[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 734-737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31366]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 /
Proposed Rules
[[Page 734]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-049-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-16-
19, for all Airbus Model A330-200 Freighter, -200, and -300 series
airplanes. AD 2014-16-19 currently requires revision of the maintenance
or inspection program to include certain fuel airworthiness
limitations. Since we issued AD 2014-16-19, Airbus has issued more
restrictive fuel airworthiness limitations. This proposed AD would
require revision of the maintenance or inspection program, as
applicable, to include new fuel airworthiness limitations. The proposed
AD also removes certain airplanes from the applicability of AD 2014-16-
19. We are proposing this AD to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by February 21,
2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 NPRM, 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 view this referenced 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9524; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9524;
Directorate Identifier 2016-NM-049-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On August 4, 2014, we issued AD 2014-16-19, Amendment 39-17943 (79
FR 49449, August 21, 2014) (``AD 2014-16-19''). AD 2014-16-19 requires
actions intended to correct an unsafe condition for all Airbus Model
A330-200 Freighter, -200, and -300 series airplanes.
Since we issued AD 2014-16-19, Airbus has issued more restrictive
fuel airworthiness limitations.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0065, dated April 5, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Airbus Model A330-200 Freighter series
airplanes, Model A330-200 series airplanes, Model A330-300 series
airplanes; and Model A340-200 series airplanes, Model A340-300 series
airplanes, Model A340-500 series airplanes, and Model A340-600 series
airplanes. The MCAI states:
Prompted by an accident * * *, the Federal Aviation Authority
(FAA) published Special Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA) published Interim Policy INT/
POL/25/12. A design review was conducted by Airbus to develop Fuel
Airworthiness Limitations (FAL) for Airbus A330 and A340 aeroplanes
in response to these regulations.
The FAL, which are approved by EASA, are defined and published
in Airbus A330 and A340 Airworthiness Limitations Section (ALS)
documents known as Part 5. Failure to comply with these instructions
could result in a fuel tank explosion and consequent loss of the
aeroplane.
EASA issued AD 2012-0168 [which corresponds with FAA AD 2014-16-
19 for Model A330 airplanes, and FAA AD 2013-26-03, Amendment 39-
17712 (78 FR 79292, December 30, 2013) for Model A340 airplanes] to
require compliance with the FAL as specified in the A330 and A340
ALS Part 5 Revision 00.
Since that [EASA] AD was issued, Airbus issued Revision 01 of
both ALS Parts 5 for Airbus A330 and A340 to introduce more
restrictive maintenance requirements and/or airworthiness
limitations.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0168, which is superseded, and requires
accomplishment of the actions
[[Page 735]]
specified in Airbus A330 ALS Part 5 Revision 01, A340 ALS Part 5
Revision 01, as applicable (hereafter collectively referred to as
`the ALS' in this AD).
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9524.
This proposed AD would require 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 this proposed AD, 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 proposed AD. The request should include a description of
changes to the required actions that will ensure the continued damage
tolerance of the affected structure.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A330 Airworthiness Limitations Section
(ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 01, dated
October 28, 2015. The airworthiness limitations introduce more
restrictive fuel airworthiness limitations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Differences Between This Proposed AD and the MCAI or Service
Information
This proposed AD does not include the Airbus Model A340 airplanes
that are specified in the MCAI. We have added the MCAI to the required
airworthiness actions list (RAAL) for the Model A340 airplanes.
The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this proposed AD does
not include that requirement. Operators of U.S.-registered airplanes
are required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. We
consider those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this
proposed AD.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD therefore would apply to Model A330 series
airplanes with an original certificate of airworthiness or original
export certificate of airworthiness that was issued on or before the
date of approval of the ALS revision identified in this proposed AD.
Operators of airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued after that date
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 104 airplanes of U.S.
registry.
The actions required by AD 2014-16-19, and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2014-16-19 is $85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $8,840, or $85 per
product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in
[[Page 736]]
air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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 Airworthiness Directive (AD)
2014-16-19, Amendment 39-17943 (79 FR 49449, August 21, 2014), and
adding the following new AD:
Airbus: Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-
049-AD.
(a) Comments Due Date
We must receive comments by February 21, 2017.
(b) Affected ADs
This AD replaces AD 2014-16-19, Amendment 39-17943 (79 FR 49449,
August 21, 2014) (``AD 2014-16-19'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(3) of this AD, certificated in any category, with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before October 28, 2015.
(1) Airbus Model A330-223F and -243F airplanes.
(2) Airbus Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by the issuance of more restrictive fuel
airworthiness limitations. 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.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance Program Revision and Airworthiness
Limitations Compliance, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2014-16-19, with no changes.
(1) Within 3 months after September 25, 2014 (the effective date
of AD 2014-16-19), revise the maintenance or inspection program, as
applicable, by incorporating Airbus A330 Airworthiness Limitations
Section (ALS) Part 5--Fuel Airworthiness Limitations (FAL), dated
November 16, 2011.
(2) Comply with all applicable instructions and airworthiness
limitations included in Airbus A330 ALS Part 5--FAL, dated November
16, 2011. The initial compliance times for the actions specified in
Airbus A330 ALS Part 5--FAL, 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 paragraphs (h) and (i) of this AD.
(i) Within the applicable compliance times specified in Airbus
A330 ALS Part 5--FAL, dated November 16, 2011.
(ii) Within 3 months after accomplishing the actions required by
paragraph (g)(1) of this AD.
(h) Retained Exceptions to Compliance Times for Design Changes, With
No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2014-16-19, with no changes.
(1) For type design changes specified in ``Sub-part 5-2 Changes
to Type Design,'' of Airbus A330 ALS Part 5--FAL, dated November 16,
2011, the compliance times are defined as ``Embodiment Limits,''
except as defined in paragraph (h)(2) of this AD.
(2) Where Airbus A330 ALS Part 5--FAL, dated November 16, 2011,
specifies a compliance time based on a calendar date for modifying
the control circuit for the fuel pump of the center fuel tank
(installing ground fault interrupters to the center tank fuel pump
control circuit), the compliance date is September 18, 2016 (48
months after the effective date of AD 2012-16-05, Amendment 39-17152
(77 FR 48425, August 14, 2012)).
(i) Retained No Alternative Actions, Intervals, or Critical Design
Configuration Control Limitations (CDCCLs), With Added Exception
This paragraph restates the requirements of paragraph (i) of AD
2014-16-19, with an added exception. Except as required by paragraph
(j) of this AD: After accomplishing the revision required by
paragraph (g)(1) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used; except as specified
in paragraph (h) of this AD; or unless the actions, intervals, or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l)(1) of this
AD.
(j) New Requirement of This AD: Revise the Maintenance or Inspection
Program
Within 3 months after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate
Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015.
The compliance times for accomplishing the initial tasks specified
in Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015,
are at the times specified in Airbus A330 ALS Part 5--FAL, Revision
01, dated October 28, 2015, or within 3 months after revising the
maintenance or inspection program as required by paragraph (j) of
this AD, whichever occurs later. Accomplishing the revision required
by this paragraph terminates the actions required by paragraph (g)
of this AD.
(k) New Requirement of This AD: No Alternative Actions, Intervals, or
CDCCLs
After accomplishing the revision required by paragraph (j) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (l)(1) of this AD.
(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
[[Page 737]]
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.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0065, dated April 5, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9524.
(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. 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.
Issued in Renton, Washington, on December 16, 2016.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-31366 Filed 1-3-17; 8:45 am]
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