[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31067-31069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13888]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-65-AD; Amendment 39-9261; AD 95-12-11]


Airworthiness Directives; Airbus Model A340-211 and -311 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Airbus Model A340 series airplanes. This action 
requires a one-time inspection of the fuel flow from the main fuel 
supply hose/tube assembly, and repair, if necessary. This amendment is 
prompted by a report of a low pressure fuel valve found with the 
internal thermal relief valve assembled in the wrong position on one 
airplane. The actions specified in this AD are intended to prevent 
overpressurization of the fuel supply line due to the incorrect 
positioning of the internal thermal relief valve. Such 
overpressurization could cause the fuel pipe coupling to separate and 
allow fuel to leak into the engine pylon, thus posing a fire hazard.

DATES: Effective June 28, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 28, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before August 14, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-65-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stephen Slotte, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile 
(DGAC), which is the airworthiness [[Page 31068]] authority for France, 
recently notified the FAA that an unsafe condition may exist on certain 
Airbus Model A340-211 and -311 series airplanes. The DGAC advises that 
there has been a report indicating that a low pressure (LP) fuel valve, 
part number HTE 900212, has been found on one test airplane with the 
internal thermal relief valve assembled in the wrong position. 
Additionally, an internal seal associated with this valve assembly was 
found to be installed in the wrong position.
    The LP fuel valve is installed in the LP fuel supply line for each 
engine. Each LP fuel valve isolates its respective engine from the fuel 
supply at the front spar. The internal thermal relief valve is 
installed in the LP fuel valve to give protection against 
overpressurization of the supply line. This relief valve is set to 
release fuel from the engine side of the fuel supply line whenever 
overpressurization occurs and the LP fuel valve is in the closed 
position.
    If the thermal relief valve and/or the internal seal is not 
installed in the correct position, overpressurization can occur when 
the engine is shut down. In the worst case, an overpressurization 
condition can lead to separation of a fuel pipe coupling and a 
subsequent leakage of fuel in the engine pylon. This situation would 
pose a fire hazard.
    Investigation has revealed that the incorrect installation of the 
thermal relief valve and associate sealant occurred during production 
of certain airplanes. Production procedures have now been changed to 
ensure that all future LP valve assemblies are correctly installed.
    Airbus Industrie has issued Service Bulletin A340-28-4029, Revision 
1, dated September 14, 1994, which describes procedures for a one-time 
inspection to determine if the internal thermal relief valve is 
installed correctly. The inspection consists of a detailed visual 
inspection of the flow of fuel from the main fuel supply hose/tube 
assembly. If the flow of fuel is continuous, the LP fuel valve and/or 
the internal seal must be replaced, and additional repairs performed if 
fuel pipes have been damaged. The DGAC classified this service bulletin 
as mandatory and issued French Airworthiness Directive (CN) 94-210-
011(B), dated September 14, 1994, in order to assure the continued 
airworthiness of these airplanes in France.
    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to prevent overpressurization of the fuel supply line due 
to the incorrect positioning of the internal thermal relief valve. Such 
overpressurization could cause the fuel pipe coupling to separate and 
allow fuel to leak into the engine pylon, thus posing a fire hazard.
    This AD requires a detailed visual inspection of the flow of fuel 
from the main fuel supply hose/tube assembly and, if necessary, 
replacement of the LP fuel valve and/or the internal seal and 
additional repairs. The actions are required to be accomplished in 
accordance with the service bulletin described previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this AD to clarify this long-standing requirement.
    There currently are no Model A340 series airplanes on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 6 work hours to 
accomplish the required inspection, at an average labor charge of $60 
per work hour. Based on these figures, the total cost impact of this AD 
would be $360 per airplane.
    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-65-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism [[Page 31069]] implications to 
warrant the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-12-11  Airbus: Amendment 39-9261. Docket 95-NM-65-AD.

    Applicability: Model A340-211 and -311 series airplanes; having 
manufacturer's serial number (MSN) 005 through 019 inclusive; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (d) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overpressurization of the fuel supply line due to the 
incorrect positioning of the internal thermal relief valve, which 
could cause the fuel pipe coupling to separate and allow fuel to 
leak into the engine pylon, thus posing a fire hazard, accomplish 
the following:
    (a) Within 450 hours time-in-service after the effective date of 
this AD, perform a detailed visual inspection of the flow of fuel 
from the main fuel supply hose/tube assembly, in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A340-28-4029, 
Revision 1, dated September 14, 1994.
    (b) If the flow of fuel is not continuous, no further action is 
required by this AD.

    Note 2: Single drops of fuel are acceptable.

    (c) If the flow of fuel is continuous, prior to further flight, 
perform the applicable replacement and repair procedures specified 
in Paragraph 2.C., ``Repair,'' of the Accomplishment Instructions of 
Airbus Service Bulletin A340-28-4029, Revision 1, dated September 
14, 1994.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) The inspection, replacement, and repair procedures shall be 
done in accordance with Airbus Service Bulletin A340-28-4029, 
Revision 1, dated September 14, 1994, which contains the following 
list of effective pages:

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                         Revision level shown on                        
        Page No.                   page             Date shown on page  
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1-5, 7-11, 40-45, 47-50  1......................  September 14, 1994.   
6, 12-39, 46, 51-54....  Original...............  August 12, 1994.      
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    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on June 28, 1995.

    Issued in Renton, Washington, on June 1, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-13888 Filed 6-12-95; 8:45 am]
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