Transportation, 400 your comments. We specifically invite
telephone: (781) 238–7135, fax: (781) 238– Seventh Street, SW., Nassif Building, comments on the overall regulatory,
7199, for more information about this AD. Room PL–401, Washington, DC 20590– economic, environmental, and energy
Issued in Burlington, Massachusetts, on 0001. aspects of this proposed AD. We will
June 22, 2007. • Hand Delivery: Room PL–401 on consider all comments received by the
the plaza level of the Nassif Building,
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Francis A. Favara, closing date and may amend this


Manager, Engine and Propeller Directorate,
400 Seventh Street, SW., Washington, proposed AD based on those comments.
Aircraft Certification Service. DC, between 9 a.m. and 5 p.m., Monday We will post all comments we
through Friday, except Federal holidays. receive, without change, to http://
[FR Doc. E7–12490 Filed 6–27–07; 8:45 am]
• Federal eRulemaking Portal: http:// dms.dot.gov, including any personal
BILLING CODE 4910–13–P
www.regulations.gov. Follow the information you provide. We will also
instructions for submitting comments. post a report summarizing each

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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules 35369

substantive verbal contact we receive certificate (TC) and supplemental type FAA’s Determination and Requirements
about this proposed AD. certificate (STC)) holders to substantiate of This Proposed AD
Discussion that their fuel tank systems can prevent This product has been approved by
ignition sources in the fuel tanks. This the aviation authority of another
The European Aviation Safety Agency requirement applies to type design
(EASA), which is the Technical Agent country, and is approved for operation
holders for large turbine-powered in the United States. Pursuant to our
for the Member States of the European transport airplanes and for subsequent
Community, has issued EASA bilateral agreement with the State of
modifications to those airplanes. It Design Authority, we have been notified
Airworthiness Directive 2007–0066,
requires them to perform design reviews of the unsafe condition described in the
dated March 13, 2007 (referred to after
and to develop design changes and MCAI and service information
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products. maintenance procedures if their designs referenced above. We are proposing this
The MCAI states: do not meet the new fuel tank safety AD because we evaluated all pertinent
standards. As explained in the preamble information and determined an unsafe
[T]he FAA has published SFAR 88 (Special to the rule, we intended to adopt condition exists and is likely to exist or
Federal Aviation Regulation 88). In their develop on other products of the same
letters referenced 04/00/02/07/01–L296, airworthiness directives to mandate any
dated March 4th, 2002 and 04/00/02/07/03– changes found necessary to address type design.
L024, dated February 3rd, 2003, the JAA unsafe conditions identified as a result Differences Between This AD and the
(Joint Aviation Authorities) recommended of these reviews. MCAI or Service Information
the application of a similar regulation to the
National Aviation Authorities (NAA).
In evaluating these design reviews, we We have reviewed the MCAI and
Under this regulation, all holders of type have established four criteria intended related service information and, in
certificates for passenger transport aircraft to define the unsafe conditions general, agree with their substance. But
with either a passenger capacity of 30 or associated with fuel tank systems that we might have found it necessary to use
more, or a payload capacity of 7,500 pounds require corrective actions. The different words from those in the MCAI
(3402 kg) or more, which have received their percentage of operating time during to ensure the AD is clear for U.S.
certification since January 1st, 1958, are which fuel tanks are exposed to
required to conduct a design review against
operators and is enforceable. In making
explosion risks.
flammable conditions is one of these these changes, we do not intend to differ
This Airworthiness Directive (AD), which criteria. The other three criteria address substantively from the information
renders mandatory the modification of the the failure types under evaluation: provided in the MCAI and related
fuel pump wiring against short circuit, is a single failures, single failures in service information.
consequence of this design review. combination with a latent condition(s), We might also have proposed
Note: For A310 and A300–600 aircraft, and in-service failure experience. For all different actions in this AD from those
refer to [EASA] AD 2006–0284R1. [On March four criteria, the evaluations included in the MCAI in order to follow FAA
7, 2007, the FAA issued a corresponding consideration of previous actions taken policies. Any such differences are
NPRM for Model A310 and A300–600 that may mitigate the need for further highlighted in a NOTE within the
airplanes, which was published in the action. proposed AD.
Federal Register (72 FR 11302, March 13,
2007.)] The JAA has issued a regulation that Costs of Compliance
The unsafe condition is chafing of the is similar to SFAR 88. (The JAA is an Based on the service information, we
fuel pump cables, which could result in associated body of the European Civil estimate that this proposed AD would
short circuits leading to fuel pump Aviation Conference (ECAC) affect about 29 products of U.S. registry.
failure, intermittent operation, arcing, representing the civil aviation We also estimate that it would take
and possible fuel tank explosion. You regulatory authorities of a number of about 72 work-hours per product to
may obtain further information by European States who have agreed to co- comply with the basic requirements of
examining the MCAI in the AD docket. operate in developing and this proposed AD. The average labor
The FAA has examined the implementing common safety regulatory rate is $80 per work-hour. Required
underlying safety issues involved in fuel standards and procedures.) Under this parts would cost about $5,050 per
tank explosions on several large regulation, the JAA stated that all product. Where the service information
transport airplanes, including the members of the ECAC that hold type lists required parts costs that are
adequacy of existing regulations, the certificates for transport category covered under warranty, we have
service history of airplanes subject to airplanes are required to conduct a assumed that there will be no charge for
those regulations, and existing design review against explosion risks. these costs. As we do not control
maintenance practices for fuel tank We have determined that the actions warranty coverage for affected parties,
systems. As a result of those findings, identified in this AD are necessary to some parties may incur costs higher
we issued a regulation titled ‘‘Transport reduce the potential of ignition sources than estimated here. Based on these
Airplane Fuel Tank System Design inside fuel tanks, which, in combination figures, we estimate the cost of the
Review, Flammability Reduction and with flammable fuel vapors, could result proposed AD on U.S. operators to be
Maintenance and Inspection $313,490, or $10,810 per product.
in fuel tank explosions and consequent
Requirements’’ (66 FR 23086, May 7,
loss of the airplane. Authority for This Rulemaking
2001). In addition to new airworthiness
standards for transport airplanes and Relevant Service Information Title 49 of the United States Code
specifies the FAA’s authority to issue
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new maintenance requirements, this


rule included Special Federal Aviation Airbus has issued Service Bulletin rules on aviation safety. Subtitle I,
Regulation No. 88 (‘‘SFAR 88,’’ A300–24–0103, Revision 01, dated section 106, describes the authority of
Amendment 21–78, and subsequent January 11, 2007. The actions described the FAA Administrator. ‘‘Subtitle VII:
Amendments 21–82 and 21–83). in this service information are intended Aviation Programs,’’ describes in more
Among other actions, SFAR 88 to correct the unsafe condition detail the scope of the Agency’s
requires certain type design (i.e., type identified in the MCAI. authority.

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35370 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules

We are issuing this rulemaking under Affected ADs FAA AD Differences


the authority described in ‘‘Subtitle VII, (b) None.
Part A, Subpart III, Section 44701: Note: This AD differs from the MCAI and/
General requirements.’’ Under that Applicability or service information as follows: No
section, Congress charges the FAA with (c) This AD applies to Airbus Model A300 differences.
promoting safe flight of civil aircraft in series airplanes, all certified models, all
air commerce by prescribing regulations serial numbers, certificated in any category; Other FAA AD Provisions
for practices, methods, and procedures except Model A300–600 series airplanes; and
except those modified by Airbus Service (g) The following provisions also
the Administrator finds necessary for
safety in air commerce. This regulation Bulletin A300–24–0103, Revision 01, dated apply to this AD:
is within the scope of that authority January 11, 2007. (1) Alternative Methods of
because it addresses an unsafe condition Subject Compliance (AMOCs): The Manager,
that is likely to exist or develop on (d) Electrical Power.
International Branch, ANM–116,
products identified in this rulemaking Transport Airplane Directorate, FAA,
action. Reason has the authority to approve AMOCs for
Regulatory Findings (e) The mandatory continuing this AD, if requested using the
airworthiness information (MCAI) states: procedures found in 14 CFR 39.19. Send
We determined that this proposed AD [T]he FAA has published SFAR 88 (Special information to ATTN: Tom Stafford,
would not have federalism implications Federal Aviation Regulation 88). In their Aerospace Engineer, International
under Executive Order 13132. This letters referenced 04/00/02/07/01–L296, Branch, ANM–116, FAA, Transport
proposed AD would not have a dated March 4th, 2002 and 04/00/02/07/03– Airplane Directorate, 1601 Lind
substantial direct effect on the States, on L024, dated February 3rd, 2003, the JAA
Avenue, SW., Renton, Washington
the relationship between the national (Joint Aviation Authorities) recommended
Government and the States, or on the the application of a similar regulation to the
98057–3356; telephone (425) 227–1622;
distribution of power and National Aviation Authorities (NAA). fax (425) 227–1149. Before using any
responsibilities among the various Under this regulation, all holders of type approved AMOC on any airplane to
levels of government. certificates for passenger transport aircraft which the AMOC applies, notify your
For the reasons discussed above, I with either a passenger capacity of 30 or appropriate principal inspector (PI) in
certify this proposed regulation: more, or a payload capacity of 7,500 pounds the FAA Flight Standards District Office
1. Is not a ‘‘significant regulatory (3402 kg) or more, which have received their (FSDO), or lacking a PI, your local
action’’ under Executive Order 12866; certification since January 1st, 1958, are FSDO.
2. Is not a ‘‘significant rule’’ under the required to conduct a design review against
(2) Airworthy Product: For any
DOT Regulatory Policies and Procedures explosion risks.
This Airworthiness Directive (AD), which
requirement in this AD to obtain
(44 FR 11034, February 26, 1979); and corrective actions from a manufacturer
3. Will not have a significant renders mandatory the modification of the
fuel pump wiring against short circuit, is a or other source, use these actions if they
economic impact, positive or negative,
consequence of this design review. are FAA-approved. Corrective actions
on a substantial number of small entities
under the criteria of the Regulatory Note: For A310 and A300–600 aircraft, are considered FAA-approved if they
Flexibility Act. refer to [EASA] AD 2006–0284R1. [On March are approved by the State of Design
We prepared a regulatory evaluation 7, 2007, the FAA issued a corresponding Authority (or their delegated agent). You
of the estimated costs to comply with NPRM for Model A310 and A300–600 are required to assure the product is
this proposed AD and placed it in the airplanes, which was published in the airworthy before it is returned to
AD docket. Federal Register (72 FR 11302, March 13, service.
2007.)] (3) Reporting Requirements: For any
List of Subjects in 14 CFR Part 39
The unsafe condition is chafing of the reporting requirement in this AD, under
Air transportation, Aircraft, Aviation the provisions of the Paperwork
safety, Safety. fuel pump cables, which could result in
short circuits leading to fuel pump Reduction Act, the Office of
The Proposed Amendment failure, intermittent operation, arcing, Management and Budget (OMB) has
Accordingly, under the authority and possible fuel tank explosion. approved the information collection
delegated to me by the Administrator, requirements and has assigned OMB
Actions and Compliance Control Number 2120–0056.
the FAA proposes to amend 14 CFR part
39 as follows: (f) Within 31 months after the Related Information
effective date of this AD, unless already
PART 39—AIRWORTHINESS done, modify the inner and outer fuel (h) Refer to MCAI European Aviation
DIRECTIVES pumps wiring, route 1P and 2P Safety Agency (EASA) Airworthiness
1. The authority citation for part 39 harnesses in the LH (left-hand) wing Directive 2007–0066, dated March 13,
continues to read as follows: and in the RH (right-hand) wing, in 2007, and Airbus Service Bulletin
accordance with the Accomplishment A300–24–0103, Revision 01, dated
Authority: 49 U.S.C. 106(g), 40113, 44701.
Instructions of Airbus Service Bulletin January 11, 2007, for related
§ 39.13 [Amended] A300–24–0103, Revision 01, dated information.
2. The FAA amends § 39.13 by adding January 11, 2007. Actions done before
Issued in Renton, Washington, on June 21,
the effective date of this AD in
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the following new AD: 2007.


accordance with Airbus Service Bulletin
Airbus: Docket No. FAA–2007–28379; A300–24–0103, dated March 15, 2006, Ali Bahrami,
Directorate Identifier 2007–NM–077–AD. Manager, Transport Airplane Directorate,
for airplanes under configuration 1 as
Comments Due Date defined in the service bulletin, are Aircraft Certification Service.
(a) We must receive comments by July 30, acceptable for compliance with the [FR Doc. E7–12495 Filed 6–27–07; 8:45 am]
2007. requirements of this AD. BILLING CODE 4910–13–P

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