[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]
BILLING CODE 4910-13-P