[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Proposed Rules]
[Pages 26962-26967]
[FR Doc No: 2011-11335]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0389; Directorate Identifier 2007-NM-189-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B2-1C, A300 B2-203,
A300 B2K-3C, A300-B4-103, A300 B4-203, and A300 B4-2C Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated 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:

* * * [C]racks * * * in sections 13 to 18 of the fuselage between
rivets of longitudinal lap joints between frames 18 and 80 which
could affect the structural integrity of the fuselage if not
corrected.

* * * * *
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 June 24, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed 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<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced 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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
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 Operations office (telephone<PHONE_NUMBER>) 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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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-2011-0389;
Directorate Identifier 2007-NM-189-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.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

    On December 20, 1989, we issued AD 90-01-10, Amendment 39-6448 (55
FR 261, January 4, 1990). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 90-01-10, Airbus has refined the inspection
program for cracking at areas of the fuselage defined in AD 90-01-10 as
``special areas'' (paragraph A.1. of AD 90-01-10), ``standard areas''
(paragraph A.2. of AD 90-01-10), and ``modified or repaired areas''
(paragraph A.3. of AD 90-01-10). The new inspection program is designed
to allow airplanes to reach their limit of validity (LOV). Certain
compliance times are reduced and certain other compliance times are
extended.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0091, dated April 10, 2007, and corrected
June 23, 2008 (referred to after this as ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

This Airworthiness Directive (AD) is issued in order to prevent
cracks development in sections 13 to 18 of the fuselage between
rivets of longitudinal lap joints between frames 18 and 80 which
could affect the structural integrity of the fuselage if not
corrected.
    This new AD:
    --Retains the requirements of DGAC AD 1989-061-092(B)R4 [which
corresponds to FAA AD 90-01-10], which is cancelled;
    --Takes into account a new inspection program as detailed in
AIRBUS Service Bulletins (SB) A300-53-0211 Revision 7, which will
allow A300 aircraft to reach the Limit of Validity (LOV).
    This AD has been republished to correctly refer to SB A300-53-
0211 in Note 2 of the Compliance section.

The inspection program consists of repetitive detailed inspections for
disbonding and cracking of the fuselage inner doubler; eddy current and
ultrasonic inspections of the fuselage longitudinal lap joints for
cracking; and repair if necessary (i.e., repairing any cracking or
disbonding, or contacting Airbus for repair instructions and doing the
repair). You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A300-53-229, Revision 5, dated
April 8,

1997; and Mandatory Service Bulletin A300-53-0211, Revision 07, dated
December 1, 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
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 5 products of U.S. registry.
    We estimate that it would take about 3,735 work-hours per product
to comply with the new basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be
$1,587,375, or $317,475 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 this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, 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

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-6448 (55 FR
261, January 4, 1990) and adding the following new AD:

Airbus: Docket No. FAA-2011-0389; Directorate Identifier 2007-NM-
189-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2011.

Affected ADs

    (b) This AD supersedes AD 90-01-10, Amendment 39-6448.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1C, A300 B2-203,
A300 B2K-3C, A300-B4-103, A300 B4-203, and A300 B4-2C airplanes;
certificated in any category; serial numbers 0003 through 0156
inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    This Airworthiness Directive (AD) is issued in order to prevent
cracks development in sections 13 to 18 of the fuselage between
rivets of longitudinal lap joints between frames 18 and 80 which
could affect the structural integrity of the fuselage if not
corrected.
    This new AD:
    --Retains the requirements of DGAC AD 1989-061-092(B)R4[which
corresponds to FAA AD 90-10-10], which is cancelled;
    --Takes into account a new inspection program as detailed in
AIRBUS Service Bulletins (SB) A300-53-0211 Revision 7, which will
allow A300 aircraft to reach the Limit of Validity (LOV).
    This AD has been republished to correctly refer to SB A300-53-
0211 in Note 2 of the Compliance section.

The inspection program consists of repetitive detailed inspections
for disbonding and cracking of the fuselage inner doubler; eddy
current and ultrasonic inspections of the fuselage longitudinal lap
joints for cracking; and repair if necessary (i.e., repairing any
cracking or disbonding, or contacting Airbus for repair instructions
and doing the repair).

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Repetitive Inspections of ``Special Areas'' and Repair or Modification
if Necessary

    (g) For airplanes on which an eddy current inspection of the
``special'' areas of the longitudinal lap joints has not been done
as of the effective date of this AD in accordance with Airbus
Mandatory Service Bulletin A300-53-0211: Prior to the accumulation
of 24,000 total flight cycles, or within 2,000 flight cycles after
the effective date of this AD, whichever occurs later; do an eddy
current inspection for cracking of the ``special'' areas of the
longitudinal lap joints, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A300-53-0211,
Revision 07, dated December 1, 2006. If no cracking is found, repeat
the inspection thereafter at the applicable intervals specified in
Table 1 of this AD. If any crack is found during any inspection
required by this paragraph, repair or modify before further flight,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-53-

0211, Revision 07, dated December 1, 2006; and do the applicable
inspection of the repaired or modified area in accordance with
paragraph (k) of this AD. ``Special'' areas of the longitudinal lap
joints are defined in Airbus Mandatory Service Bulletin A300-53-
0211, Revision 07, dated December 1, 2006.

    Table 1--Repetitive Intervals for Inspecting Special Areas of the
                         Longitudinal Lap Joints
------------------------------------------------------------------------
                                 Inspect special     Repeat at intervals
       For airplanes--               area--            not to exceed--
------------------------------------------------------------------------
All.........................  STGR5 LH and RH       3,600 flight cycles
                               (FR54 through FR58).
All.........................  STGR22 LH and RH      2,700 flight cycles
                               (FR26 through FR40).
All.........................  STGR22 RH (FR58       3,000 flight cycles
                               through FR65).
All.........................  STGR31 LH/RH (FR26    3,000 flight cycles
                               through FR39).
MSN 003.....................  STGR31 LH/RH (FR54    3,600 flight cycles
                               through FR58).
------------------------------------------------------------------------

     (h) For airplanes on which an eddy current inspection of the
``special'' areas of the longitudinal lap joints has been done
before the effective date of this AD in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-53-0211; except for airplanes on which a repair or modification
of the ``special'' areas has been done in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-53-0211: Do the next inspection of the ``special'' areas of the
longitudinal lap joints at the earlier of the times specified in
paragraphs (h)(1) and (h)(2) of this AD, in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-53-0211, Revision 07, dated December 1, 2006. If no cracking is
found, repeat the inspection thereafter at the applicable intervals
specified in Table 2 of this AD. If any crack is found during any
inspection required by this paragraph, repair or modify before
further flight, in accordance with the Accomplishment Instructions
of Airbus Mandatory Service Bulletin A300-53-0211, Revision 07,
dated December 1, 2006, and do the applicable inspection of the
repaired or modified area in accordance with paragraph (k) of this
AD. ``Special'' areas of the longitudinal lap joints are defined in
Airbus Mandatory Service Bulletin A300-53-0211, Revision 07, dated
December 1, 2006.
    (1) Within 6,000 flight cycles after doing the last inspection
of the ``special'' areas of the longitudinal lap joints, in
accordance with Airbus Mandatory Service Bulletin A300-53-0211.
    (2) Within the applicable intervals specified in Table 2 of this
AD, or within 60 days after the effective date of this AD, whichever
occurs later.

    Table 2--Repetitive Intervals for Inspecting Special Areas of the
                         Longitudinal Lap Joints
------------------------------------------------------------------------
                                 Inspect special     Repeat at intervals
       For airplanes--               area--            not to exceed--
------------------------------------------------------------------------
All.........................  STGR5 LH and RH       3,600 flight cycles
                               (FR54 through FR58).
All.........................  STGR22 LH and RH      2,700 flight cycles
                               (FR26 through FR40).
All.........................  STGR22 RH (FR58       3,000 flight cycles
                               through FR65).
All.........................  STGR31 LH/RH (FR26    3,000 flight cycles
                               through FR39).
MSN 003.....................  STGR31 LH/RH (FR54    3,600 flight cycles
                               through FR58).
------------------------------------------------------------------------

Repetitive Inspections of ``Standard Areas'' and Repair or Modification
If Necessary

    (i) For airplanes on which an eddy current inspection of the
``standard'' areas of the longitudinal lap joints has not been done
before the effective date of this AD in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-53-0211: At the applicable time specified in Tables 3 and 4 of
this AD, do an eddy current inspection for cracking of the
longitudinal lap joints in the ``standard'' areas, in accordance
with the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A300-53-0211, Revision 07, dated December 1, 2006. Repeat
the inspection thereafter at the applicable intervals specified in
Tables 3 and 4 of this AD. If any crack is found during any
inspection required by this paragraph, repair or modify before
further flight, in accordance with the Accomplishment Instructions
of Airbus Mandatory Service Bulletin A300-53-0211, Revision 07,
dated December 1, 2006, and do the applicable inspection of the
applicable area specified in Tables 3 and 4 of this AD. ``Standard''
areas of the longitudinal lap joints are defined in Airbus Mandatory
Service Bulletin A300-53-0211, Revision 07, dated December 1, 2006.

Table 3--Initial Compliance Times and Repetitive Intervals for Inspecting Standard Areas of the Longitudinal Lap
                                                     Joints
----------------------------------------------------------------------------------------------------------------
                                      Before the accumulation                               Repeat at intervals
          For airplanes--                      of--              Inspect standard area--      not to exceed--
----------------------------------------------------------------------------------------------------------------
All...............................  32,000 total flight cycles  STGR5, 13, 22 LH and RH,   3,600 flight cycles
                                                                 STGR31 LH (FR18 through
                                                                 FR26).
All...............................  32,000 total flight cycles  STGR27 RH, STGR39 RH       8,000 flight cycles
                                                                 (FR18 through FR20A,
                                                                 FR25A, FR26).
All...............................  32,000 total flight cycles  STGR43 LH, STGR46 RH,      5,700 flight cycles
                                                                 STGR51 LH (FR19 through
                                                                 FR26).
All...............................  32,000 total flight cycles  STGR5 LH/RH (FR26 through  3,000 flight cycles
                                                                 FR40) STGR11 LH/RH (FR27
                                                                 through FR32) STGR13 LH/
                                                                 RH (FR 26 through FR28,
                                                                 FR31 through FR40)
                                                                 STGR27 LH/RH (FR 27
                                                                 through FR32) STGR43 LH/
                                                                 RH (FR 26 through FR39)
                                                                 STGR49 RH (FR26 through
                                                                 FR39).
All...............................  32,000 total flight cycles  STGR47 LH (FR26 through    5,700
                                                                 FR39).

All...............................  32,000 total flight cycles  STGR5, 13, 22 LH/RH (FR40  5,000
                                                                 through FR54).
All except MSN 0003...............  32,000 total flight cycles  STGR13, 44, 52 LH/RH       3,600
                                                                 (FR54 through FR58)
                                                                 STGR22 LH/RH (FR54,
                                                                 FR55) STGR31 LH/RH (FR54
                                                                 through FR58).
----------------------------------------------------------------------------------------------------------------

     (j) For airplanes on which an eddy current inspection of the
``standard'' areas of the longitudinal lap joints has been done as
of the effective date of this AD in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A300-53-0211; except for airplanes on which a repair or modification
of the ``standard areas'' has been done in accordance with Airbus
Mandatory Service Bulletin A300-53-0211: Do the next inspection of
the ``standard'' areas of the longitudinal lap joints at the earlier
of the times specified in paragraphs (j)(1) and (j)(2) of this AD,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-53-0211, Revision 07, dated December
1, 2006. Thereafter, if no cracking is found, repeat the inspection
at the applicable intervals specified in Tables 3 and 4 of this AD.
If any crack is found during any inspection required by this
paragraph, repair or modify before further flight, in accordance
with the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A300-53-0211, Revision 07, dated December 1, 2006, and do
the applicable inspection of the repaired or modified area in
accordance with paragraph (k) of this AD. ``Standard'' areas of the
longitudinal lap joints are defined in Airbus Mandatory Service
Bulletin A300-53-0211, Revision 07, dated December 1, 2006.

   Table 4--Initial Compliance Times and Repetitive Intervals for Inspecting Additional Standard Areas of the
                                             Longitudinal Lap Joints
----------------------------------------------------------------------------------------------------------------
                                      Before the accumulation                               Repeat at intervals
          For airplanes--                      of--              Inspect standard area--      not to exceed--
----------------------------------------------------------------------------------------------------------------
Pre-Mod 1398......................  32,000 total flight cycles  STGR5, 13 LH/RH 22 LH      2,700 flight cycles
                                                                 (FR58 through FR65)
                                                                 STGR31 LH (FR58 through
                                                                 FR72) STGR31 RH (FR65
                                                                 through FR72).
All...............................  32,000 total flight cycles  STGR27 RH, STGR39 RH       8,000 flight cycles
                                                                 (FR58, FR59A, FR63A
                                                                 through FR65).
Post-Mod 1398.....................  32,000 total flight cycles  STGR5, 13 LH/RH 22 LH      3,000 flight cycles
                                                                 (FR58 through FR65)
                                                                 STGR31 LH (FR58 through
                                                                 FR72) STGR 31 RH (FR65
                                                                 through FR72).
Pre-Mod 1398......................  32,000 total flight cycles  STGR5, 13, 22 LH/RH (FR65  2,300 flight cycles
                                                                 through FR72).
Post-Mod 1398.....................  32,000 total flight cycles  STGR5, 13, 22 LH/RH (FR65  3,000 flight cycles
                                                                 through FR72).
All...............................  32,000 total flight cycles  STGR44 LH (FR58 through    3,000 flight cycles
                                                                 FR72) STGR52 LH/RH (FR58
                                                                 through FR65) STGR47 RH
                                                                 (FR58 through FR72)
                                                                 STGR57 LH (FR65 through
                                                                 FR72).
All...............................  24,000 total flight cycles  STGR22 RH (FR58 through    3,000 flight cycles
                                                                 FR65).
All...............................  32,000 total flight cycles  STGR6 LH/RH (FR72 through  3,000 flight cycles
                                                                 FR80) STGR24 LH/RH (FR76
                                                                 through FR80).
All...............................  32,000 total flight cycles  STRG17 LH/RH (FR76         5,700 flight cycles
                                                                 through FR80) STGR29 LH/
                                                                 RH (FR72 through FR76).
                                                                STGR35 LH/RH (FR72
                                                                 through FR80).
All...............................  27,000 total flight cycles  STGR51 LH/RH (FR72         5,700 flight cycles
                                                                 through FR80).
----------------------------------------------------------------------------------------------------------------

     (1) Within the applicable time in paragraph (j)(1)(i) or
(j)(1)(ii) of this AD after doing the last inspection of the
``standard'' areas of the longitudinal lap joints in accordance with
Airbus Mandatory Service Bulletin A300-53-0211.
    (i) For longitudinal lap joints with bonded doublers: 6,000
flight cycles.
    (ii) For longitudinal lap joints without bonded doublers: 8,000
flight cycles.
    (2) Within the applicable time specified in Tables 3 or 4 of
this AD, or within 60 days after the effective date of this AD,
whichever occurs later.

Post-Repair or Modification Inspections and Repair or Modification if
Necessary

    (k) For airplanes on which a repair or modification has been
done in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-53-0211: At the applicable initial
inspection time specified in Table 5 of this AD, do an eddy current
inspection for cracking of the repaired or modified areas, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A300-53-0211, Revision 07, dated December 1, 2006.
If no cracking is found, repeat the inspection thereafter at the
applicable intervals specified

in Table 5 of this AD. If any crack is found during any inspection
required by this paragraph, repair or modify before further flight,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-53-0211, Revision 07, dated December
1, 2006.

                              Table 5--Post-Repair or Modification Compliance Time
----------------------------------------------------------------------------------------------------------------
 Repair or retrofit solution/area--as
    identified in airbus mandatory        Initial inspection after     Follow-up inspections at intervals not to
    service bulletin A300-53-0211           repair or retrofit--                       exceed--
----------------------------------------------------------------------------------------------------------------
Repair 1: (Without cut out) also       Skin/doubler thickness.......  1,000 flight cycles.
 applicable to the solution with        < 1 inch: 10,000
 removed inner doubler.                 flight cycles after repair.
                                        = 1 inch   2,000 flight cycles.
                                        and < 2 inch: 30,000 flight
                                        cycles after repair.
                                        = 2 inch:  6,400 flight cycles.
                                        60,000 flight cycles after
                                        repair.
Repair 4 (With cut out)..............  Within 32,000 flight cycles    5,000 flight cycles.
                                        after repair.
Repair 4A (With cut out).............  Within 24,000 flight cycles    5,300 flight cycles.
                                        after repair.
Repair 7 (MSN 0095 at STGR52 LH in     Within 37,000 flight cycles    12,000 flight cycles.
 Section 16).                           after repair.
Repair 9 (MSN 0073 and 0095 STGR44 LH/ Within 36,000 flight cycles    5,000 flight cycles.
 RH in Sections 16 and 17).             after repair.
Repair 10 (Post-repair inspections in  Within 20,000 flight cycles    11,000 flight cycles.
 Figure 13).                            after repair.
Repair 2 (With cut out)..............  Within 24,000 flight cycles    5,300 flight cycles.
                                        after repair.
Repair 3 (Without cut out)...........  Within 24,000 flight cycles    5,300 flight cycles.
                                        after repair.
Retrofit 1 (Retrofit lap joint)......  Within 32,000 flight cycles    5,000 flight cycles.
                                        after retrofit.
Retrofit 2 Retrofit lower shell (4     Within 32,000 flight cycles    3,000 flight cycles.
 panel solution) STGR43 LH (FR26        after retrofit.
 through FR39), STGR43 RH (FR26
 through FR38), and STGR49 RH (FR26
 through FR38).
Retrofit 2 Retrofit lower shell (4     Within 32,000 flight cycles    5,700 flight cycles.
 panel solution) STGR 46 RH (FR19       after retrofit.
 through FR26), and STGR47 LH (FR26
 through FR39), and STGR51 LH (FR19
 through FR26).
Retrofit 3 Retrofit lower shell (3     Within 32,000 flight cycles    3,000 flight cycles.
 panel solution) STGR43 LH (FR26        after retrofit.
 through FR39), and STGR43 RH (FR26
 through FR38).
Retrofit 3 Retrofit lower shell (3     Within 32,000 flight cycles    5,700 flight cycles.
 panel solution) STGR46 RH (FR19        after retrofit.
 through FR26), and STGR51 LH (FR19
 through FR26), and STGR 54 LH (FR26
 through FR39).
Retrofit 3A (STGR43 LH/RH between      Within 32,000 flight cycles    5,000 flight cycles.
 FR37 and FR39 in Section 14).          after retrofit.
Retrofit 4 (Retrofit lap joint         Within 42,000 flight cycles    5,000 flight cycles.
 without cut out).                      after retrofit.
Retrofit 5 (Retrofit lap joint)......  Within 42,000 flight cycles    5,000 flight cycles.
                                        after retrofit.
Retrofit 6 (Retrofit lap joint)......  Within 34,000 flight cycles    12,000 flight cycles.
                                        after retrofit.
Retrofit 7 (Retrofit lap joint)......  Within 47,600 flight cycles    5,400 flight cycles.
                                        after retrofit.
----------------------------------------------------------------------------------------------------------------

Fuselage Inner Doubler Inspections and Repair if Necessary

    (l) For airplanes on which any inspections of the fuselage
bonded inner doublers of the longitudinal lap joints in Sections 13
through 18 (except Sections 16 and 17 at Stringer 31 left-hand and
right-hand) for disbonding and cracking have not been done as of the
effective date of this AD in accordance with Airbus Service Bulletin
A300-53-229: Prior to the accumulation of 24,000 total flight cycles
or within 15 years since new, whichever occurs first; or within 60
days after the effective date of this AD; whichever occurs later, do
a detailed inspection of the fuselage bonded inner doublers of the
longitudinal lap joints in Sections 13 through 18 (except Sections
16 and 17 at Stringer 31 left-hand and right-hand) for disbonding
and cracking, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-53-229, Revision 5, dated April 8,
1997. If no disbonding and no cracking is found, repeat the
inspection thereafter at the applicable intervals specified in Table
6 of this AD.

    Table 6--Repetitive Intervals for Inspections for Disbonding and
                                Cracking
------------------------------------------------------------------------
                                    Inspect at intervals not to exceed--
            For area--
------------------------------------------------------------------------
Sections 13 and 14 as specified in  Within 7 years or 12,000 flight
 Airbus Service Bulletin A300-53-    cycles after doing the inspection,
 229.                                whichever occurs first.
Sections 15 through 18 as           Within 8.5 years or 12,000 flight
 specified in Airbus Service         cycles after doing the inspection,
 Bulletin A300-53-229.               whichever occurs first.
------------------------------------------------------------------------

     (1) If no cracking is found and ``minor'' disbonding, as
defined in Airbus Service Bulletin A300-53-229, is found: Repeat the
inspection thereafter at intervals not to exceed 1 year for areas
below stringer 22, and at intervals not to exceed 2 years for areas
above and including stringer 22.
    (2) If no cracking is found and ``major'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Within 1,000
flight cycles after doing the inspection, repair, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A300-53-
229, Revision 5, dated April 8, 1997.
    (3) If any cracking is found, repair prior to further flight, in
accordance with Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997.
    (m) For airplanes on which any inspections of the fuselage
bonded inner doublers of the longitudinal lap joints in Sections 13
through 18 (except Sections 16 and 17 at Stringer 31 left-hand and
right-hand) for disbonding and cracking have been done as of the
effective date of this AD in accordance with Airbus Service Bulletin
A300-53-229; except for airplanes on which a repair of that area has
been done in accordance with Airbus Service

Bulletin A300-53-229: At the applicable time specified in Table 6 of
this AD, or within 60 days after the effective date of this AD,
whichever occurs later, do a detailed inspection of the fuselage
bonded inner doublers of the longitudinal lap joints in Sections 13
through 18 (except Sections 16 and 17 at Stringer 31 left-hand and
right-hand) for disbonding and cracking, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-53-229,
Revision 5, dated April 8, 1997. If no disbonding and no cracking is
found, repeat the inspection at the applicable intervals specified
in Table 6 of this AD.
    (1) If no cracking is found and ``minor'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Repeat the
inspection thereafter at intervals not to exceed 1 year for areas
below stringer 22, and at intervals not to exceed 2 years for areas
above and including stringer 22.
    (2) If no cracking is found and ``major'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Within 1,000
flight cycles after doing the inspection, repair, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A300-53-
229, Revision 5, dated April 8, 1997.
    (3) If any cracking is found, repair prior to further flight, in
accordance with Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997.
    (n) For airplanes on which any inspections of the fuselage
bonded inner doublers of the longitudinal lap joints in Sections 16
and 17 at Stringer 31 left-hand and right-hand for disbonding and
cracking have not been done as of the effective date of this AD in
accordance with Airbus Service Bulletin A300-53-229: Prior to the
accumulation of 24,000 total flight cycles or within 12 years since
new, whichever occurs first; or within 60 days after the effective
date of this AD; whichever occurs later, do a detailed inspection of
the fuselage bonded inner doubles of the longitudinal lap joints in
Sections 16 and 17 at Stringer 31 left-hand and right-hand for
disbonding and cracking, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997. If no disbonding and no cracking is found,
repeat the inspection thereafter at intervals not to exceed 7 years
or 12,000 flight cycles, whichever occurs first.
    (1) If no cracking is found and ``minor'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Repeat the
inspection thereafter at intervals not to exceed 1 year for areas
below stringer 22, and at intervals not to exceed 2 years for areas
above and including stringer 22. Doing a repair in accordance with
Airbus Service Bulletin A300-53-229, Revision 5, dated April 8,
1997, terminates the repetitive inspections required by this
paragraph for that area.
    (2) If no cracking is found and ``major'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Within 1,000
flight cycles after doing the inspection, repair, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A300-53-
229, Revision 5, dated April 8, 1997.
    (3) If any cracking is found, repair prior to further flight, in
accordance with Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997.
    (o) For airplanes on which any inspections of the fuselage
bonded inner doublers of the longitudinal lap joints in Sections 16
and 17 at Stringer 31 left-hand and right-hand for disbonding and
cracking have been done as of the effective date of this AD in
accordance with Airbus Service Bulletin A300-53-229; except
airplanes on which a repair of that area has been done in accordance
with Airbus Service Bulletin A300-53-229: Within 7 years or 12,000
flight cycles after doing the inspection, whichever occurs first; or
within 60 days after the effective date of this AD; whichever occurs
later, do a detailed inspection of the fuselage bonded inner doubles
of the longitudinal lap joints in Sections 16 and 17 at Stringer 31
left-hand and right-hand for disbonding and cracking in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A300-53-229, Revision 5, dated April 8, 1997. If no disbonding and
corrosion are found, repeat the inspection thereafter at intervals
not to exceed 7 years or 12,000 flight cycles, whichever occurs
first.
    (1) If no cracking is found and ``minor'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Repeat the
inspection thereafter at intervals not to exceed 1 year for areas
below stringer 22, and at intervals not to exceed 2 years for areas
above and including stringer 22. Doing a repair in accordance with
Airbus Service Bulletin A300-53-229, Revision 5, dated April 8,
1997, terminates the repetitive inspections required by this
paragraph for that area.
    (2) If no cracking is found and ``major'' disbonding, as defined
in Airbus Service Bulletin A300-53-229, is found: Within 1,000
flight cycles after doing the inspection, repair, in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A300-53-
229, Revision 5, dated April 8, 1997.
    (3) If any cracking is found, repair prior to further flight, in
accordance with Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997.
    (p) Although Airbus Service Bulletin A300-53-229, Revision 5,
dated April 8, 1997; and Airbus Mandatory Service Bulletin A300-53-
0211, Revision 07, dated December 1, 2006; specify to submit certain
information to the manufacturer, this AD does not include that
requirement.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows:
    (1) Although the MCAI or service information allows further
flight after cracks are found during compliance with the required
action, this AD requires that you repair the crack(s) before further
flight.
    (2) The MCAI or service information does not include enforceable
compliance times for certain actions; however, this AD requires that
those actions be done at the enforceable times specified in this AD.
    (3) Although the MCAI or service information tells you to submit
information to the manufacturer, paragraph (p) of this AD specifies
that such submittal is not required.

Other FAA AD Provisions

    (q) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; fax<PHONE_NUMBER>. Information may be e-mailed to:
<EMAIL_ADDRESS>Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (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.

Related Information

    (r) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2007-0091, dated April 10, 2007, corrected June 23, 2008;
Airbus Service Bulletin A300-53-229, Revision 5, dated April 8,
1997; and Airbus Mandatory Service Bulletin A300-53-0211, Revision
07, dated December 1, 2006; for related information.

    Issued in Renton, Washington, on April 28, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-11335 Filed 5-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Proposed Rules]
[Page 42282-42284]
[DOCID:fr21jy08-13]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD]
RIN 2120-AA64

Airworthiness Directives; Maryland Air Industries, Inc., Model
Fairchild F-27 and FH-227 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 series
airplanes. This proposed AD would require operators to modify their
airplanes and revise their inspection or maintenance programs to
incorporate instructions for maintenance and inspection of the fuel
tank systems, as appropriate, by December 16, 2008, using information
developed in accordance with SFAR 88. This proposed AD results from
fuel system safety reviews done on similar airplane models in
accordance with SFAR 88. These safety reviews identified potential
unsafe conditions on Model Fairchild F-27 and FH-227 series airplanes
for which the type certificate holder, Maryland Air Industries, Inc.,
has not conducted SFAR 88 safety reviews, has not provided corrective
actions, and does not plan to do so. We are proposing this AD to reduce
the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by September 4,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.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<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: James Delisio, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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-2008-0734;
Directorate Identifier 2008-NM-004-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://
www.regulations.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 FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC) design
approval) holders to substantiate that their fuel tank systems can
prevent ignition sources in the fuel tanks. This requirement applies to
design approval holders for large turbine-powered transport airplanes
and for subsequent modifications to those airplanes. It requires them
to perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of

previous actions taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD
are necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

FAA's Findings

    Maryland Air Industries, Inc., which held type certificate 7A1 for
Model Fairchild F-27 and FH-227 series airplanes, stated that it did
not have the resources to conduct SFAR 88 safety reviews for the
affected airplane models. Therefore, Maryland Air Industries, Inc., has
neither conducted the safety reviews nor provided service information
required under SFAR 88 that would lead the FAA to make a finding of
compliance. Furthermore, Maryland Air Industries, Inc., has surrendered
the type certificate to the New York Aircraft Certification Office
(ACO), FAA. Because Maryland Air Industries, Inc., has not accomplished
the actions required by SFAR 88, this NPRM would propose to require
that the affected operators perform these actions, or work with a third
party to do so.
    This NPRM proposes to require operators to modify their airplanes
and revise their inspection or maintenance programs to incorporate
instructions for maintenance and inspection of the fuel tank systems,
as appropriate, by December 16, 2008, using information developed in
accordance with SFAR 88. Note that the FAA has issued operational rules
that would effectively ground the domestic fleet of F-27 and FH-227
models given that there is no maintenance information or any design
change developed in accordance with SFAR 88. These operational rules
(Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety
Regulations: Amendments 91-297, 121-336, 125-53, and 129-43) would have
the same effect as the AD for domestic operators, but because the
operational rules do not apply to foreign operators, we are obligated
to issue the AD to comply with our requirements as an International
Civil Aviation Organization (ICAO) member state.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information, including the results of an SFAR 88 compliance finding on
similar airplane models, and determined that the unsafe conditions
identified in that review are likely to exist or develop in other
products of this same type design. This proposed AD would require
operators to submit a plan for compliance. Before December 16, 2008,
operators would also be required to modify the airplane and revise the
inspection or maintenance program to incorporate instructions for
maintenance and inspection of the fuel tank system, as appropriate,
using information developed in accordance with the applicable
provisions of SFAR 88.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect 29 airplanes of U.S.
registry. We recognize that this proposed AD may impose certain costs.
However, we cannot calculate those costs because we cannot anticipate
the complexity or content of the plans that operators will submit to
the FAA. However, continued operational safety necessitates the
imposition of these costs because of the severity of the unsafe
condition.

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.
    You can find our regulatory evaluation and the estimated costs of
compliance 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

    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]

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

Maryland Air Industries, Inc.: Docket No. FAA-2008-0734; Directorate
Identifier 2008-NM-004-AD.

Comments Due Date

    (a) We must receive comments by September 4, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model Fairchild F-27, F-27A, F-27B,
F-27F, F-27G, F-27J, F-27M, FH-227, FH-227B, FH-227C, FH-227D, and
FH-227E series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system safety reviews done on
similar airplane models in accordance with Special Federal Aviation
Regulation No. 88 (SFAR 88). These safety reviews identified
potential unsafe

conditions on Model Fairchild F-27 and FH-227 series airplanes for
which the type certificate holder, Maryland Air Industries, Inc.,
has not conducted SFAR 88 safety reviews, has not provided
corrective actions, and does not plan to do so. We are issuing this
AD to reduce the potential of ignition sources inside fuel tanks,
which, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified,
unless already done.

Report

    (f) Within 45 days after the effective date of this AD, submit a
report to the Manager, New York Aircraft Certification Office, FAA.
The report must include the information listed in paragraphs (f)(1)
and (f)(2) of this AD. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and
Budget (OMB) has approved the information collection requirements
contained in this AD, and assigned OMB Control Number 2120-0056.
    (1) The airplane registration and operational status.
    (2) A plan for how the airplane operator plans to comply with
paragraph (g) of this AD.

SFAR 88 Design Modifications and Inspection or Maintenance Program
Changes

    (g) Before December 16, 2008, modify the airplane and revise the
inspection or maintenance program to incorporate instructions for
maintenance and inspection of the fuel tank system, using
information developed in accordance with the applicable provisions
of Special Federal Aviation Regulation No. 88 (SFAR 88), Amendment
21-78, and subsequent Amendments 21-82 and 21-83, which are included
in a regulation titled ``Transport Airplane Fuel Tank System Design
Review, Flammability Reduction and Maintenance and Inspection
Requirements'' (66 FR 23086, May 7, 2001).

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York Aircraft Certification Office, FAA,
ATTN: James Delisio, Aerospace Engineer, Airframe and Propulsion
Branch, ANE-171, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; has the
authority to approve AMOCs for this AD, if requested using 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.

    Issued in Renton, Washington, on June 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-16667 Filed 7-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56711-56713]
[FR Doc No: 2018-24721]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0125; Airspace Docket No. 18-AAL-5]
RIN 2120-AA66

Amendment of Class D and Class E Airspace, and Revocation of
Class E Airspace; Juneau, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends Class D airspace, Class E surface area
airspace, Class E airspace extending upward from 700 feet above the
surface, and removes Class E airspace designated as an extension at
Juneau International

Airport, Juneau, AK. Airspace redesign is necessary as the FAA
transitions from ground-based to satellite-based navigation for the
safety and management of instrument flight rules (IFR) operations at
this airport. This action also updates the airport's geographic
coordinates to match the FAA's aeronautical database for the associated
Class D and E airspace areas, and replaces the outdated term Airport/
Facility Directory with Chart Supplement in the Class D airspace legal
description.

DATES: Effective 0901 UTC, January 3, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection 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 https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class D airspace, Class E surface area airspace, Class E
airspace extending upward from 700 feet above the surface, and removes
Class E airspace designated as an extension at Juneau International
Airport, Juneau, AK, to support IFR operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 19653; May 4, 2018) for Docket No. FAA-2018-0125 to
modify Class D airspace, Class E surface area airspace, Class E
airspace extending upward from 700 feet above the surface and remove
Class E airspace designated as an extension at Juneau International
Airport, Juneau, AK. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. One commenter was concerned that VFR operations would be
problematic because the Airport Traffic Control Tower (ATCT) would not
be able to see to the lateral boundaries of the proposed Class D area
and weather may be inconsistent between the outer areas of the proposed
Class D and the area closer to the airport.
    The FAA's response is that these conditions exist in several
locations across the CONUS and Air Traffic Control is skilled at
operations within these environments. Pilots operating under Visual
Flight Rules (VFR) at the lateral boundaries of the proposed Class D
may continue to operate VFR provided weather minimums can be maintained
and Special VFR requirements are applied, when appropriate.
    In addition, the commenter wrote that communication below 1,500
feet above ground level (AGL) was limited in the proposed airspace to
the west.
    The FAA performed a communication analysis at both 1,000 and 1,500
feet AGL and determined that communication in the area is provided by
both a Remote Communications Air/Ground facility (RCAG) and a Back Up
Emergency Communication (BUEC) facility. The analysis determined that,
while some terrain features may create communication difficulties in
specific locations, the available systems should provide communication
coverage either on the primary frequency with Juneau ATCT or the BUEC
through Anchorage Air Route Traffic Control Center.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11C, dated August 13, 2018, and effective September 15, 2018,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies Class D airspace, Class E surface area airspace, Class
E airspace extending upward from 700 feet above the surface and removes
Class E designated as an extension at Juneau International Airport,
Juneau, AK.
    Class D airspace is modified to within a 3-mile radius of Juneau
International Airport and within 2.5 miles each side of the 271[deg]
bearing from the airport extending from the 3-mile radius to 5.2 miles
west of the airport, and within 1 mile southwest and 2.6 miles
northeast of the airport 135[deg] bearing extending from the airport 3-
mile radius to 5 miles southeast of the airport, excluding that
airspace below 2,000 feet MSL within the area bounded by a line
beginning at lat. 58[deg]19'35'' N, long. 134[deg]24'31'' W, to lat.
58[deg]19'02'' N, long. 134[deg]25'33'' W, to lat. 58[deg]20'16'' N,
long. 134[deg]27'28'' W, to lat. 58[deg]20'34'' N, long.
134[deg]26'22'' W, thence to the point of beginning. The areas to the
west and southeast of the airport contains IFR departures and arrivals.
A small area within the extended area to the southeast near Salmon
Creek is excluded from Class D airspace below 2,000 feet MSL to ensure
2-way radio communication with the Juneau Airport Traffic Control Tower
is possible prior to entering Class D airspace from that area.
    Class E surface area airspace is modified to be coincident with the
Class D airspace area described above.
    Class E airspace designated as an extension is removed since the
Class D airspace contains arrival aircraft within 1,000 feet of the
surface, and a Class E arrival extension is not required.
    Class E airspace extending upward from 700 feet above the surface
is modified to a polygon approximately 12-18 miles wide by 42-miles
long (from approximately 48 miles wide by 70 miles long) oriented
northwest to

southeast (from west to east). The area is defined as that airspace
upward from 700 feet above the surface within the area bounded by a
line beginning at lat. 58[deg]27'33'' N, long. 134[deg]37'40'' W, to
lat. 58[deg]13'13'' N, long. 134[deg]11'51'' W, to lat. 58[deg]05'59''
N, long. 134[deg]21'04'' W, to lat. 58[deg]10'51'' N, long.
134[deg]59'18'' W, to lat. 58[deg]23'41'' N, long. 135[deg]31'13'' W,
to lat. 58[deg]32'22'' N, long. 135[deg]18'32'' W, to lat.
58[deg]27'17'' N, long. 135[deg]01'27'' W, thence to the point of
beginning. This modification reduces the airspace area to only that
area necessary to contain IFR operations as they transition between the
airport and en route environments. Also, Class E airspace extending
upward from 1,200 feet above the surface designated for Juneau
International Airport is removed since this airspace is wholly
contained within the Southeast Alaska Class E en route airspace, and
duplication is not necessary.
    This action also makes an editorial change to the Class D airspace
legal description replacing Airport/Facility Directory with Chart
Supplement.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71 --DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

     Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AAL AK D Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 3-mile radius of Juneau International
Airport, and within 2.5 miles each side of the 271[deg] bearing from
the airport extending from the 3-mile radius to 5.2 miles west of
the airport, and within 1 mile southwest and 2.6 miles northeast of
the airport 135[deg] bearing extending from the airport 3-mile
radius to 5 miles southeast of the airport, excluding that airspace
below 2,000 feet MSL within the area bounded by a line beginning at
lat. 58[deg]19'35'' N, long. 134[deg]24'31'' W, to lat.
58[deg]19'02'' N, long. 134[deg]25'33'' W, to lat. 58[deg]20'16'' N,
long. 134[deg]27'28'' W, to lat. 58[deg]20'34'' N, long.
134[deg]26'22'' W, thence to the point of beginning. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AAL AK E2 Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace extending upward from the surface within a 3-mile
radius of Juneau International Airport, and within 2.5 miles each
side of the 271[deg] bearing from the airport extending from the 3-
mile radius to 5.2 miles west of the airport, and within 1 mile
southwest and 2.6 miles northeast of the airport 135[deg] bearing
extending from the airport 3-mile radius to 5 miles southeast of the
airport, excluding that airspace below 2,000 feet MSL within the
area bounded by a line beginning at lat. 58[deg]19'35'' N, long.
134[deg]24'31'' W, to lat. 58[deg]19'02'' N, long. 134[deg]25'33''
W, to lat. 58[deg]20'16'' N, long. 134[deg]27'28'' W, to lat.
58[deg]20'34'' N, long. 134[deg]26'22'' W, thence to the point of
beginning. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.

* * * * *

AAL AK E4 Juneau, AK [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Juneau, AK [Amended]

Juneau International Airport, AK
    (Lat. 58[deg]21'17'' N, long. 134[deg]34'42'' W)

    That airspace upward from 700 feet above the surface within the
area bounded by a line beginning at lat. 58[deg]27'33'' N, long.
134[deg]37'40'' W, to lat. 58[deg]13'13'' N, long. 134[deg]11'51''
W, to lat. 58[deg]05'59'' N, long. 134[deg]21'04'' W, to lat.
58[deg]10'51'' N, long. 134[deg]59'18'' W, to lat. 58[deg]23'41'' N,
long. 135[deg]31'13'' W, to lat. 58[deg]32'22'' N, long.
135[deg]18'32'' W, to lat. 58[deg]27'17'' N, long. 135[deg]01'27''
W, thence to the point of beginning.

    Issued in Seattle, Washington, on November 1, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-24721 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I just want to take a moment and inform you on how much my life has been impacted by NOT SMOKING AMERICAN SPIRITS. I have been a smoker for over 15 years and was able to quit smoking because of e-cigarettes. E-cigarettes and Vape Pens have giving everyone in my family a fighting chance against lung cancer as well as many other side effects of smoking tobacco. E-cigarettes have given my self a better sense of taste and feeling as well as many other benefits. I CAN TRULY FEEL THE DIFFERENCE and in such a good way. I have tried smoking a traditional cigarette since and have thrown up they are so disgusting. Smoking e-cigarettes have allowed me to go from 18mg all the way down to 0mg nicotine, and most days I do not even need my e-cigarette. If there is any alteration of the e-cigarette market and where it stands, i feel that most others will not have a fighting chance to quit smoking the way I did. I have tried gum, patches, and many other forms of "Quit Smoking" tactics, and so far the only one that has worked are e-cigarettes.

Do America a favor and think about the lives e-cigarettes will save from the switch. I cant even believe this is a topic of question, but the only thing I ask is, to ask your self, what you would do if you your mother, father, son, daughter, brother or sister died from smoking cigarettes and there was something they could have done to stop it and that answer was e-cigarettes.

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thank you