[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Rules and Regulations]
[Pages 38006-38008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27768; Directorate Identifier 2006-NM-174-AD; 
Amendment 39-15123; AD 2007-14-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Model A330 and A340 airplanes. This AD requires revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate new limitations for fuel tank systems. 
This AD results from fuel system reviews conducted by the manufacturer. 
We are issuing this AD to prevent the potential of ignition sources 
inside fuel tanks, which, in combination with flammable fuel vapors 
caused by latent failures, alterations, repairs, or maintenance 
actions, could result in fuel tank explosions and consequent loss of 
the airplane.

DATES: This AD becomes effective August 16, 2007. The Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in the AD as of August 16, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located on the ground floor of the West Building at the street address 
stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Airbus Model A330 
and A340 airplanes. That NPRM was published in the Federal Register on 
April 5, 2007 (72 FR 16741). That NPRM proposed to require revising the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness to incorporate new limitations for fuel tank systems.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Changes to This AD

    We have removed Model A330-302, A330-303, and A340-643 airplanes 
from the applicability of this AD, since we have not yet certificated 
those airplane models for operation in the U.S. If these airplane 
models are certificated, the airworthiness

[[Page 38007]]

limitations required by this AD will be included as airworthiness 
limitations in the FAA-approved type design.
    In the NPRM, we referred to Airbus A340 Fuel Airworthiness 
Limitations, Document 95A.1933/05, Issue 1, dated December 19, 2005 
(approved by the EASA on April 28, 2006), as the appropriate source of 
service information for revising the Airworthiness Limitations section 
of the Instructions for Continued Airworthiness for Model A340 
airplanes. We have revised paragraphs (g)(1) and (g)(2) of this AD to 
also refer to Issue 2, dated October 26, 2006 (approved by the EASA on 
November 22, 2006); and Issue 3, dated November 23, 2006 (approved by 
the EASA on February 26, 2007), of the Airbus A340 Fuel Airworthiness 
Limitations, Document 95A.1933/05, as appropriate sources of service 
information.
    Airbus issued Operator Information Telex (OIT) SE 999.0076/06, 
dated June 20, 2006, to identify the applicable sections of the Airbus 
A330 Airplane Maintenance Manual (AMM) necessary for accomplishing the 
tasks specified in Section 1 of Document 95A.1932/05 and to identify 
the applicable sections of the Airbus A340 AMM necessary for 
accomplishing the tasks specified in Section 1 of Document 95A.1933/05. 
We have added a note to paragraphs (f)(1) and (g)(1) of this AD to 
refer to that OIT.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

    This AD affects about 27 airplanes of U.S. registry. The required 
actions take about 2 work hours per airplane, at an average labor rate 
of $80 per work hour. Based on these figures, the estimated cost of the 
AD for U.S. operators is $4,320, or $160 per airplane.

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 this AD:
    (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.
    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):

2007-14-01 Airbus: Amendment 39-15123. Docket No. FAA-2007-27768; 
Directorate Identifier 2006-NM-174-AD.

Effective Date

    (a) This AD becomes effective August 16, 2007.

Affected ADs

    (b) None.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include a new inspection and critical 
design configuration control limitations (CDCCLs). Compliance with 
the operator maintenance documents is required by 14 CFR 91.403(c). 
For airplanes that have been previously modified, altered, or 
repaired in the areas addressed by these inspections and CDCCLs, the 
operator may not be able to accomplish the inspection and CDCCLs 
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 (i) of this AD. The 
request should include a description of changes to the required 
inspections and CDCCLs that will preserve the critical ignition 
source prevention feature of the affected fuel system.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors caused by latent failures, alterations, 
repairs, or maintenance actions, could result in fuel tank 
explosions and consequent loss of the airplane.

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.

Revise Airworthiness Limitations Section (ALS) for Model A330 Airplanes

    (f) For Model A330-201, A330-202, A330-203, A330-223, A330-243, 
A330-301, A330-321, A330-322, A330-323, A330-341, A330-342, and 
A330-343 airplanes: Do the actions specified in paragraphs (f)(1) 
and (f)(2) of this AD.
    (1) Within 3 months after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate Airbus A330 ALS Part 5--Fuel Airworthiness Limitations, 
dated April 11, 2006, as defined in Airbus A330 Fuel Airworthiness 
Limitations, Document 95A.1932/05, Issue 2, dated October 26, 2006 
(approved by the European Aviation Safety Agency (EASA) on November 
17, 2006), Section 1, ``Maintenance/Inspection Tasks'' (hereafter 
referred to as ``Section 1 of Document 95A.1932/05''). For the task 
identified in Section 1 of Document 95A.1932/05, the

[[Page 38008]]

initial compliance time starts from the later of the times specified 
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the 
repetitive inspection must be accomplished thereafter at the 
interval specified in Section 1 of Document 95A.1932/05.
    (i) The effective date of this AD.
    (ii) The date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness.

    Note 2: Airbus Operator Information Telex (OIT) SE 999.0076/06, 
dated June 20, 2006, identifies the applicable sections of the 
Airbus A330 airplane maintenance manual (AMM) necessary for 
accomplishing the tasks specified in Section 1 of Document 95A.1932/
05.

    (2) Within 12 months after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate Airbus A330 ALS Part 5--Fuel Airworthiness Limitations, 
dated April 11, 2006, as defined in Airbus A330 Fuel Airworthiness 
Limitations, Document 95A.1932/05, Issue 2, dated October 26, 2006 
(approved by the EASA on November 17, 2006), Section 2, ``Critical 
Design Configuration Control Limitations.''

Revise ALS for Model A340 Airplanes

    (g) For Model A340-211, A340-212, A340-213, A340-311, A340-312, 
A340-313, A340-541, and A340-642 airplanes: Do the actions specified 
in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Within 3 months after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate Airbus A340 ALS Part 5--Fuel Airworthiness Limitations, 
dated April 11, 2006, as defined in Section 1, ``Maintenance/
Inspection Tasks,'' of Airbus A340 Fuel Airworthiness Limitations, 
Document 95A.1933/05, Issue 1, dated December 19, 2005 (approved by 
the EASA on April 28, 2006); Issue 2, dated October 26, 2006 
(approved by the EASA on November 22, 2006); or Issue 3, dated 
November 23, 2006 (approved by the EASA on February 26, 2007) (all 
of these issues are hereafter referred to as ``Section 1 of Document 
95A.1933/05,'' as applicable). For the task identified in Section 1 
of Document 95A.1933/05, the initial compliance time starts from the 
effective date of this AD, and the repetitive inspection must be 
accomplished thereafter at the interval specified in Section 1 of 
Document 95A.1933/05.

    Note 3: Airbus OIT SE 999.0076/06, dated June 20, 2006, 
identifies the applicable sections of the Airbus A340 AMM necessary 
for accomplishing the tasks specified in Section 1 of Document 
95A.1933/05.

    (2) Within 12 months after the effective date of this AD, revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate Airbus A340 ALS Part 5--Fuel Airworthiness Limitations, 
dated April 11, 2006, as defined in Section 2, ``Critical Design 
Configuration Control Limitations,'' of Airbus A340 Fuel 
Airworthiness Limitations, Document 95A.1933/05, Issue 1, dated 
December 19, 2005 (approved by the EASA on April 28, 2006); Issue 2, 
dated October 26, 2006 (approved by the EASA on November 22, 2006); 
or Issue 3, dated November 23, 2006 (approved by the EASA on 
February 26, 2007).

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (h) Except as provided by paragraph (i) of this AD: After 
accomplishing the actions specified in paragraph (f) or (g) of this 
AD, as applicable, no alternative inspections, inspection intervals, 
or CDCCLs may be used.

Alternative Methods of Compliance (AMOCs)

    (i)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (j) EASA airworthiness directive 2006-0205, dated July 11, 2006; 
and EASA airworthiness directive 2007-0023, dated January 25, 2007; 
also address the subject of this AD.

Material Incorporated by Reference

    (k) You must use the service information listed in Table 1 of 
this AD, 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 Maurice Bellonte, 31707 Blagnac Cedex, 
France, for a copy of this service information. You may review 
copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue 
SW., Renton, Washington; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

                                  Table 1.--Material Incorporated by Reference
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           Service information                      Issue level                             Date
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Airbus A330 ALS Part 5--Fuel              Original.......................  April 11, 2006.
 Airworthiness Limitations.
Airbus A330 Fuel Airworthiness            Issue 2........................  October 26, 2006.
 Limitations, Document 95A.1932/05.
Airbus A340 ALS Part 5--Fuel              Original.......................  April 11, 2006.
 Airworthiness Limitations.
Airbus A340 Fuel Airworthiness            Issue 1........................  December 19, 2005.
 Limitations, Document 95A.1933/05.
Airbus A340 Fuel Airworthiness            Issue 2........................  October 26, 2006.
 Limitations, Document 95A.1933/05.
Airbus A340 Fuel Airworthiness            Issue 3........................  November 23, 2006.
 Limitations, Document 95A.1933/05.
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    Issued in Renton, Washington, on June 25, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-13117 Filed 7-11-07; 8:45 am]
BILLING CODE 4910-13-P