80_FR_11141 80 FR 11101 - Airworthiness Directives; Airbus Airplanes

80 FR 11101 - Airworthiness Directives; Airbus Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11101-11106
FR Document2015-02676

We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 series airplanes, Model A300 B4-600, B4-600R, and F4- 600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by a report of chafing found on the overflow sensor harness of the surge tank, and subsequent contact between the electrical wiring and fuel tank structure. This AD requires a one-time inspection for chafing of the overflow sensor harness, and repair if necessary. This AD also requires modification of the sensor harness. We are issuing this AD to prevent chafing of the harness and subsequent contact between the electrical wiring and fuel tank structure, which could result in electrical arcing and a fuel tank explosion and consequent loss of the airplane.

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11101-11106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-02676]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0189; Directorate Identifier 2013-NM-181-AD; 
Amendment 39-18099; AD 2015-03-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A300 series airplanes, Model A300 B4-600, B4-600R, and F4-
600R series airplanes, and Model A300 C4-605R Variant F airplanes 
(collectively called Model A300-600 series airplanes). This AD was 
prompted by a report of chafing found on the overflow sensor harness of 
the surge tank, and subsequent contact between the electrical wiring 
and fuel tank structure. This AD requires a one-time inspection for 
chafing of the overflow sensor harness, and repair if necessary. This 
AD also requires modification of the sensor harness. We are issuing 
this AD to prevent chafing of the harness and subsequent contact 
between the electrical wiring and fuel tank structure, which could 
result in electrical arcing and a fuel tank explosion and consequent 
loss of the airplane.

DATES: This AD becomes effective April 6, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 6, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0189 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Airbus, 
Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; 
email [email protected]; Internet http://www.airbus.com. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.

[[Page 11102]]

For information on the availability of this material at the FAA, call 
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0189.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-2125; fax: 
425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Airbus Model A300 
series airplanes, Model A300 B4-600, B4-600R, and F4-600R series 
airplanes, and Model A300 C4-605R Variant F airplanes (collectively 
called Model A300-600 series airplanes). The NPRM published in the 
Federal Register on April 8, 2014 (79 FR 19296).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2013-0193, dated August 23, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Model A300 
series airplanes, Model A300 B4-600, B4-600R, and F4-600R series 
airplanes, and Model A300 C4-605R Variant F airplanes (collectively 
called Model A300-600 series airplanes). The MCAI states:

    During a scheduled maintenance check on an A300 aeroplane, 
chafing was found on the surge tank overflow sensor harness. The 
harness was found to contact the Magnetic Fuel Level Indicator 
(MFLI) canister.
    Prompted by these findings, DGAC [Direction 
G[eacute]n[eacute]rale de l'Aviation Civile] France issued [(http://ad.easa.europa.eu/blob/easa_ad_1999_404_293.pdf/AD_1999-404-293)] to 
require modification of the harness routing in accordance with the 
instructions of Airbus SB [service bulletin] A300-28-0058 or SB 
A300-28-6020, as applicable to aeroplane model.
    Since that [DGAC] AD was issued, maintenance work on modified 
A300-600 aeroplanes revealed some chafing of the harness, creating a 
potential contact between the electrical wire and fuel tank 
structure. Investigations have shown that although measures were 
taken to prevent contact of the harness with the MFLI (through 
modification 04489), the installation can be subject to human error. 
As the MFLI is integral to the access panel in this location, any 
potential contact with the harness (as a result of incorrect 
installation) is hidden.
    This condition, if not detected and corrected, could lead to 
electrical arcing, possibly resulting in a fuel tank explosion and 
loss of the aeroplane. To address this potential unsafe condition, 
Airbus issued SB A300-28-0091 for A300 aeroplanes, SB A300-28-6109 
for A300-600 aeroplanes, and A300-28-9022 for A300-600ST aeroplanes.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the harness and, depending on findings, 
corrective actions, as well as replacement of angle brackets by 
error-proof harness brackets.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0189-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 19296, April 8, 2014) and the FAA's response to each comment.

Request To Remove AD Reference in Repair Approvals

    United Parcel Service (UPS) asked that we remove the requirement to 
include the AD reference in repair approvals, as specified in paragraph 
(g)(1) of the proposed AD (79 FR 19296, April 8, 2014), which states 
``For a repair to be approved, the repair must specifically refer to 
this AD.'' UPS stated the following: ``The proposed wording, being 
specific to repairs, eliminates the interpretation that Airbus messages 
are acceptable for approving minor deviations (corrective actions) 
needed during accomplishment of a mandated Airbus service bulletin.'' 
UPS added that this will result in an increase in alternative method of 
compliance (AMOC) requests.
    We agree with the commenter's request to remove the requirement 
that repair approvals specifically refer to this AD, from this AD.
    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD. The MCAI or referenced service 
information in an FAA AD often directs the owner/operator to contact 
the manufacturer for corrective actions, such as a repair. Briefly, the 
Airworthy Product paragraph allowed owners/operators to use corrective 
actions provided by the manufacturer if those actions were FAA-
approved. In addition, the paragraph stated that any actions approved 
by the State of Design Authority (or its delegated agent) are 
considered to be FAA-approved.
    In the NPRM (79 FR 19296, April 8, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, we proposed to change the phrase ``its 
delegated agent'' to include ``the Design Approval Holder (DAH) with a 
State of Design Authority's design organization approval (DOA)'' to 
refer to a DAH authorized to approve required repairs for the AD.
    As stated previously, UPS commented that: ``The proposed wording, 
being specific to repairs, eliminates the interpretation that Airbus 
messages are acceptable for approving minor deviations (corrective 
actions) needed during accomplishment of an AD mandated Airbus service 
bulletin.'' This comment has made the FAA aware that some operators 
have misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the actions must be accomplished using a 
method approved by the FAA, EASA, or Airbus's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the

[[Page 11103]]

manufacturer, that do not contain the DOA-authorized signature approval 
are not EASA-approved, unless EASA directly approves the manufacturer's 
message or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
AMOC.
    Commenters to an NPRM having Directorate Identifier 2012-NM-101-AD 
(78 FR 78285, December 26, 2013) pointed out that in many cases the 
foreign manufacturer's service bulletin and the foreign authority's 
MCAI may have been issued some time before the FAA AD. Therefore, the 
DOA may have provided U.S. operators with an approved repair, developed 
with full awareness of the unsafe condition, before the FAA AD is 
issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement from this AD 
that the DAH-provided repair specifically refer to this AD. Before 
adopting such a requirement in the future, the FAA will coordinate with 
affected DAHs and verify they are prepared to implement means to ensure 
that their repair approvals consider the unsafe condition addressed in 
an AD. Any such requirements will be adopted through the normal AD 
rulemaking process, including notice-and-comment procedures, when 
appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or the ``DAH with State of Design Authority 
design organization approval,'' but instead we have provided the 
specific delegation approval granted by the State of Design Authority 
for the DAH.

Request To Extend the Compliance Time

    UPS asked that we extend the compliance time specified in paragraph 
(g) of the proposed AD (79 FR 19296, April 8, 2014) from 30 to 36 
months. UPS stated that it expects to accomplish the inspection during 
its existing C-check interval, which is 30 months. UPS added that in 
order to perform the inspection and repair at its major maintenance 
facility during C-checks, it requires an additional 6 months to allow 
for planning, preparation, and prototyping of the service information. 
UPS noted that this additional time is for the prototyping effort 
necessary when a project is initiated; UPS has determined that service 
information is often revised during accomplishment of the required 
actions, which makes it difficult to maintain regular maintenance 
schedules. Therefore, UPS must schedule special visit check lines for 
accomplishing the actions.
    We do not agree with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action, we considered the safety implications, parts availability, and 
normal maintenance schedules for the timely accomplishment of the 
inspection and subsequent modification. In consideration of these 
items, as well as the possibility of chafing of the overflow sensor 
harness, we have determined that a 30-month compliance time will ensure 
an acceptable level of safety and allow the modification to be done 
during scheduled maintenance intervals for most affected operators. 
However, under the provisions of paragraph (j)(1) of this AD, we will 
consider requests for approval of an extension of the compliance time 
if sufficient data are submitted to substantiate that the new 
compliance time would provide an acceptable level of safety. We have 
not changed this AD in this regard.

Request To Include Another Source of Service Information

    FedEx Express asked that we allow the use of UTC Aerospace Systems 
Service Bulletin V-1577 for accomplishing the actions in the NPRM (79 
FR 19296, April 8, 2014). FedEx Express stated that it operates 71 
Airbus Model A300-600 series airplanes, and 65 of those airplanes have 
had the in-tank fuel quantity system modified by a certain supplemental 
type certificate (STC), which means Airbus Service Bulletin A300-28-
6109, Revision 01, dated December 20, 2013 (referred to as the 
appropriate source of service information for accomplishing the 
actions), cannot be used to accomplish the proposed actions. However, 
FedEx Express noted that six of its airplanes have the production in-
tank fuel quantity system installed, and the referenced service 
information can be used for those airplanes. FedEx Express stated that 
the UTC Aerospace Systems service bulletin has not been issued yet; 
however, after issuance it should be included in the NPRM as a source 
of service information for accomplishing the proposed actions in order 
to mitigate the unsafe condition.
    We partially agree with the commenter. We agree that airplanes that 
have had the in-tank fuel quantity system modified by STC ST00092BO 
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862574900069E004?OpenDocument&Highlight=st00092bo) 
cannot accomplish the actions proposed in the NPRM (79 FR 19296, April 
8, 2014) by using Airbus Service Bulletin A300-28-6109, Revision 01, 
dated December 20, 2013. Since the issuance of the NPRM, UTC Aerospace 
Systems has issued service bulletin 300723-28-03 (V-1577), dated 
October 10, 2014, to address the unsafe condition for airplanes that 
have been modified by supplemental type certificate ST00092BO.
    We do not agree to revise this AD to require UTC Aerospace Systems 
Service Bulletin 300723-28-03 (V-1577), dated October 10, 2014. 
Instead, we are considering separate rulemaking to require the 
procedures and compliance time specified in UTC Aerospace Systems 
Service Bulletin 300723-28-03 (V-1577), dated October 10, 2014, for 
airplanes modified by STC ST00092BO. Therefore, we have revised 
paragraph (c) of this AD by removing airplanes modified by STC 
ST00092BO from the applicability of this AD.

Request To Include Revised Service Information

    FedEx Express asked that Revision 02 of Airbus Service Bulletin 
A300-28-6109 be included for accomplishing the actions in the NPRM (79 
FR 19296, April 8, 2014) before the final rule is issued. FedEx Express 
stated that it reviewed Airbus Service Bulletin A300-28-6109, Revision 
01, dated December 20, 2013, and submitted its findings to Airbus for 
incorporation into upcoming Revision 02 before issuance. FedEx Express 
added that its intent in doing so was to prevent future requests for 
AMOCs to the FAA.
    We disagree with the commenter's request to include Revision 02 of 
Airbus Service Bulletin A300-28-6109. We are aware that Airbus is 
considering

[[Page 11104]]

revising Airbus Service Bulletin A300-28-6109, Revision 01, dated 
December 20, 2013, to incorporate feedback received from FedEx Express 
in the Accomplishment Instructions of the service bulletin. We will 
consider approving Revision 02 of Airbus Service Bulletin A300-28-6109 
as an AMOC to the actions specified in paragraphs (g) and (h) of this 
AD, once this service bulletin is released. However, we find that 
delaying this AD action would be inappropriate in light of the urgency 
of the identified unsafe condition. Therefore, no change has been made 
to this AD in this regard.

Request To Clarify the ``Required for Compliance'' Instructions

    FedEx Express asked for clarification as to whether the Required 
for Compliance (RC) note identified in the Accomplishment Instructions 
of Airbus Service Bulletin A300-28-6109, Revision 01, dated December 
20, 2013, is applicable to the actions specified in the NPRM (79 FR 
19296, April 8, 2014) and EASA Airworthiness Directive 2013-0193, dated 
August 23, 2013.
    We acknowledge the commenter's concern and provide the following 
clarification:
    The FAA worked in conjunction with industry, under the 
Airworthiness Directives Implementation Aviation Rulemaking Committee 
(ARC), to enhance the AD system. One enhancement is a new process for 
annotating which steps in the service information are ``required for 
compliance'' with an AD. Differentiating these steps from other tasks 
in the service information is expected to improve an owner's and 
operator's understanding of AD requirements and help provide consistent 
judgment in AD compliance. In response to the AD Implementation ARC, 
the FAA released AC 20-176, Revision A, dated June 16, 2014, (http://
rgl.avs.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/
0/a78cc91a47b192278625796b0075f419/$FILE/AC%2020-176.pdf); and Order 
8110.117 (http://rgl.avs.faa.gov/Regulatory_and_Guidance_Library/
rgOrders.nsf/0/984bb9eb07cdd86986257a7f0070744c/$FILE/
Order%208110.117.pdf), which include the concept of RC. The FAA has 
begun implementing this concept in ADs when we receive service 
information containing RC steps. Therefore, the RC note does apply to 
the actions required by this AD when using Airbus Service Bulletin 
A300-28-6109, Revision 01, dated December 20, 2013, to accomplish the 
required actions. We do not have information concerning how EASA 
implements the RC concept in its ADs.
    We split paragraph (j)(1) and redesignated the content as 
paragraphs (j)(1) and (j)(1)(i) of this AD, and added paragraph 
(j)(1)(ii) to this AD to reflect information concerning the RC concept 
and to explain when it is necessary to request approval of an AMOC.

Clarification of Inspection Type

    Paragraph (g) of this AD has been revised to clarify the inspection 
type as a one-time general visual inspection.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 19296, April 8, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 19296, April 8, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Mandatory Service Bulletins A300-28-0091, dated 
March 5, 2013; and A300-28-6109, Revision 01, dated December 20, 2013. 
This service information describes procedures for a one-time inspection 
for chafing of the overflow sensor harness, and contacting the 
manufacturer for repair instructions. This service information also 
describes modification of the sensor harness. This service information 
is reasonably available; see ADDRESSES for ways to access this service 
information.

Costs of Compliance

    We estimate that this AD affects 123 airplanes of U.S. registry.
    We also estimate that it takes about 3 work-hours per product to 
comply with the inspection required by this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this inspection on U.S. operators to be $31,365, or $255 per product.
    We estimate that it takes about 12 work-hours per product to comply 
with the modification requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts cost about $500 per product. Based 
on these figures, we estimate the cost of this modification on U.S. 
operators to be $186,960, or $1,520 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition repairs specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for 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 AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0189; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this AD, the 
regulatory evaluation, any comments received, and other information. 
The

[[Page 11105]]

street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2015-03-03 Airbus: Amendment 39-18099. Docket No. FAA-2014-0189; 
Directorate Identifier 2013-NM-181-AD.

(a) Effective Date

    This AD becomes effective April 6, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs 
(c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD, certificated 
in any category, all manufacturer serial numbers; except for 
airplanes modified by supplemental type certificate ST00092BO 
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/D41C5AE8E46B4901862574900069E004?OpenDocument&Highlight=st00092bo).
    (1) Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and 
B4-203 airplanes.
    (2) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (3) Model A300 B4-605R and B4-622R airplanes.
    (4) Model A300 F4-605R and F4-622R airplanes.
    (5) Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report of chafing found on the 
overflow sensor harness of the surge tank, and subsequent contact 
between the electrical wiring and fuel tank structure. We are 
issuing this AD to prevent chafing of the harness and subsequent 
contact between the electrical wiring and fuel tank structure, which 
could result in electrical arcing and a fuel tank explosion and 
consequent loss of the airplane.

(f) Compliance

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

(g) One-Time Inspection and Repair

    Within 30 months after the effective date of this AD: Perform a 
one-time general visual inspection for chafing of the outer tank 
sensor harness between ribs 26 and 27, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-28-0091, 
dated March 5, 2013 (for Model A300 series airplanes); or Airbus 
Service Bulletin A300-28-6109, Revision 01, dated December 20, 2013 
(for Model A300-600 series airplanes);
    (1) If any previous repairs are identified, or if braid and wire 
insulation is found damaged with the conductor exposed during the 
inspection required by the introductory text of paragraph (g) of 
this AD: Before further flight, repair using a method approved by 
the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA); or 
Airbus's EASA Design Organization Approval (DOA).
    (2) If the braid and wire insulation is found damaged without 
the conductor exposed during the inspection required by the 
introductory text of paragraph (g) of this AD: Before further 
flight, repair, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A300-28-0091, dated March 5, 2013 (for 
Model A300 series airplanes); or Airbus Service Bulletin A300-28-
6109, Revision 01, dated December 20, 2013 (for Model A300-600 
series airplanes).

(h) Modification

    (1) For airplanes on which no damage was found during the 
inspection required by the introductory text of paragraph (g) of 
this AD: Before further flight, install modified and error-proof 
angle brackets to stringer 15 between ribs 26 and 27 of the outer 
tank sensor harness, in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A300-28-0091, dated March 5, 
2013 (for Model A300 series airplanes); or Airbus Service Bulletin 
A300-28-6109, Revision 01, dated December 20, 2013 (for Model A300-
600 series airplanes).
    (2) For airplanes on which any damage was found during the 
inspection required by the introductory text of paragraph (g) of 
this AD, and the applicable repair required by paragraph (g)(1) or 
(g)(2) of this AD has been done: Before further flight, install 
modified and error-proof angle brackets to stringer 15 between ribs 
26 and 27 of the outer tank sensor harness, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A300-28-0091, 
dated March 5, 2013 (for Model A300 series airplanes); or Airbus 
Service Bulletin A300-28-6109, Revision 01, dated December 20, 2013 
(for Model A300-600 series airplanes).

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Airbus Service Bulletin 
A300-28-6109, dated March 5, 2013, which is not incorporated by 
reference in this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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, WA 98057-
3356; phone: 425-227-2125; fax: 425-227-1149. Information may be 
emailed to: [email protected].
    (i) 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.
    (ii) Except as required by paragraph (g)(1) of this AD: If the 
service information contains procedures or tests that are identified 
as RC (Required for Compliance), those procedures and tests must be 
done to comply with this AD; any procedures and tests that are not 
identified as RC are recommended. Those procedures and tests that 
are not identified as RC may be deviated from using accepted methods 
in accordance with the operator's maintenance or inspection program 
without obtaining approval of an AMOC, provided the procedures and 
tests identified as RC can be done and the airplane can be put back 
in a serviceable condition. Any substitutions or changes to 
procedures or tests identified as RC require approval of an AMOC.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; 
or Airbus's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2013-0193, dated August 23, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0189-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 11106]]

paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A300-28-0091, dated March 5, 2013.
    (ii) Airbus Service Bulletin A300-28-6109, Revision 01, dated 
December 20, 2013.
    (3) For service information identified in this AD, contact 
Airbus, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 
61 93 44 51; email [email protected]; Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 2, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-02676 Filed 2-27-15; 8:45 am]
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                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                          11101

                                                  (l) Credit for Previous Actions                         be directed to the FAA at: 800 Independence           DEPARTMENT OF TRANSPORTATION
                                                     (1) This paragraph provides credit for               Ave. SW., Washington, DC 20591, Attn:
                                                  actions required by paragraph (i)(1) of this            Information Collection Clearance Officer,             Federal Aviation Administration
                                                  AD, if those actions were performed before              AES–200.
                                                  the effective date of this AD using Airbus                                                                    14 CFR Part 39
                                                  Service Bulletin A320–53–1195, Revision 03,             (n) Related Information
                                                  dated November 8, 2011; or Airbus Service                 (1) Refer to Mandatory Continuing                   [Docket No. FAA–2014–0189; Directorate
                                                  Bulletin A320–53–1195, Revision 04, dated               Airworthiness Information (MCAI) EASA                 Identifier 2013–NM–181–AD; Amendment
                                                  August 22, 2012; which are not incorporated                                                                   39–18099; AD 2015–03–03]
                                                                                                          Airworthiness Directive 2012–0118, dated
                                                  by reference in this AD.                                July 4, 2012, for related information. You            RIN 2120–AA64
                                                     (2) This paragraph provides credit for
                                                                                                          may examine the MCAI in the AD docket on
                                                  actions required by paragraph (i)(2) of this                                                                  Airworthiness Directives; Airbus
                                                  AD, if those actions were performed before              the Internet at http://www.regulations.gov/
                                                  the effective date of this AD using Airbus              #!documentDetail;D=FAA-2014-0139-0002.                Airplanes
                                                  Service Bulletin A320–53–1196, Revision 02,               (2) Service information identified in this
                                                                                                                                                                AGENCY:  Federal Aviation
                                                  dated November 8, 2011; or Airbus Service               AD that is not incorporated by reference in
                                                                                                          this AD is available at the addresses specified
                                                                                                                                                                Administration (FAA), Department of
                                                  Bulletin A320–53–1196, Revision 03, dated
                                                  August 22, 2012; which are not incorporated             in paragraphs (o)(5) and (o)(6) of this AD.
                                                                                                                                                                Transportation (DOT).
                                                  by reference in this AD.                                                                                      ACTION: Final rule.
                                                                                                          (o) Material Incorporated by Reference
                                                  (m) Other FAA AD Provisions                                                                                   SUMMARY:   We are adopting a new
                                                                                                             (1) The Director of the Federal Register
                                                     The following provisions also apply to this          approved the incorporation by reference               airworthiness directive (AD) for certain
                                                  AD:                                                                                                           Airbus Model A300 series airplanes,
                                                                                                          (IBR) of the service information listed in this
                                                     (1) Alternative Methods of Compliance                                                                      Model A300 B4–600, B4–600R, and F4–
                                                  (AMOCs): The Manager, International                     paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                          part 51.                                              600R series airplanes, and Model A300
                                                  Branch, ANM–116, Transport Airplane
                                                  Directorate, FAA, has the authority to                     (2) You must use this service information          C4–605R Variant F airplanes
                                                  approve AMOCs for this AD, if requested                 as applicable to do the actions required by           (collectively called Model A300–600
                                                  using the procedures found in 14 CFR 39.19.             this AD, unless this AD specifies otherwise.          series airplanes). This AD was prompted
                                                  In accordance with 14 CFR 39.19, send your                 (3) The following service information was          by a report of chafing found on the
                                                  request to your principal inspector or local            approved for IBR on April 6, 2015.                    overflow sensor harness of the surge
                                                  Flight Standards District Office, as                       (i) Airbus Service Bulletin A320–53–1195,          tank, and subsequent contact between
                                                  appropriate. If sending information directly            Revision 05, dated November 22, 2013.                 the electrical wiring and fuel tank
                                                  to the International Branch, send it to ATTN:                                                                 structure. This AD requires a one-time
                                                                                                             (ii) Airbus Service Bulletin A320–53–1196,
                                                  Sanjay Ralhan, Aerospace Engineer,
                                                  International Branch, ANM–116, Transport                Revision 04, dated November 22, 2013.                 inspection for chafing of the overflow
                                                  Airplane Directorate, FAA, 1601 Lind                       (4) The following service information was          sensor harness, and repair if necessary.
                                                  Avenue SW., Renton, WA 98057–3356;                      approved for IBR on November 3, 2009 (74              This AD also requires modification of
                                                  telephone 425–227–1405; fax 425–227–1149.               FR 49795, September 29, 2009).                        the sensor harness. We are issuing this
                                                  Information may be emailed to: 9-ANM-116-                  (i) Airbus Mandatory Service Bulletin              AD to prevent chafing of the harness
                                                  AMOC-REQUESTS@faa.gov. Before using                     A320–53–1195, Revision 02, including                  and subsequent contact between the
                                                  any approved AMOC, notify your appropriate              Appendix 01, dated April 5, 2007.                     electrical wiring and fuel tank structure,
                                                  principal inspector, or lacking a principal                (ii) Airbus Mandatory Service Bulletin             which could result in electrical arcing
                                                  inspector, the manager of the local flight              A320–53–1196, Revision 01, including
                                                  standards district office/certificate holding
                                                                                                                                                                and a fuel tank explosion and
                                                                                                          Appendix 01, dated November 29, 2006.                 consequent loss of the airplane.
                                                  district office. The AMOC approval letter
                                                  must specifically reference this AD.                       (5) For service information identified in          DATES: This AD becomes effective April
                                                     (2) Contacting the Manufacturer: As of the           this AD, contact Airbus, Airworthiness                6, 2015.
                                                  effective date of this AD, for any requirement          Office—EIAS, 1 Rond Point Maurice                        The Director of the Federal Register
                                                  in this AD to obtain corrective actions from            Bellonte, 31707 Blagnac Cedex, France;                approved the incorporation by reference
                                                  a manufacturer, the action must be                      telephone +33 5 61 93 36 96; fax +33 5 61
                                                                                                                                                                of certain publications listed in this AD
                                                  accomplished using a method approved by                 93 44 51; email account.airworth-eas@
                                                                                                                                                                as of April 6, 2015.
                                                  the Manager, International Branch, ANM–                 airbus.com; Internet http://www.airbus.com.
                                                  116, Transport Airplane Directorate, FAA; or               (6) You may view this service information          ADDRESSES: You may examine the AD
                                                  EASA; or Airbus’s EASA DOA. If approved                 at the FAA, Transport Airplane Directorate,           docket on the Internet at http://
                                                  by the DOA, the approval must include the               1601 Lind Avenue SW., Renton, WA. For                 www.regulations.gov/
                                                  DOA-authorized signature.                                                                                     #!docketDetail;D=FAA-2014-0189 or in
                                                                                                          information on the availability of this
                                                     (3) Reporting Requirements: A federal                                                                      person at the Docket Management
                                                                                                          material at the FAA, call 425–227–1221.
                                                  agency may not conduct or sponsor, and a                                                                      Facility, U.S. Department of
                                                  person is not required to respond to, nor                  (7) You may view this service information
                                                                                                          that is incorporated by reference at the              Transportation, Docket Operations, M–
                                                  shall a person be subject to a penalty for
                                                  failure to comply with a collection of                  National Archives and Records                         30, West Building Ground Floor, Room
                                                  information subject to the requirements of              Administration (NARA). For information on             W12–140, 1200 New Jersey Avenue SE.,
                                                  the Paperwork Reduction Act unless that                 the availability of this material at NARA, call       Washington, DC.
                                                  collection of information displays a current            202–741–6030, or go to: http://                          For service information identified in
                                                  valid OMB Control Number. The OMB                       www.archives.gov/federal-register/cfr/ibr-            this AD, contact Airbus, Airworthiness
                                                  Control Number for this information                     locations.html.                                       Office—EAW, 1 Rond Point Maurice
                                                  collection is 2120–0056. Public reporting for                                                                 Bellonte, 31707 Blagnac Cedex, France;
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                                                  this collection of information is estimated to             Issued in Renton, Washington, on February
                                                                                                                                                                telephone +33 5 61 93 36 96; fax +33 5
                                                  be approximately 5 minutes per response,                4, 2015.
                                                                                                                                                                61 93 44 51; email account.airworth-
                                                  including the time for reviewing instructions,          Dionne Palermo,
                                                  completing and reviewing the collection of                                                                    eas@airbus.com; Internet http://
                                                                                                          Acting Manager, Transport Airplane                    www.airbus.com. You may view this
                                                  information. All responses to this collection
                                                                                                          Directorate, Aircraft Certification Service.          referenced service information at the
                                                  of information are mandatory. Comments
                                                  concerning the accuracy of this burden and              [FR Doc. 2015–02692 Filed 2–27–15; 8:45 am]           FAA, Transport Airplane Directorate,
                                                  suggestions for reducing the burden should              BILLING CODE 4910–13–P                                1601 Lind Avenue SW., Renton, WA.


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                                                  11102               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                  For information on the availability of                  possibly resulting in a fuel tank explosion           condition, by requiring that the repair
                                                  this material at the FAA, call 425–227–                 and loss of the aeroplane. To address this            approval provided by the State of
                                                  1221. It is also available on the Internet              potential unsafe condition, Airbus issued SB          Design Authority or its delegated agent
                                                                                                          A300–28–0091 for A300 aeroplanes, SB
                                                  at http://www.regulations.gov by                        A300–28–6109 for A300–600 aeroplanes, and
                                                                                                                                                                specifically refer to this FAA AD. This
                                                  searching for and locating Docket No.                   A300–28–9022 for A300–600ST aeroplanes.               change was intended to clarify the
                                                  FAA–2014–0189.                                            For the reasons described above, this               method of compliance and to provide
                                                  FOR FURTHER INFORMATION CONTACT: Dan                    [EASA] AD requires a one-time inspection of           operators with better visibility of repairs
                                                  Rodina, Aerospace Engineer,                             the harness and, depending on findings,               that are specifically developed and
                                                  International Branch, ANM–116,                          corrective actions, as well as replacement of         approved to correct the unsafe
                                                                                                          angle brackets by error-proof harness                 condition. In addition, we proposed to
                                                  Transport Airplane Directorate, FAA,                    brackets.
                                                  1601 Lind Avenue SW., Renton, WA                                                                              change the phrase ‘‘its delegated agent’’
                                                  98057–3356; phone: 425–227–2125; fax:                     You may examine the MCAI in the                     to include ‘‘the Design Approval Holder
                                                  425–227–1149.                                           AD docket on the Internet at http://                  (DAH) with a State of Design
                                                  SUPPLEMENTARY INFORMATION:                              www.regulations.gov/#!document                        Authority’s design organization
                                                                                                          Detail;D=FAA-2014-0189-0002.                          approval (DOA)’’ to refer to a DAH
                                                  Discussion                                                                                                    authorized to approve required repairs
                                                                                                          Comments
                                                    We issued a notice of proposed                                                                              for the AD.
                                                  rulemaking (NPRM) to amend 14 CFR                         We gave the public the opportunity to                  As stated previously, UPS commented
                                                  part 39 by adding an AD that would                      participate in developing this AD. The                that: ‘‘The proposed wording, being
                                                  apply to all Airbus Model A300 series                   following presents the comments                       specific to repairs, eliminates the
                                                  airplanes, Model A300 B4–600, B4–                       received on the NPRM (79 FR 19296,                    interpretation that Airbus messages are
                                                  600R, and F4–600R series airplanes, and                 April 8, 2014) and the FAA’s response                 acceptable for approving minor
                                                  Model A300 C4–605R Variant F                            to each comment.                                      deviations (corrective actions) needed
                                                  airplanes (collectively called Model                    Request To Remove AD Reference in                     during accomplishment of an AD
                                                  A300–600 series airplanes). The NPRM                    Repair Approvals                                      mandated Airbus service bulletin.’’ This
                                                  published in the Federal Register on                                                                          comment has made the FAA aware that
                                                                                                             United Parcel Service (UPS) asked                  some operators have misunderstood or
                                                  April 8, 2014 (79 FR 19296).                            that we remove the requirement to
                                                    The European Aviation Safety Agency                                                                         misinterpreted the Airworthy Product
                                                                                                          include the AD reference in repair                    paragraph to allow the owner/operator
                                                  (EASA), which is the Technical Agent
                                                                                                          approvals, as specified in paragraph                  to use messages provided by the
                                                  for the Member States of the European
                                                                                                          (g)(1) of the proposed AD (79 FR 19296,               manufacturer as approval of deviations
                                                  Union, has issued EASA Airworthiness
                                                                                                          April 8, 2014), which states ‘‘For a                  during the accomplishment of an AD-
                                                  Directive 2013–0193, dated August 23,
                                                                                                          repair to be approved, the repair must                mandated action. The Airworthy
                                                  2013 (referred to after this as the
                                                                                                          specifically refer to this AD.’’ UPS                  Product paragraph does not approve
                                                  Mandatory Continuing Airworthiness
                                                                                                          stated the following: ‘‘The proposed                  messages or other information provided
                                                  Information, or ‘‘the MCAI’’), to correct
                                                                                                          wording, being specific to repairs,                   by the manufacturer for deviations to
                                                  an unsafe condition for all Airbus
                                                                                                          eliminates the interpretation that Airbus             the requirements of the AD-mandated
                                                  Model A300 series airplanes, Model
                                                                                                          messages are acceptable for approving                 actions. The Airworthy Product
                                                  A300 B4–600, B4–600R, and F4–600R
                                                                                                          minor deviations (corrective actions)                 paragraph only addresses the
                                                  series airplanes, and Model A300 C4–
                                                                                                          needed during accomplishment of a                     requirement to contact the manufacturer
                                                  605R Variant F airplanes (collectively
                                                                                                          mandated Airbus service bulletin.’’ UPS               for corrective actions for the identified
                                                  called Model A300–600 series
                                                                                                          added that this will result in an increase            unsafe condition and does not cover
                                                  airplanes). The MCAI states:
                                                                                                          in alternative method of compliance                   deviations from other AD requirements.
                                                    During a scheduled maintenance check on               (AMOC) requests.                                      However, deviations to AD-required
                                                  an A300 aeroplane, chafing was found on the                We agree with the commenter’s                      actions are addressed in 14 CFR 39.17,
                                                  surge tank overflow sensor harness. The                 request to remove the requirement that                and anyone may request the approval
                                                  harness was found to contact the Magnetic
                                                                                                          repair approvals specifically refer to this           for an alternative method of compliance
                                                  Fuel Level Indicator (MFLI) canister.
                                                    Prompted by these findings, DGAC                      AD, from this AD.                                     to the AD-required actions using the
                                                  [Direction Générale de l’Aviation Civile]                Since late 2006, we have included a                procedures found in 14 CFR 39.19.
                                                  France issued [(http://ad.easa.europa.eu/               standard paragraph titled ‘‘Airworthy                    To address this misunderstanding and
                                                  blob/easa_ad_1999_404_293.pdf/AD_1999-                  Product’’ in all MCAI ADs in which the                misinterpretation of the Airworthy
                                                  404-293)] to require modification of the                FAA develops an AD based on a foreign                 Product paragraph, we have changed
                                                  harness routing in accordance with the                  authority’s AD. The MCAI or referenced                that paragraph and retitled it
                                                  instructions of Airbus SB [service bulletin]            service information in an FAA AD often                ‘‘Contacting the Manufacturer.’’ This
                                                  A300–28–0058 or SB A300–28–6020, as                     directs the owner/operator to contact                 paragraph now clarifies that for any
                                                  applicable to aeroplane model.
                                                    Since that [DGAC] AD was issued,
                                                                                                          the manufacturer for corrective actions,              requirement in this AD to obtain
                                                  maintenance work on modified A300–600                   such as a repair. Briefly, the Airworthy              corrective actions from a manufacturer,
                                                  aeroplanes revealed some chafing of the                 Product paragraph allowed owners/                     the actions must be accomplished using
                                                  harness, creating a potential contact between           operators to use corrective actions                   a method approved by the FAA, EASA,
                                                  the electrical wire and fuel tank structure.            provided by the manufacturer if those                 or Airbus’s EASA DOA.
                                                  Investigations have shown that although                 actions were FAA-approved. In                            The Contacting the Manufacturer
                                                  measures were taken to prevent contact of the                                                                 paragraph also clarifies that, if approved
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                                                                                                          addition, the paragraph stated that any
                                                  harness with the MFLI (through modification             actions approved by the State of Design               by the DOA, the approval must include
                                                  04489), the installation can be subject to                                                                    the DOA-authorized signature. The DOA
                                                  human error. As the MFLI is integral to the
                                                                                                          Authority (or its delegated agent) are
                                                  access panel in this location, any potential            considered to be FAA-approved.                        signature indicates that the data and
                                                  contact with the harness (as a result of                   In the NPRM (79 FR 19296, April 8,                 information contained in the document
                                                  incorrect installation) is hidden.                      2014), we proposed to prevent the use                 are EASA-approved, which is also FAA-
                                                    This condition, if not detected and                   of repairs that were not specifically                 approved. Messages and other
                                                  corrected, could lead to electrical arcing,             developed to correct the unsafe                       information provided by the


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                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                         11103

                                                  manufacturer, that do not contain the                   Request To Extend the Compliance                      actions), cannot be used to accomplish
                                                  DOA-authorized signature approval are                   Time                                                  the proposed actions. However, FedEx
                                                  not EASA-approved, unless EASA                             UPS asked that we extend the                       Express noted that six of its airplanes
                                                  directly approves the manufacturer’s                    compliance time specified in paragraph                have the production in-tank fuel
                                                  message or other information.                           (g) of the proposed AD (79 FR 19296,                  quantity system installed, and the
                                                                                                          April 8, 2014) from 30 to 36 months.                  referenced service information can be
                                                     This clarification does not remove
                                                                                                          UPS stated that it expects to accomplish              used for those airplanes. FedEx Express
                                                  flexibility previously afforded by the
                                                                                                          the inspection during its existing                    stated that the UTC Aerospace Systems
                                                  Airworthy Product paragraph.
                                                                                                          C-check interval, which is 30 months.                 service bulletin has not been issued yet;
                                                  Consistent with long-standing FAA                                                                             however, after issuance it should be
                                                  policy, such flexibility was never                      UPS added that in order to perform the
                                                                                                                                                                included in the NPRM as a source of
                                                  intended for required actions. This is                  inspection and repair at its major
                                                                                                                                                                service information for accomplishing
                                                  also consistent with the                                maintenance facility during C-checks, it
                                                                                                                                                                the proposed actions in order to mitigate
                                                  recommendation of the Airworthiness                     requires an additional 6 months to allow
                                                                                                                                                                the unsafe condition.
                                                  Directive Implementation Aviation                       for planning, preparation, and                           We partially agree with the
                                                  Rulemaking Committee to increase                        prototyping of the service information.               commenter. We agree that airplanes that
                                                  flexibility in complying with ADs by                    UPS noted that this additional time is                have had the in-tank fuel quantity
                                                  identifying those actions in                            for the prototyping effort necessary                  system modified by STC ST00092BO
                                                  manufacturers’ service instructions that                when a project is initiated; UPS has                  (http://rgl.faa.gov/Regulatory_and_
                                                  are ‘‘Required for Compliance’’ with                    determined that service information is                Guidance_Library/rgstc.nsf/0/
                                                  ADs. We continue to work with                           often revised during accomplishment of                D41C5AE8E46B4901862574900069E
                                                  manufacturers to implement this                         the required actions, which makes it                  004?OpenDocument&Highlight=
                                                  recommendation. But once we                             difficult to maintain regular                         st00092bo) cannot accomplish the
                                                  determine that an action is required, any               maintenance schedules. Therefore, UPS                 actions proposed in the NPRM (79 FR
                                                  deviation from the requirement must be                  must schedule special visit check lines               19296, April 8, 2014) by using Airbus
                                                  approved as an AMOC.                                    for accomplishing the actions.                        Service Bulletin A300–28–6109,
                                                                                                             We do not agree with the commenter’s               Revision 01, dated December 20, 2013.
                                                     Commenters to an NPRM having                         request to extend the compliance time.                Since the issuance of the NPRM, UTC
                                                  Directorate Identifier 2012–NM–101–AD                   In developing an appropriate                          Aerospace Systems has issued service
                                                  (78 FR 78285, December 26, 2013)                        compliance time for this action, we                   bulletin 300723–28–03 (V–1577), dated
                                                  pointed out that in many cases the                      considered the safety implications, parts             October 10, 2014, to address the unsafe
                                                  foreign manufacturer’s service bulletin                 availability, and normal maintenance                  condition for airplanes that have been
                                                  and the foreign authority’s MCAI may                    schedules for the timely                              modified by supplemental type
                                                  have been issued some time before the                   accomplishment of the inspection and                  certificate ST00092BO.
                                                  FAA AD. Therefore, the DOA may have                     subsequent modification. In                              We do not agree to revise this AD to
                                                  provided U.S. operators with an                         consideration of these items, as well as              require UTC Aerospace Systems Service
                                                  approved repair, developed with full                    the possibility of chafing of the overflow            Bulletin 300723–28–03 (V–1577), dated
                                                  awareness of the unsafe condition,                      sensor harness, we have determined that               October 10, 2014. Instead, we are
                                                  before the FAA AD is issued. Under                      a 30-month compliance time will ensure                considering separate rulemaking to
                                                  these circumstances, to comply with the                 an acceptable level of safety and allow               require the procedures and compliance
                                                  FAA AD, the operator would be                           the modification to be done during                    time specified in UTC Aerospace
                                                  required to go back to the                              scheduled maintenance intervals for                   Systems Service Bulletin 300723–28–03
                                                  manufacturer’s DOA and obtain a new                     most affected operators. However, under               (V–1577), dated October 10, 2014, for
                                                  approval document, adding time and                      the provisions of paragraph (j)(1) of this            airplanes modified by STC ST00092BO.
                                                  expense to the compliance process with                  AD, we will consider requests for                     Therefore, we have revised paragraph
                                                  no safety benefit.                                      approval of an extension of the                       (c) of this AD by removing airplanes
                                                     Based on these comments, we                          compliance time if sufficient data are                modified by STC ST00092BO from the
                                                  removed the requirement from this AD                    submitted to substantiate that the new                applicability of this AD.
                                                  that the DAH-provided repair                            compliance time would provide an
                                                                                                          acceptable level of safety. We have not               Request To Include Revised Service
                                                  specifically refer to this AD. Before                                                                         Information
                                                  adopting such a requirement in the                      changed this AD in this regard.
                                                                                                                                                                   FedEx Express asked that Revision 02
                                                  future, the FAA will coordinate with                    Request To Include Another Source of                  of Airbus Service Bulletin A300–28–
                                                  affected DAHs and verify they are                       Service Information                                   6109 be included for accomplishing the
                                                  prepared to implement means to ensure                     FedEx Express asked that we allow                   actions in the NPRM (79 FR 19296,
                                                  that their repair approvals consider the                the use of UTC Aerospace Systems                      April 8, 2014) before the final rule is
                                                  unsafe condition addressed in an AD.                    Service Bulletin V–1577 for                           issued. FedEx Express stated that it
                                                  Any such requirements will be adopted                   accomplishing the actions in the NPRM                 reviewed Airbus Service Bulletin A300–
                                                  through the normal AD rulemaking                        (79 FR 19296, April 8, 2014). FedEx                   28–6109, Revision 01, dated December
                                                  process, including notice-and-comment                   Express stated that it operates 71 Airbus             20, 2013, and submitted its findings to
                                                  procedures, when appropriate.                           Model A300–600 series airplanes, and                  Airbus for incorporation into upcoming
                                                     We also have decided not to include                  65 of those airplanes have had the in-
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                                                                                                                                                                Revision 02 before issuance. FedEx
                                                  a generic reference to either the                       tank fuel quantity system modified by a               Express added that its intent in doing so
                                                  ‘‘delegated agent’’ or the ‘‘DAH with                   certain supplemental type certificate                 was to prevent future requests for
                                                  State of Design Authority design                        (STC), which means Airbus Service                     AMOCs to the FAA.
                                                  organization approval,’’ but instead we                 Bulletin A300–28–6109, Revision 01,                      We disagree with the commenter’s
                                                  have provided the specific delegation                   dated December 20, 2013 (referred to as               request to include Revision 02 of Airbus
                                                  approval granted by the State of Design                 the appropriate source of service                     Service Bulletin A300–28–6109. We are
                                                  Authority for the DAH.                                  information for accomplishing the                     aware that Airbus is considering


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                                                  11104               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                  revising Airbus Service Bulletin A300–                  how EASA implements the RC concept                    figures, we estimate the cost of this
                                                  28–6109, Revision 01, dated December                    in its ADs.                                           modification on U.S. operators to be
                                                  20, 2013, to incorporate feedback                          We split paragraph (j)(1) and                      $186,960, or $1,520 per product.
                                                  received from FedEx Express in the                      redesignated the content as paragraphs                   We have received no definitive data
                                                  Accomplishment Instructions of the                      (j)(1) and (j)(1)(i) of this AD, and added            that would enable us to provide cost
                                                  service bulletin. We will consider                      paragraph (j)(1)(ii) to this AD to reflect            estimates for the on-condition repairs
                                                  approving Revision 02 of Airbus Service                 information concerning the RC concept                 specified in this AD.
                                                  Bulletin A300–28–6109 as an AMOC to                     and to explain when it is necessary to
                                                                                                                                                                Authority for This Rulemaking
                                                  the actions specified in paragraphs (g)                 request approval of an AMOC.
                                                  and (h) of this AD, once this service                                                                            Title 49 of the United States Code
                                                                                                          Clarification of Inspection Type                      specifies the FAA’s authority to issue
                                                  bulletin is released. However, we find
                                                  that delaying this AD action would be                     Paragraph (g) of this AD has been                   rules on aviation safety. Subtitle I,
                                                  inappropriate in light of the urgency of                revised to clarify the inspection type as             section 106, describes the authority of
                                                  the identified unsafe condition.                        a one-time general visual inspection.                 the FAA Administrator. ‘‘Subtitle VII:
                                                  Therefore, no change has been made to                                                                         Aviation Programs,’’ describes in more
                                                                                                          Conclusion
                                                  this AD in this regard.                                                                                       detail the scope of the Agency’s
                                                                                                            We reviewed the relevant data,                      authority.
                                                  Request To Clarify the ‘‘Required for                   considered the comments received, and                    We are issuing this rulemaking under
                                                  Compliance’’ Instructions                               determined that air safety and the                    the authority described in ‘‘Subtitle VII,
                                                     FedEx Express asked for clarification                public interest require adopting this AD              Part A, Subpart III, Section 44701:
                                                  as to whether the Required for                          with the changes described previously                 General requirements.’’ Under that
                                                  Compliance (RC) note identified in the                  and minor editorial changes. We have                  section, Congress charges the FAA with
                                                  Accomplishment Instructions of Airbus                   determined that these changes:                        promoting safe flight of civil aircraft in
                                                  Service Bulletin A300–28–6109,                            • Are consistent with the intent that               air commerce by prescribing regulations
                                                  Revision 01, dated December 20, 2013,                   was proposed in the NPRM (79 FR                       for practices, methods, and procedures
                                                  is applicable to the actions specified in               19296, April 8, 2014) for correcting the              the Administrator finds necessary for
                                                  the NPRM (79 FR 19296, April 8, 2014)                   unsafe condition; and                                 safety in air commerce. This regulation
                                                  and EASA Airworthiness Directive                          • Do not add any additional burden                  is within the scope of that authority
                                                  2013–0193, dated August 23, 2013.                       upon the public than was already                      because it addresses an unsafe condition
                                                                                                          proposed in the NPRM (79 FR 19296,                    that is likely to exist or develop on
                                                     We acknowledge the commenter’s
                                                                                                          April 8, 2014).                                       products identified in this rulemaking
                                                  concern and provide the following
                                                                                                            We also determined that these                       action.
                                                  clarification:
                                                                                                          changes will not increase the economic
                                                     The FAA worked in conjunction with                   burden on any operator or increase the                Regulatory Findings
                                                  industry, under the Airworthiness                       scope of this AD.                                       We determined that this AD will not
                                                  Directives Implementation Aviation                                                                            have federalism implications under
                                                  Rulemaking Committee (ARC), to                          Related Service Information Under
                                                                                                                                                                Executive Order 13132. This AD will
                                                  enhance the AD system. One                              1 CFR Part 51
                                                                                                                                                                not have a substantial direct effect on
                                                  enhancement is a new process for                          We reviewed Airbus Mandatory                        the States, on the relationship between
                                                  annotating which steps in the service                   Service Bulletins A300–28–0091, dated                 the national government and the States,
                                                  information are ‘‘required for                          March 5, 2013; and A300–28–6109,                      or on the distribution of power and
                                                  compliance’’ with an AD. Differentiating                Revision 01, dated December 20, 2013.                 responsibilities among the various
                                                  these steps from other tasks in the                     This service information describes                    levels of government.
                                                  service information is expected to                      procedures for a one-time inspection for                For the reasons discussed above, I
                                                  improve an owner’s and operator’s                       chafing of the overflow sensor harness,               certify that this AD:
                                                  understanding of AD requirements and                    and contacting the manufacturer for                     1. Is not a ‘‘significant regulatory
                                                  help provide consistent judgment in AD                  repair instructions. This service                     action’’ under Executive Order 12866;
                                                  compliance. In response to the AD                       information also describes modification                 2. Is not a ‘‘significant rule’’ under the
                                                  Implementation ARC, the FAA released                    of the sensor harness. This service                   DOT Regulatory Policies and Procedures
                                                  AC 20–176, Revision A, dated June 16,                   information is reasonably available; see              (44 FR 11034, February 26, 1979);
                                                  2014, (http://rgl.avs.faa.gov/Regulatory_               ADDRESSES for ways to access this                       3. Will not affect intrastate aviation in
                                                  and_Guidance_Library/rgAdvisory                         service information.                                  Alaska; and
                                                  Circular.nsf/0/a78cc91a47b192278                                                                                4. Will not have a significant
                                                  625796b0075f419/$FILE/AC%2020-                          Costs of Compliance                                   economic impact, positive or negative,
                                                  176.pdf); and Order 8110.117 (http://                     We estimate that this AD affects 123                on a substantial number of small entities
                                                  rgl.avs.faa.gov/Regulatory_and_                         airplanes of U.S. registry.                           under the criteria of the Regulatory
                                                  Guidance_Library/rgOrders.nsf/0/                          We also estimate that it takes about 3              Flexibility Act.
                                                  984bb9eb07cdd86986257a7f0070744c/                       work-hours per product to comply with
                                                  $FILE/Order%208110.117.pdf), which                      the inspection required by this AD. The               Examining the AD Docket
                                                  include the concept of RC. The FAA has                  average labor rate is $85 per work-hour.                 You may examine the AD docket on
                                                  begun implementing this concept in                      Based on these figures, we estimate the               the Internet at http://
                                                  ADs when we receive service                                                                                   www.regulations.gov/#!docket
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                                                                                                          cost of this inspection on U.S. operators
                                                  information containing RC steps.                        to be $31,365, or $255 per product.                   Detail;D=FAA-2014-0189; or in person
                                                  Therefore, the RC note does apply to the                  We estimate that it takes about 12                  at the Docket Management Facility
                                                  actions required by this AD when using                  work-hours per product to comply with                 between 9 a.m. and 5 p.m., Monday
                                                  Airbus Service Bulletin A300–28–6109,                   the modification requirements of this                 through Friday, except Federal holidays.
                                                  Revision 01, dated December 20, 2013,                   AD. The average labor rate is $85 per                 The AD docket contains this AD, the
                                                  to accomplish the required actions. We                  work-hour. Required parts cost about                  regulatory evaluation, any comments
                                                  do not have information concerning                      $500 per product. Based on these                      received, and other information. The


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                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                               11105

                                                  street address for the Docket Operations                (f) Compliance                                        2013, which is not incorporated by reference
                                                  office (telephone 800–647–5527) is in                      Comply with this AD within the                     in this AD.
                                                  the ADDRESSES section.                                  compliance times specified, unless already            (j) Other FAA AD Provisions
                                                                                                          done.
                                                  List of Subjects in 14 CFR Part 39                                                                               The following provisions also apply to this
                                                                                                          (g) One-Time Inspection and Repair                    AD:
                                                    Air transportation, Aircraft, Aviation                                                                         (1) Alternative Methods of Compliance
                                                  safety, Incorporation by reference,                        Within 30 months after the effective date
                                                                                                          of this AD: Perform a one-time general visual         (AMOCs): The Manager, International
                                                  Safety.                                                 inspection for chafing of the outer tank              Branch, ANM–116, Transport Airplane
                                                  Adoption of the Amendment                               sensor harness between ribs 26 and 27, in             Directorate, FAA, has the authority to
                                                                                                          accordance with the Accomplishment                    approve AMOCs for this AD, if requested
                                                    Accordingly, under the authority                      Instructions of Airbus Service Bulletin A300–         using the procedures found in 14 CFR 39.19.
                                                  delegated to me by the Administrator,                   28–0091, dated March 5, 2013 (for Model               In accordance with 14 CFR 39.19, send your
                                                  the FAA amends 14 CFR part 39 as                        A300 series airplanes); or Airbus Service             request to your principal inspector or local
                                                  follows:                                                Bulletin A300–28–6109, Revision 01, dated             Flight Standards District Office, as
                                                                                                          December 20, 2013 (for Model A300–600                 appropriate. If sending information directly
                                                  PART 39—AIRWORTHINESS                                   series airplanes);                                    to the International Branch, send it to ATTN:
                                                  DIRECTIVES                                                 (1) If any previous repairs are identified, or     Dan Rodina, Aerospace Engineer,
                                                                                                          if braid and wire insulation is found                 International Branch, ANM–116, Transport
                                                  ■ 1. The authority citation for part 39                 damaged with the conductor exposed during             Airplane Directorate, FAA, 1601 Lind
                                                  continues to read as follows:                           the inspection required by the introductory           Avenue SW., Renton, WA 98057–3356;
                                                                                                          text of paragraph (g) of this AD: Before              phone: 425–227–2125; fax: 425–227–1149.
                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.          further flight, repair using a method                 Information may be emailed to: 9-ANM-116-
                                                                                                          approved by the Manager, International                AMOC-REQUESTS@faa.gov.
                                                  § 39.13   [Amended]
                                                                                                          Branch, ANM–116, Transport Airplane                      (i) Before using any approved AMOC,
                                                  ■ 2. The FAA amends § 39.13 by adding                   Directorate, FAA; or the European Aviation            notify your appropriate principal inspector,
                                                  the following new airworthiness                         Safety Agency (EASA); or Airbus’s EASA                or lacking a principal inspector, the manager
                                                  directive (AD):                                         Design Organization Approval (DOA).                   of the local flight standards district office/
                                                  2015–03–03 Airbus: Amendment 39–18099.                     (2) If the braid and wire insulation is found      certificate holding district office. The AMOC
                                                      Docket No. FAA–2014–0189; Directorate               damaged without the conductor exposed                 approval letter must specifically reference
                                                      Identifier 2013–NM–181–AD.                          during the inspection required by the                 this AD.
                                                                                                          introductory text of paragraph (g) of this AD:           (ii) Except as required by paragraph (g)(1)
                                                  (a) Effective Date                                      Before further flight, repair, in accordance          of this AD: If the service information contains
                                                    This AD becomes effective April 6, 2015.              with the Accomplishment Instructions of               procedures or tests that are identified as RC
                                                                                                          Airbus Service Bulletin A300–28–0091,                 (Required for Compliance), those procedures
                                                  (b) Affected ADs                                        dated March 5, 2013 (for Model A300 series            and tests must be done to comply with this
                                                    None.                                                 airplanes); or Airbus Service Bulletin A300–          AD; any procedures and tests that are not
                                                                                                          28–6109, Revision 01, dated December 20,              identified as RC are recommended. Those
                                                  (c) Applicability                                       2013 (for Model A300–600 series airplanes).           procedures and tests that are not identified
                                                     This AD applies to the Airbus airplanes                                                                    as RC may be deviated from using accepted
                                                                                                          (h) Modification                                      methods in accordance with the operator’s
                                                  specified in paragraphs (c)(1), (c)(2), (c)(3),
                                                  (c)(4), and (c)(5) of this AD, certificated in             (1) For airplanes on which no damage was           maintenance or inspection program without
                                                  any category, all manufacturer serial                   found during the inspection required by the           obtaining approval of an AMOC, provided
                                                  numbers; except for airplanes modified by               introductory text of paragraph (g) of this AD:        the procedures and tests identified as RC can
                                                  supplemental type certificate ST00092BO                 Before further flight, install modified and           be done and the airplane can be put back in
                                                  (http://rgl.faa.gov/Regulatory_and_                     error-proof angle brackets to stringer 15             a serviceable condition. Any substitutions or
                                                  Guidance_Library/rgstc.nsf/0/                           between ribs 26 and 27 of the outer tank              changes to procedures or tests identified as
                                                  D41C5AE8E46B4901862574900069E                           sensor harness, in accordance with the                RC require approval of an AMOC.
                                                  004?OpenDocument&Highlight=st00092bo).                  Accomplishment Instructions of Airbus                    (2) Contacting the Manufacturer: For any
                                                     (1) Model A300 B2–1A, B2–1C, B2K–3C,                 Service Bulletin A300–28–0091, dated March            requirement in this AD to obtain corrective
                                                  B2–203, B4–2C, B4–103, and B4–203                       5, 2013 (for Model A300 series airplanes); or         actions from a manufacturer, the action must
                                                  airplanes.                                              Airbus Service Bulletin A300–28–6109,                 be accomplished using a method approved
                                                     (2) Model A300 B4–601, B4–603, B4–620,               Revision 01, dated December 20, 2013 (for             by the Manager, International Branch, ANM–
                                                  and B4–622 airplanes.                                   Model A300–600 series airplanes).                     116, Transport Airplane Directorate, FAA; or
                                                     (3) Model A300 B4–605R and B4–622R                      (2) For airplanes on which any damage was          the EASA; or Airbus’s EASA DOA. If
                                                  airplanes.                                              found during the inspection required by the           approved by the DOA, the approval must
                                                     (4) Model A300 F4–605R and F4–622R                   introductory text of paragraph (g) of this AD,        include the DOA-authorized signature.
                                                  airplanes.                                              and the applicable repair required by
                                                                                                          paragraph (g)(1) or (g)(2) of this AD has been        (k) Related Information
                                                     (5) Model A300 C4–605R Variant F
                                                  airplanes.                                              done: Before further flight, install modified           (1) Refer to Mandatory Continuing
                                                                                                          and error-proof angle brackets to stringer 15         Airworthiness Information (MCAI) EASA
                                                  (d) Subject                                             between ribs 26 and 27 of the outer tank              Airworthiness Directive 2013–0193, dated
                                                    Air Transport Association (ATA) of                    sensor harness, in accordance with the                August 23, 2013, for related information.
                                                  America Code 28, Fuel.                                  Accomplishment Instructions of Airbus                 This MCAI may be found in the AD docket
                                                                                                          Service Bulletin A300–28–0091, dated March            on the Internet at http://
                                                  (e) Reason                                              5, 2013 (for Model A300 series airplanes); or         www.regulations.gov/
                                                     This AD was prompted by a report of                  Airbus Service Bulletin A300–28–6109,                 #!documentDetail;D=FAA-2014-0189-0002.
                                                  chafing found on the overflow sensor harness            Revision 01, dated December 20, 2013 (for               (2) Service information identified in this
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                                                  of the surge tank, and subsequent contact               Model A300–600 series airplanes).                     AD that is not incorporated by reference is
                                                  between the electrical wiring and fuel tank                                                                   available at the addresses specified in
                                                  structure. We are issuing this AD to prevent            (i) Credit for Previous Actions                       paragraphs (l)(3) and (l)(4) of this AD.
                                                  chafing of the harness and subsequent                      This paragraph provides credit for actions
                                                  contact between the electrical wiring and fuel          required by paragraphs (g) and (h) of this AD,        (l) Material Incorporated by Reference
                                                  tank structure, which could result in                   if those actions were performed before the               (1) The Director of the Federal Register
                                                  electrical arcing and a fuel tank explosion             effective date of this AD using Airbus Service        approved the incorporation by reference
                                                  and consequent loss of the airplane.                    Bulletin A300–28–6109, dated March 5,                 (IBR) of the service information listed in this



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                                                  11106               Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               Background                                            it returns restricted airspace that is no
                                                  part 51.                                                                                                      longer needed for its designated purpose
                                                     (2) You must use this service information              Restricted area R–2936, West Palm
                                                                                                          Beach, FL, was established to contain                 to the NAS in the West Palm Beach, FL
                                                  as applicable to do the actions required by                                                                   area.
                                                  this AD, unless this AD specifies otherwise.            test firings of components for the main
                                                     (i) Airbus Service Bulletin A300–28–0091,            engines of the Space Shuttle (55 FR                   Environmental Review
                                                  dated March 5, 2013.                                    5981) May 3, 1990. During test firings,
                                                     (ii) Airbus Service Bulletin A300–28–6109,
                                                                                                                                                                  The FAA has determined that this
                                                                                                          hydrogen gas was released through an                  action qualifies for categorical exclusion
                                                  Revision 01, dated December 20, 2013.                   exhaust stack generating significant
                                                     (3) For service information identified in                                                                  under the National Environmental
                                                                                                          turbulence and high air temperatures                  Policy Act in accordance with FAA
                                                  this AD, contact Airbus, Airworthiness
                                                  Office—EAW, 1 Rond Point Maurice
                                                                                                          that could be hazardous to aircraft up to             Order 1050.1E, Environmental Impacts:
                                                  Bellonte, 31707 Blagnac Cedex, France;                  10,000 feet. The restricted area using                Policies and Procedures, paragraph
                                                  telephone +33 5 61 93 36 96; fax +33 5 61               agency informed the FAA there are no                  311c. This action returns restricted
                                                  93 44 51; email account.airworth-eas@                   plans for further hazardous testing in                airspace to the National Airspace
                                                  airbus.com; Internet http://www.airbus.com.             the area. Therefore, the FAA is taking                System. It is not expected to cause any
                                                     (4) You may view this service information            this action to remove restricted area R–
                                                  at the FAA, Transport Airplane Directorate,
                                                                                                                                                                potentially significant environmental
                                                                                                          2936.                                                 impacts, and no extraordinary
                                                  1601 Lind Avenue SW., Renton, WA. For
                                                  information on the availability of this                 The Rule                                              circumstances exist that warrant
                                                  material at the FAA, call 425–227–1221.                                                                       preparation of an environmental
                                                                                                             This action amends Title 14 Code of
                                                     (5) You may view this service information                                                                  assessment.
                                                  that is incorporated by reference at the
                                                                                                          Federal Regulations (14 CFR) part 73 by
                                                  National Archives and Records                           removing restricted area R–2936, West                 List of Subjects in 14 CFR Part 73
                                                  Administration (NARA). For information on               Palm Beach, FL. The using agency                        Airspace, Prohibited areas, Restricted
                                                  the availability of this material at NARA, call         notified the FAA that they no longer                  areas.
                                                  202–741–6030, or go to: http://                         require the restricted area for hazardous
                                                  www.archives.gov/federal-register/cfr/ibr-              activities.                                           Adoption of the Amendment
                                                  locations.html.                                            Because this action removes restricted               In consideration of the foregoing, the
                                                     Issued in Renton, Washington, on February            airspace no longer needed, and returns                Federal Aviation Administration
                                                  2, 2015.                                                the airspace to the NAS, I find that                  amends 14 CFR part 73, as follows:
                                                  Jeffrey E. Duven,                                       notice and public procedure under 5
                                                  Manager, Transport Airplane Directorate,                U.S.C. 553(b) is unnecessary.                         PART 73—SPECIAL USE AIRSPACE
                                                  Aircraft Certification Service.                            The FAA has determined that this
                                                                                                          action only involves an established                   ■ 1. The authority citation for part 73
                                                  [FR Doc. 2015–02676 Filed 2–27–15; 8:45 am]
                                                                                                          body of technical regulations for which               continues to read as follows:
                                                  BILLING CODE 4910–13–P
                                                                                                          frequent and routine amendments are                     Authority: 49 U.S.C. 106(g), 40103, 40113,
                                                                                                          necessary to keep them operationally                  40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
                                                                                                          current. Therefore, this regulation: (1) Is           1963 Comp., p. 389.
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          not a ‘‘significant regulatory action’’               § 73.29    [Amended]
                                                  Federal Aviation Administration                         under Executive Order 12866; (2) is not
                                                                                                          a ‘‘significant rule’’ under DOT                      ■ 2. Section 73.29 is amended as
                                                  14 CFR Part 73                                          Regulatory Policies and Procedures (44                follows:
                                                                                                          FR 11034; February 26, 1979); and (3)                 *     *    *     *     *
                                                  [Docket No. FAA–2015–0264; Airspace
                                                                                                          does not warrant preparation of a                     R–2936 West Palm Beach, FL
                                                  Docket No. 15–ASO–1]
                                                                                                          regulatory evaluation as the anticipated              [Removed]
                                                  RIN 2120–AA66                                           impact is so minimal. Since this is a
                                                                                                          routine matter that only affects air traffic            Issued in Washington, DC, on February 19,
                                                  Revocation of Restricted Area R–2936,                   procedures and air navigation, it is                  2015.
                                                  West Palm Beach, FL                                     certified that this rule, when                        Gary A. Norek,
                                                                                                          promulgated, does not have a significant              Manager, Airspace Policy and Regulations
                                                  AGENCY:  Federal Aviation
                                                                                                          economic impact on a substantial                      Group.
                                                  Administration (FAA), DOT.
                                                                                                          number of small entities under the                    [FR Doc. 2015–04296 Filed 2–27–15; 8:45 am]
                                                  ACTION: Final rule.                                     criteria of the Regulatory Flexibility Act.           BILLING CODE 4910–13–P
                                                  SUMMARY:   This action removes restricted                  The FAA’s authority to issue rules
                                                  area R–2936, West Palm Beach, FL. The                   regarding aviation safety is found in
                                                  using agency informed the FAA they no                   Title 49 of the United States Code.                   DEPARTMENT OF TRANSPORTATION
                                                  longer have a requirement for this area;                Subtitle I, Section 106 describes the
                                                                                                          authority of the FAA Administrator.                   Federal Aviation Administration
                                                  therefore, the airspace is being returned
                                                  to the National Airspace System (NAS).                  Subtitle VII, Aviation Programs,
                                                                                                          describes in more detail the scope of the             14 CFR Part 73
                                                  DATES: Effective date: 0901 UTC, April
                                                                                                          agency’s authority.                                   [Docket No. FAA–2015–0265; Airspace
                                                  30, 2015.                                                  This rulemaking is promulgated                     Docket No. 14–ASW–11]
                                                  FOR FURTHER INFORMATION CONTACT: Paul                   under the authority described in
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                                                  Gallant, Airspace Policy and                            Subtitle VII, Part A, Subpart I, Section              RIN 2120–AA66
                                                  Regulations Group, Office of Airspace                   40103. Under that section, the FAA is
                                                  Services, Federal Aviation                                                                                    Amendment of Restricted Areas R–
                                                                                                          charged with prescribing regulations to
                                                  Administration, 800 Independence                                                                              3801A, R–3801B, and R–3801C; Camp
                                                                                                          assign the use of the airspace necessary
                                                  Avenue SW., Washington, DC 20591;                                                                             Claiborne, LA
                                                                                                          to ensure the safety of aircraft and the
                                                  telephone: (202) 267–8783.                              efficient use of airspace. This regulation            AGENCY:Federal Aviation
                                                  SUPPLEMENTARY INFORMATION:                              is within the scope of that authority as              Administration (FAA), DOT.


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Document Created: 2015-12-18 12:07:26
Document Modified: 2015-12-18 12:07:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD becomes effective April 6, 2015.
ContactDan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-2125; fax: 425-227-1149.
FR Citation80 FR 11101 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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