[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79292-79295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31042]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-1030; Directorate Identifier 2012-NM-193-AD;
Amendment 39-17712; AD 2013-26-03]
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 superseding airworthiness directive (AD) 2011-24-09
which applied to certain Airbus Model A340-200 and A340-300 series
airplanes. AD 2011-24-09 requires inspections to verify electrical
bonding for the water drain system and ventilation intake system, and
modification if necessary. This new AD requires revising the
maintenance program to incorporate certain maintenance requirements and
airworthiness limitations, and adds additional airplanes to the
applicability. This AD was prompted by a determination that existing
maintenance requirements are not adequate to address the unsafe
condition. We are issuing this AD 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.
DATES: This AD becomes effective January 14, 2014.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 14,
2014.
We must receive comments on this AD by February 13, 2014.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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. 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.
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 MCAI, 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, WA 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 2012-0168, dated August 31, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information or
``the (MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Prompted by an accident [involving a fuel tank system explosion
in flight] * * * the FAA published Special Federal Aviation
Regulation (SFAR) 88 (http://rgl.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/EEFB3F94451DC06286256C93004F5E07?OpenDocument), and the Joint
Aviation Authorities (JAA)
[[Page 79293]]
published Interim Policy INT/POL/25/12. The design review conducted
Airbus to develop Fuel Airworthiness Limitations (FAL) * * * now
referenced in Airbus A330 and A340 Airworthiness Limitations Section
(ALS) Part 5 revision 00 (both approved by EASA on 16 November 2011)
* * *.
Failure to comply with items as identified in Airbus A330 and
A340 ALS Part 5 could result in a fuel tank explosion and consequent
loss of the aeroplane.
To address this condition, EASA issued:
EASA AD 2007-0023 (http://ad.easa.europa.eu/ad/2007-0023) [which
corresponds to FAA AD 2007-14-01, Amendment 39-15123, (72 FR 38006,
July 12, 2007)] to require compliance with FAL specified in the
Airbus A330 FAL Document reference 95A.1932/05 at Issue 02
(comprising maintenance/inspection tasks and Critical Design
Configuration Control Limitations (CDCCL)) for A330 aeroplanes, and
EASA AD 2006-0205 (http://ad.easa.europa.eu/ad/2006-0205) [which
also corresponds to FAA AD 2007-14-01, Amendment 39-15123, (72 FR
38006, July 12, 2007)] to require compliance with FAL specified in
Airbus A340 FAL Document reference 95A.1933/05 at Issue 01
(comprising maintenance/inspection tasks and Critical Design
Configuration Control Limitations (CDCCL)) for Airbus A340
aeroplanes.
* * * other EASA ADs required accomplishment of aeroplane
modifications related to Fuel Tank Safety items, the requirements
and compliance times of which are now integrated into ALS Part 5.
For the reasons described above this [EASA] AD * * * requires
the implementation of the new or more restrictive maintenance
requirements and/or airworthiness limitations as specified in the
revision 00 of * * * Airbus A340 ALS Part 5.
This AD also adds new airplanes to the applicability of this AD. AD
2011-24-09 (76 FR 73486, November 29, 2011) applied to certain Airbus
Model A340-200 and A340-300 series airplanes. This AD applies to all
Airbus Model A340-200, A340-300, A340-500, and A340-600 series
airplanes. We are considering additional rulemaking to address the
Airbus Model A330-200 freighter, A330-200, and A330-300 series
airplanes. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
Airbus has issued A340 Airworthiness Limitations Section (ALS),
Part 5--Fuel Airworthiness Limitations, dated November 16, 2011; and
A340 Variation to revision 00 of ALS Part 5--Fuel Airworthiness
Limitations (FAL), dated January 23, 2012 (variation reference
0FVLG110039/C0S). The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
Related Rulemaking
Certain maintenance requirements specified Airbus A340
Airworthiness Limitations Section (ALS), Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011, are already required by other
ADs. Therefore accomplishing the actions required by this AD will
terminate the requirements of the following ADs for Model A340
airplanes:
AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October
19, 2006);
AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007);
AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December
11, 2008);
AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February
23, 2010; as corrected in the Federal Register on March 3, 2010 (75 FR
9515);
AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011); and
AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).
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.
This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and Critical
Design Configuration Control Limitations (CDCCLs). Compliance with
these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the areas
addressed by these actions, the operator may not be able to accomplish
the actions described in the revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (l)(1) of this
AD. The request should include a description of changes to the required
actions that will ensure the continued operational safety of the
airplane.
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-2013-1030; Directorate
Identifier 2012-NM-193-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.
Costs of Compliance
We estimate that this AD affects 0 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Revise maintenance program.......... 1 work-hour x $85 per $0 $85 $0
hour = $85.
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[[Page 79294]]
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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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 removing the airworthiness directive:
(AD) 2011-24-09, Amendment 39-16873 (76 FR 73486, November 29, 2011),
and adding the following new AD:
2013-26-03 Airbus: Amendment 39-17712. Docket No. FAA-2013-1030;
Directorate Identifier 2012-NM-193-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 14,
2014.
(b) Affected ADs
(1) This AD supersedes AD 2011-24-09, Amendment 39-16873 (76 FR
73486, November 29, 2011).
(2) Certain requirements of this AD terminate the requirements
of the ADs specified in paragraphs (b)(2)(i) through (b)(2)(vi) of
this AD, for Airbus Model A340 airplanes only.
(i) AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19,
2006).
(ii) AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007).
(iii) AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December
11, 2008).
(iv) AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23,
2010; as corrected in the Federal Register on March 3, 2010 (75 FR
9515).
(v) AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011).
(vi) AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).
(c) Applicability
This AD applies to Airbus Model A340-211, A340-212, A340-213,
A340-311, A340-312, A340-313, A340-541, and A340-642 airplanes;
certificated in any category; all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that existing
maintenance requirements are not adequate to address the unsafe
condition. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Maintenance Program Revision
(1) Within 3 months after the effective date of this AD, revise
the maintenance program by incorporating Airbus A340 Airworthiness
Limitations Section (ALS) Part 5--Fuel Airworthiness Limitations,
dated November 16, 2011; and Airbus A340 Variation to revision 00 of
ALS Part 5--Fuel Airworthiness Limitations (FAL), dated January 23,
2012 (variation reference 0FVLG110039/C0S).
(2) Comply with all applicable instructions and airworthiness
limitations included in A340 ALS Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011; and Airbus A340 Variation to
revision 00 of ALS Part 5--Fuel Airworthiness Limitations (FAL),
dated January 23, 2012 (variation reference 0FVLG110039/C0S), except
as required by paragraph (i) of this AD. The initial compliance
times for the actions specified in Airbus A340 Airworthiness
Limitations Section (ALS) Part 5--Fuel Airworthiness Limitations,
dated November 16, 2011, are at the later of the times specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD; except as required
by paragraph (h) of this AD.
(i) Within the applicable compliance times specified in Airbus
A340 Airworthiness Limitations Section (ALS) Part 5--Fuel
Airworthiness Limitations, dated November 16, 2011, including the
Record of Revisions pages of A340 ALS, Part 5--Fuel Airworthiness
Limitations, dated November 16, 2011.
(ii) Within 3 months after accomplishing paragraph (g)(1) of
this AD.
(h) Compliance Time Exception
For the tasks specified in the table in Sub-Part 5-4 Repetitive
Maintenance/Inspections Tasks of Airbus A340 Airworthiness
Limitations Section (ALS) Part 5--Fuel Airworthiness Limitations,
dated November 16, 2011, the initial compliance times are at the
later of the times specified in paragraph (h)(1) and (h)(2) of this
AD.
(1) Before the accumulation of the applicable compliance time
specified in the ``Interval'' column on airplanes identified in the
``Applicability'' column.
(2) Within 3 months after accomplishing paragraph (g)(1) of this
AD.
(i) Exception for Compliance Time for Modification of Control Circuit
Where Airbus A340 ALS Part 5, Fuel Airworthiness Limitations,
dated November 16, 2011, specifies a calendar compliance time for
modifying the control circuit for the fuel pump of the center fuel
tank (for Model A340-200 and A340-300 airplanes), and of the center
and rear center fuel tanks (for Model A340-541 and A340-642
airplanes), and installing ground fault interrupters to the center
tank fuel pump control circuit, the calendar compliance time is
September 18, 2016 (48 months after the effective date of AD 2012-
16-05, Amendment 39-17152 (77 FR 48425, August 14, 2012)).
(j) No Alternative Actions, Intervals, or Critical Design Configuration
Control Limitations (CDCCLs)
After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used, except as defined in paragraphs (h) and (i) of
this AD, or unless the actions, intervals, or CDCCLs are approved as
an alternative method of compliance (AMOC) in accordance with the
[[Page 79295]]
procedures specified in paragraph (l)(1) of this AD.
(k) Terminating Action for Other ADs
Accomplishing the revision required by paragraph (g)(1) of this
AD terminates the requirements of the ADs specified in paragraphs
(k)(1) through (k)(6) of this AD, for Airbus Model A340 airplanes
only.
(1) AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19,
2006).
(2) AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12,
2007).
(3) AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 11,
2008).
(4) AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23,
2010; as corrected in the Federal Register on March 3, 2010 (75 FR
9515).
(5) AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5,
2011).
(6) AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14,
2012).
(l) 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: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 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, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.
(m) Related Information
Refer to Mandatory Continuing Airworthiness Information European
Aviation Safety Agency (EASA) Airworthiness Directive 2012-0168,
dated August 31, 2012, for related information, which can be found
in the AD docket on the Internet at http://www.regulations.gov.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this 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 the AD specifies otherwise.
(i) Airbus A340 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations, Revision 00, dated November 16,
2011. The revision date is not identified on the title page of this
document.
(ii) Airbus A340 Variation to revision 00 of ALS Part 5--Fuel
Airworthiness Limitations (FAL), dated January 23, 2012 (variation
reference 0FVLG110039/C0S).
(3) 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.
(4) 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.
(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 December 11, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31042 Filed 12-27-13; 8:45 am]
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