[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 2995-2997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-450]



[[Page 2995]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23611; Directorate Identifier 2005-NM-250-AD; 
Amendment 39-14453; AD 2006-02-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes, Model A340-200 and -300 Series Airplanes, and Model A340-541 
and A340-642 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Model A330-200 and -300 series airplanes, Model A340-200 and -
300 series airplanes, and Model A340-541 and A340-642 airplanes. This 
AD requires revising the airplane flight manual by incorporating new 
procedures to follow in the event of a fuel leak. This AD results from 
a determination that, once a fuel leak is detected, fuel management 
procedures are a critical factor in limiting the consequences of the 
leak. We are issuing this AD to ensure that the flightcrew, in the 
event of a fuel leak, is advised of appropriate procedures to follow, 
such as isolating the fuel tanks, stopping any fuel transfers, and 
landing as soon as possible. Failure to follow these procedures could 
result in excessive fuel loss that could cause the engines to shut down 
during flight.

DATES: This AD becomes effective February 3, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of February 3, 
2006.
    We must receive comments on this AD by March 20, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Ave., SW., Renton, WA 98055-4056; telephone (425) 227-2797; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Airbus Model A330-200 and -300 series 
airplanes, Model A340-200 and -300 series airplanes, and Model A340-541 
and A340-642 airplanes. The DGAC notified us of an incident in which an 
Airbus Model A330-200 series airplane was diverted due to an extensive 
fuel leak. During the diversion, both engines shut down due to lack of 
fuel. The airplane made a successful emergency landing. This event and 
a subsequent review of major fuel leaks demonstrated that, after a fuel 
leak is detected, the flightcrew's fuel management procedures are a 
critical factor in limiting the consequences of a fuel leak. Failure to 
follow proper procedures in the event of a fuel leak could result in 
excessive fuel loss that could cause the engines to shut down during 
flight.
    The fuel systems on Airbus Model A330-300 series airplanes, Model 
A340-200 and -300 series airplanes, and Model A340-541 and A340-642 
airplanes, are similar to that on the affected Model A330-200 airplane. 
Therefore, Airbus Model A330-300 series airplanes, Model A340-200 and--
300 series airplanes, and Model A340-541 and A340-642 airplanes, may be 
subject to the unsafe condition revealed on the Model A330-200 series 
airplane.

Relevant Service Information

    Airbus has issued the temporary revisions (TRs) to the Limitations 
section of the A330/340 Airplane Flight Manual (AFM), as listed in the 
table below.

                     Airbus AFM Temporary Revisions
------------------------------------------------------------------------
   Affected airplane models/
            series                  AFM TR          TR approval date
------------------------------------------------------------------------
A330-200 series airplanes.....      4.02.00/31  October 19, 2005.
A330-300 series airplanes.....      4.02.00/32  October 19, 2005.
A340-200 and -300 series            4.02.00/46  October 19, 2005.
 airplanes.
A340-541 airplanes............      4.02.00/48  October 19, 2005.
A340-642 airplanes............      4.02.00/47  October 19, 2005.
------------------------------------------------------------------------

    The TRs describe new procedures to follow in the event of a fuel 
leak. These procedures remove the gravity-feeding requirement when the 
leak is not from the engine or is not found; they also involve 
isolating the fuel tanks and stopping any fuel transfers in order to 
determine the location of a fuel leak and to stop or minimize the leak, 
and landing as soon as possible. The DGAC mandated the TRs and issued 
French airworthiness directives F-2005-195 and F-2005-196, both dated 
December 7, 2005, to ensure the continued airworthiness of these 
airplanes in France.

Differences Between the AD and French Airworthiness Directives

    The French airworthiness directives require revising the AFM before 
further flight. This AD requires revising the AFM within 10 days after 
the effective date of the AD. In developing an appropriate compliance 
time for this AD, we considered the DGAC's recommendations in the 
French airworthiness directives and the degree of urgency associated 
with the subject unsafe condition. In light of all of these factors, we 
find that a 10-day compliance time represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety.

[[Page 2996]]

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of these type designs that are certificated 
for operation in the United States.
    Therefore, we are issuing this AD to ensure that the flightcrew is 
advised of appropriate procedures to follow in the event of a fuel 
leak, such as isolating the fuel tanks, stopping any fuel transfers, 
and landing as soon as possible. Failure to follow these procedures 
could result in excessive fuel loss that could cause the engines to 
shut down during flight. This AD requires revising the AFM to include 
the TRs described previously.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
23611; Directorate Identifier 2005-250-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 have 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 the 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-02-01 Airbus: Amendment 39-14453. Docket No. FAA-2006-23611; 
Directorate Identifier 2005-NM-250-AD.

Effective Date

    (a) This AD becomes effective February 3, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes; 
and Model A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from a determination that, once a fuel leak is 
detected, fuel management procedures are a critical factor in limiting 
the consequences of the leak. We are issuing this AD to ensure that the 
flightcrew, in the event of a fuel leak, is advised of appropriate 
procedures to follow, such as isolating the fuel tanks, stopping any 
fuel transfers, and landing as soon as possible. Failure to follow 
these procedures could result in excessive fuel loss that could cause 
the engines to shut down during flight.

Compliance

    (e) You are responsible for having the actions required by this AD 
performed within the compliance times specified,

[[Page 2997]]

unless the actions have already been done.

Airplane Flight Manual (AFM) Revision

    (f) Within 10 days after the effective date of this AD, revise the 
Limitations section of the A330/A340 AFM to include the information in 
the applicable temporary revision (TR) listed in Table 1 of this AD. 
Thereafter, operate the airplane according to the limitations and 
procedures in the applicable TR.

                Table 1.--Airbus AFM Temporary Revisions
------------------------------------------------------------------------
   Affected airplane models/
            series                  AFM TR          TR approval date
------------------------------------------------------------------------
A330-201, -202, -203, -223,         4.02.00/31  October 19, 2005.
 and -243 airplanes.
A330-301, -321, -322, -323, -       4.02.00/32  October 19, 2005.
 341, -342, and -343 airplanes.
A340-211, -212, -213, -311, -       4.02.00/46  October 19, 2005.
 312, and -313 airplanes.
A340-541 airplanes............      4.02.00/48  October 19, 2005.
A340-642 airplanes............      4.02.00/47  October 19, 2005.
------------------------------------------------------------------------


    Note 1: The action required by paragraph (f) of this AD may be 
done by inserting into the AFM a copy of the applicable TR listed in 
Table 1 of this AD. When this TR has been included in the general 
revisions of the AFM, the general revisions may be inserted into the 
AFM, provided the relevant information in the general revision is 
identical to that in the applicable TR listed in Table 1 of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) French airworthiness directives F-2005-195 and F-2005-196, 
both dated December 7, 2005, also address the subject of this AD.

Material Incorporated by Reference

    (i) You must use the documents listed in Table 2 of this AD to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. (The TR approval date is identified only on the 
first page of each TR; no other page of these documents contains the 
approval date.) The Director of the Federal Register approved the 
incorporation by reference of these documents in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point 
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/ federal-- register/code-- federal-- regulations/
ibr-- locations.html.

              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
   Airbus temporary revisions to the
   Airbus A330/A340 airplane flight     Temporary revision approval date
                manual
------------------------------------------------------------------------
4.02.00/31............................  October 19, 2005.
4.02.00/32............................  October 19, 2005.
4.02.00/46............................  October 19, 2005.
4.02.00/47............................  October 19, 2005.
4.02.00/48............................  October 19, 2005.
------------------------------------------------------------------------


    Issued in Renton, Washington, on January 9, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-450 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-13-P