Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0146, dated July 22, 2015; corrected July 24, 2015, (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Airbus 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); and Airbus Model A310 series airplanes. The MCAI states:
During maintenance, an operator found that one portable oxygen cylinder assembly (POCA) had slipped from its bracket inside a one- frame [overhead stowage compartment] OHSC located near door L1. The investigation results indicated that the POCA had fallen behind the OHSC through a cut-out on the OHSC outboard panel and damaged some electrical wires, resulting in arcing, melted wires, partial burn stains on the POCA and on the inside of the fuselage.
This condition, if not detected and corrected, could possibly result in an uncontrolled fire in the affected area.
To address this potential unsafe condition, Airbus issued [alert operators transmission] AOT A25W003-12, requesting a one-time inspection of the affected POCA installation inside one-frame OHSC, corrective actions, and repetitive checks. Consequently, EASA issued Emergency AD 2012-0032-E to require repetitive inspections of the affected POCA installation(s) inside one-frame OHSC and, depending on findings, the accomplishment of applicable corrective actions(s).
Since that [EASA] AD was issued, it was discovered that more aeroplanes were potentially affected by this unsafe condition. Airbus issued AOT A25W003-12 Revision 1 to inform operators accordingly, and EASA issued AD 2012-0245-E, retaining the requirements of EASA AD 2012-0232E, which was superseded, to add these potentiallyaffected aeroplanes to the Applicability.
Since that [EASA] AD was issued, Airbus issued Service Bulletin (SB) A300-25-6222 and SB A310-25-2210 to improve the POCA installation inside one-frame OHSC.
For the reason described above, this [EASA] AD retains the requirements of EASA AD 2012-0245-E, which is superseded, and requires the installation of a new protection cover as modification of POCA installation inside one-frame OHSC, which constitutes terminating action for the required repetitive [detailed visual inspection] DVI.
This [EASA] AD is republished to correct a typographical error in the Reason.
You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 1180.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of these same type designs.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reason(s) stated above, we find that good cause exists for making this amendment effective in less than 30 days.
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Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2017-1180;Product Identifier 2012-NM-201-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. This AD requires contacting the FAA to obtain instructions for addressing the unsafe condition, and doing the actions specified in those instructions. Based on the actions specified in the MCAI AD, we are providing the following cost estimates for an affected airplane that is placed on the U.S. Register in the future:
Estimated Costs ----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- Inspection.............................. 1 work-hour x $85 per hour $0 $85 per inspection cycle.
= $85 per inspection
cycle. Modification............................ 33 work-hours x $85 per 2,000 4,805.
hour = $2,805. ----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide cost estimates for the repair or replacement specified in this AD. We estimate the following costs to do any necessary on-condition reporting that would be required based on the results of the required action:
On-Condition Costs ----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Reporting..................................... 1 work-hour x $85 per hour = $85 $0 $85 ----------------------------------------------------------------------------------------------------------------
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.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not havea 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.