[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 432-435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32653]


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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; 
Amendment 39-16555; AD 2011-01-02]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective February 9, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 9, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,

[[Page 433]]

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 1, 2010 (75 
FR 60655). That NPRM proposed 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.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 53 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 parts. 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 this AD to the 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 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 this AD:
    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.

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 the NPRM, 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

2011-01-02 Airbus: Amendment 39-16555. Docket No. FAA-2010-0952; 
Directorate Identifier 2010-NM-131-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2011.

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

[[Page 434]]

embodied in service; certificated in any category.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313 
airplanes, all 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

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--
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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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Material Incorporated by Reference

    (m) You must use the applicable service information contained in 
Table 2 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

[[Page 435]]



                                   Table 2--Material Incorporated by Reference
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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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    Issued in Renton, Washington, on December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-32653 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P