[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Proposed Rules]
[Pages 60655-60658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24711]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0952; Directorate Identifier 2010-NM-131-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, and -243 Airplanes; Airbus Model A330-300 Series Airplanes; and
Airbus Model A340-200 and -300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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).
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 * * * a definition
review against explosion hazards.
* * * * *
Failure of the auxiliary power unit (APU) bleed leak detection system
could result in overheat of the fuel tank located in the horizontal
stabilizer and ignition of the fuel vapors in that tank, which could
result in a fuel tank explosion and consequent loss of the airplane.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by November 15,
2010.
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.
[[Page 60656]]
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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; e-mail [email protected]; Internet http://www.airbus.com. You may review copies of the referenced 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 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, Washington 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-2010-0952;
Directorate Identifier 2010-NM-131-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0089, dated May 10, 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).
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
AD requires the installation of the updated FWC [flight warning
computer] software standard which ensures correct operation of the
APU bleed leak detection system before each flight.
Failure of the auxiliary power unit (APU) bleed leak detection system
could result in overheat of the fuel tank located in the horizontal
stabilizer and ignition of the fuel vapors in that tank, which could
result in a fuel tank explosion 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 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. (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 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.
[[Page 60657]]
Relevant Service Information
Airbus has issued the service information identified in the table
below.
Relevant Service Information
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Airbus Service Bulletin-- Revision-- Dated--
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A330-31-3125............................. Original.................... December 31, 2008.
A330-31-3146, including Appendix 01...... 01.......................... May 5, 2010.
A340-31-4111............................. Original.................... February 5, 2007.
A340-31-4125............................. 01.......................... December 9, 2008.
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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 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 the same
type design.
Differences Between This 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 53 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $22,525, or $425 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 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); and
3. 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 proposed 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.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Airbus: Docket No. FAA-2010-0952; Directorate Identifier 2010-NM-
131-AD.
Comments Due Date
(a) We must receive comments by November 15, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342 and -343 airplanes, all
manufacturer serial numbers except those on which Airbus
modification 51790 has been embodied in production or Airbus Service
Bulletin A330-31-3066, A330-31-3082, A330-31-3093, or A330-31-3105
has been embodied in service; certificated in any category.
(2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes, all
[[Page 60658]]
manufacturer serial numbers; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 31:
Instruments.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
[T]he FAA published SFAR 88 (Special Federal Aviation Regulation
88).
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 * * * a definition
review against explosion hazards.
* * * * *
Failure of the auxiliary power unit (APU) bleed leak detection
system could result in overheat of the fuel tank located in the
horizontal stabilizer and ignition of the fuel vapors in that tank,
which could result in a fuel tank explosion 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 6 months after the effective date of this AD, do the
applicable actions specified in paragraphs (g)(1) and (g)(2) of this
AD.
(1) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342 and -343 airplanes: Install flight
warning computer (FWC) software standard T3 (part number (P/N)
LA2E20202T30000) on both FWCs, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-31-3146, including
Appendix 01, Revision 01, dated May 5, 2010.
(2) For Model A340-211, -212, -213, -311, -312, and -313
airplanes: Install FWC software standard L11 (P/N LA2E0060D110000)
on both FWCs, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A340-31-4125, Revision 01, dated December 9,
2008.
(h) Prior to or concurrently with accomplishing the
corresponding requirements of paragraph (g) of this AD, install FWC
software standard T2-0 in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-31-3125, dated December
31, 2008 (for Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342 and -343 airplanes).
(i) Prior to or concurrently with accomplishing the
corresponding requirements of paragraph (g) of this AD, install FWC
software standard L10-1 in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A340-31-4111, dated February
5, 2007 (for Model A340-211, -212, -213, -311, -312, and -313
airplanes).
(j) Actions done before the effective date of this AD in
accordance with Airbus Service Bulletin A330-31-3146, dated February
2, 2010; or A340-31-4125, dated October 27, 2008; are acceptable for
compliance with the corresponding requirements of paragraph (g) of
this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(k) 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. Send information 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.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards 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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(l) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0089, dated May 10, 2010, and the
service information identified in Table 1 of this AD, for related
information.
Table 1--Related Service Information
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Airbus Service Bulletin-- Revision-- Dated--
----------------------------------------------------------------------------------------------------------------
A330-31-3125............................. Original.................... December 31, 2008.
A330-31-3146, including Appendix 01...... 01.......................... May 5, 2010.
A340-31-4111............................. Original.................... February 5, 2007.
A340-31-4125............................. 01.......................... December 9, 2008.
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Issued in Renton, Washington on September 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24711 Filed 9-30-10; 8:45 am]
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