[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73486-73489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30229]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1232; Directorate Identifier 2011-NM-039-AD;
Amendment 39-16873; AD 2011-24-09]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A340-200 and -300 series airplanes. This AD results from
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
[T]he FAA published SFAR 88 (Special Federal Aviation Regulation
88) [(66 FR 23086, May 7, 2001)].
[[Page 73487]]
By mail referenced 04/00/02/07/01-L296 of March 4th, 2002 and
04/00/02/07/03-L024 of February 3rd, 2003 the JAA [Joint Aviation
Authorities] recommended to the National Aviation Authorities (NAA)
the application of a similar regulation.
The aim of this [EASA] regulation is to require * * * a
definition review against explosion hazards.
* * * * *
This AD requires inspections to verify electrical bonding to prevent
the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane. This AD requires
actions that are intended to address the unsafe condition described in
the MCAI.
DATES: This AD becomes effective December 14, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 14,
2011.
We must receive comments on this AD by January 13, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
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 street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0232, dated November 12, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
[T]he FAA published SFAR 88 (Special Federal Aviation Regulation
88) [(66 FR 23086, May 7, 2001)].
By mail referenced 04/00/02/07/01-L296 of March 4th, 2002 and
04/00/02/07/03-L024 of February 3rd, 2003 the JAA [Joint Aviation
Authorities] recommended to the National Aviation Authorities (NAA)
the application of a similar regulation.
The aim of this regulation is to require all holders of type
certificates for transport aircraft certified after 01 January 1958
with a capacity of 30 passengers or more, or a payload of 3,402 kg
or more, to carry out a definition review against explosion hazards.
To be compliant with SFAR88/JAA INT/POL 25/12 requirements, this
[EASA] AD requires, for operators who have already embodied the
Revision 03 or any previous revision of Airbus SB A340-28-4097 on
aeroplanes which were previously in SB Configurations 02 or 03
[required by FAA AD 2008-25-02, Amendment 39-15760 (73 FR 75307,
December 11, 2008)], an inspection to verify if the electrical
bonding of the water drain system (Trim Tank) and the electrical
bonding of the ventilation intake system were correctly accomplished
or need additional work associated to the aeroplane configuration.
* * * * *
Additional work could involve modifying or installing certain bonding
points (such as pipe clamps, screws, attachment fittings, restrictor
valves, flame arrestors, and pipes); doing electrical bonding of the
wing fuel pumps, the water drain system between certain ribs, a water
drain system and the ventilation intake system; depending on
configuration. The additional work required by this AD is in addition
to the requirements of AD 2008-25-02, Amendment 39-15760 (73 FR 75307,
December 11, 2008). The unsafe condition is the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. You may obtain further information by examining the MCAI in
the AD docket.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires
certain type design (i.e., type certificate (TC) and supplemental type
certificate (STC)) holders to substantiate that their fuel tank systems
can prevent ignition sources in the fuel tanks. This requirement
applies to type design holders for large turbine-powered transport
airplanes and for subsequent modifications to those airplanes. It
requires them to perform design reviews and to develop design changes
and maintenance procedures if their designs do not meet the new fuel
tank safety standards. As explained in the preamble to the rule, we
intended to adopt airworthiness directives to mandate any changes found
necessary to address unsafe conditions identified as a result of these
reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an
associated body of the European Civil Aviation Conference (ECAC)
representing the civil aviation regulatory authorities of a number of
European States who have agreed to co-operate in developing and
implementing common safety regulatory standards and procedures.) Under
this regulation, the JAA stated that all members of the ECAC that hold
type certificates for transport category airplanes are required to
conduct a design review against explosion risks.
We have determined that the actions identified in this AD are
necessary to
[[Page 73488]]
reduce the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
Relevant Service Information
Airbus has issued Mandatory Service Bulletin A340-28-4097, Revision
05, including Appendix 1, dated June 3, 2010. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are 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 the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
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-2011-1232; Directorate
Identifier 2011-NM-039-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 because of
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this 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
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 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.
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 AD:
2011-24-09 Airbus: Amendment 39-16873. Docket No. FAA-2011-1232;
Directorate Identifier 2011-NM-039-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
14, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A340-211, -212, -213, -311,
-312 and -313 airplanes, certificated in any category, all
manufacturer serial numbers, on which Airbus modification 41600 has
been embodied in production and Airbus Service Bulletin A340-28-
4097, dated June 14, 2004; Revision 01, dated March 3, 2005;
Revision 02, dated August 16, 2006; or Revision 03, dated July 3,
2007; has been embodied in service, except airplanes on which Airbus
modification 49135 has been embodied in production.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
[T]he FAA published SFAR 88 (Special Federal Aviation Regulation
88) [(66 FR 23086, May 7, 2001)].
By mail referenced 04/00/02/07/01-L296 of March 4th, 2002 and
04/00/02/07/03-L024 of February 3rd, 2003 the JAA [Joint Aviation
Authorities] recommended to the National Aviation Authorities (NAA)
the application of a similar regulation.
The aim of this [EASA] regulation is to require * * * a
definition review against explosion hazards.
* * * * *
This AD requires inspections to verify electrical bonding to prevent
the potential of ignition sources inside fuel tanks, which, in
[[Page 73489]]
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 24 months after the effective date of this AD, do a
detailed inspection of the electrical bonding for the water drain
system (trim tank) and the ventilation intake system to verify
whether it is equivalent to the electrical bonding done in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A340-28-4097, Revision 05, including Appendix 1,
dated June 3, 2010.
(h) If, during the inspection required by paragraph (g) of this
AD, the electrical bonding of the water drain system and the
ventilation intake system is found to be not equivalent to the
electrical bonding done in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A340-28-4097,
Revision 05, including Appendix 1, dated June 3, 2010: Within 24
months after the effective date of this AD, modify the electrical
bonding associated with the airplane configuration in accordance
with paragraph 3.B.(11) or 3.B.(12), as applicable, of the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A340-28-4097, Revision 05, including Appendix 1, dated June 3, 2010.
(i) A review of the airplane maintenance records is acceptable
in lieu of the inspection required by paragraph (g) of this AD
provided that the accomplishment of the electrical bonding for the
water drain system (trim tank) and the ventilation intake system can
be conclusively identified as performed in accordance with Airbus
Mandatory Service Bulletin A340-28-4097, Revision 05, including
Appendix 1, dated June 3, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(j) 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: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149.
Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(k) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) Airworthiness
Directive 2010-0232, dated November 12, 2010; and Airbus Mandatory
Service Bulletin A340-28-4097, Revision 05, including Appendix 1,
dated June 3, 2010; for related information.
Material Incorporated by Reference
(l) You must use Airbus Mandatory Service Bulletin A340-28-4097,
Revision 05, including Appendix 1, dated June 3, 2010, to do the
actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email [email protected];
Internet http://www.airbus.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call (425) 227-1221.
(4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on November 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30229 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P