[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Rules and Regulations]
[Pages 61639-61642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17426]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26083; Directorate Identifier 2006-NM-185-AD; 
Amendment 39-14793; AD 2006-21-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200, A340-200, and 
A340-300 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 
certain Airbus Model A330-200, A340-200, and A340-300 airplanes. This 
AD requires the installation of heatshields in the belly fairing of the 
center fuselage. This AD results from fuel system reviews conducted by 
the manufacturer. We are issuing this AD to prevent exposing any fuel 
leaked from the center fuel tank to the hot temperature areas of the 
air conditioning packs, which could result in a fire and consequent 
fuel tank explosion.

DATES: This AD becomes effective November 3, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 3, 
2006.
    We must receive comments on this AD by December 18, 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    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

[[Page 61640]]

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.
    The European Aviation Safety Agency (EASA), which is the 
airworthiness authority for the European Union, notified us that an 
unsafe condition may exist on certain Airbus Model A330-200, A340-200, 
and A340-300 airplanes. The EASA advises that there could be 
temperatures in excess of 200 degrees Celsius on surfaces in the belly 
fairing of the center fuselage. Therefore, any fuel leaked from the 
center fuel tank would be exposed to the hot temperature areas of the 
air conditioning packs. This condition, if not corrected, could result 
in a fire and consequent fuel tank explosion.

Relevant Service Information

    Airbus has issued Service Bulletins A330-21-3096 and A340-21-4107, 
both Revision 01, both dated October 10, 2005. The service bulletins 
describe procedures for the installation of heatshields in the belly 
fairing of the center fuselage. The installation includes the following 
actions:
     Replacing existing heatshields with new heatshields fitted 
with edges and draining tapping.
     Adding draining systems.
     Adding two heatshields.
     Adding two tight insulation sleeves on the ozone reducer 
and on the trim pipe.
     Replacing and adding brackets.
     Modifying a heatshield panel.
    The EASA mandated the service information and issued airworthiness 
directive 2006-0191, dated July 10, 2006, to ensure the continued 
airworthiness of these airplanes in the European Union.

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. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent exposing any fuel 
leaked from the center fuel tank to the hot temperature areas of the 
air conditioning packs, which could result in a fire and consequent 
fuel tank explosion. This AD requires accomplishing the actions 
specified in the service information described previously, except as 
discussed in ``Difference Between EASA Airworthiness Directive and This 
AD.''

Difference Between EASA Airworthiness Directive and This AD

    The applicability of EASA airworthiness directive 2006-0191 
excludes airplanes on which Airbus Service Bulletin A330-21-3096, 
Revision 01; or Airbus Service Bulletin A340-21-4107, Revision 01; have 
been accomplished in service. However, we have not excluded those 
airplanes in the applicability of this AD; rather, this AD includes a 
requirement to accomplish the actions specified in Revision 01 of those 
service bulletins, as applicable. This requirement would ensure that 
the actions specified in the service bulletins and required by this AD 
are accomplished on all affected airplanes. Operators must continue to 
operate the airplane in the configuration required by this AD unless an 
alternative method of compliance is approved.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    The following table provides the estimated costs to comply with 
this AD for any affected airplane that might be imported and placed on 
the U.S. Register in the future.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                Average labor                        Cost per
                   Action                        Work hours     rate per hour      Parts cost        airplane
----------------------------------------------------------------------------------------------------------------
Installation................................              65              $80          $17,290          $22,490
----------------------------------------------------------------------------------------------------------------


[[Page 61641]]

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

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-
26083; Directorate Identifier 2006-NM-185-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):

2006-21-08 Airbus: Amendment 39-14793. Docket No. FAA-2006-26083; 
Directorate Identifier 2006-NM-185-AD.

Effective Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A340-200, and 
A340-300 airplanes, certificated in any category; except airplanes 
on which Airbus Modification 49520 has been done in production.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent exposing any fuel 
leaked from the center fuel tank to the hot temperature areas of the 
air conditioning packs, which could result in a fire and consequent 
fuel tank explosion.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation of Heatshields

    (f) Within 27 months after the effective date of this AD, 
install heatshields in the belly fairing of the center fuselage in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-21-3096, Revision 01, dated October 10, 2005 (for 
Model A330-200 airplanes); or Airbus Service Bulletin A340-21-4107, 
Revision 01, dated October 10, 2005 (for Model A340-200 and A340-300 
airplanes); as applicable.

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) European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0191, dated July 10, 2006, also addresses the subject 
of this AD.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A330-21-3096, Revision 
01, dated October 10, 2005; or Airbus Service Bulletin A340-21-4107, 
Revision 01, dated October 10, 2005; as applicable, to perform the 
actions that are required by this AD, unless the AD specifies 
otherwise. 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

[[Page 61642]]

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_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-17426 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-13-P