[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65938-65941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27393]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0650; Directorate Identifier 2010-NM-257-AD; 
Amendment 39-16846; AD 2011-22-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Final rule.

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

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 has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
[Joint Aviation Authorities] JAA recommended the application of a 
similar regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
The unsafe condition is insufficient electrical bonding of the over-
wing refueling cap adapter, which could result in a possible fuel 
ignition source in the fuel tanks. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective November 29, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 29, 
2011.

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

[[Page 65939]]

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601 
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
2125; 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 July 5, 2011 (76 FR 
39035). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
JAA recommended the application of a similar regulation to the 
National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
    * * * [This EASA AD] requires the additional work introduced by 
Airbus SB A310-28-2142 at revision 3.

The unsafe condition is insufficient electrical bonding of the over-
wing refueling cap adapter, which could result in a possible fuel 
ignition source in the fuel tanks. 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 (76 FR 39035, July 5, 
2011) or on the determination of the cost to the public.

Revision to Airbus Mandatory Service Bulletin A310-28-2142

    Airbus has issued Mandatory Service Bulletin A310-28-2142, Revision 
04, dated November 30, 2010. No additional work is included in this 
revision for airplanes modified by any previous issue of this document. 
We have changed paragraphs (g), (g)(1), (g)(2), (h), (k), and sub-
paragraph (1) of Note 1 of this AD to refer to Airbus Service Bulletin 
A310-28-2142, Revision 04, dated November 30, 2010, and added paragraph 
(i) to this AD to give credit for actions accomplished in accordance 
with Airbus Mandatory Service Bulletin A310-28-2142, Revision 03, dated 
November 18, 2009.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 66 products of U.S. registry. 
We also estimate that it will take about 4 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 $200 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 $35,640, or $540 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 (76 FR 39035, July 5, 2011), 
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

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 65940]]

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:

2011-22-04 Airbus: Amendment 39-16846. FAA-2011-0650; Directorate 
Identifier 2010-NM-257-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
29, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) Airbus Model A310-203, A310-204, A310-221 and A310-222 
airplanes (without trim tank), all serial numbers, except airplanes 
on which Airbus Mandatory Service Bulletin A310-28-2143, dated July 
20, 2005; and Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 03, dated November 18, 2009; have been done; certificated 
in any category.
    (2) Model A310-304, A310-322, A310-324, and A310-325 airplanes 
(fitted with trim tank), all serial numbers, except airplanes on 
which Airbus Mandatory Service Bulletin A310-28-2143, dated July 20, 
2005; Airbus Mandatory Service Bulletin A310-28-2153, dated July 20, 
2005; and Airbus Mandatory Service Bulletin 310-28-2142, Revision 
03, dated November 18, 2009; have been done; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel 
System.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
[Joint Aviation Authorities] JAA recommended the application of a 
similar regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
The unsafe condition is insufficient electrical bonding of the over-
wing refueling cap adapter, which could result in a possible fuel 
ignition source in the fuel tanks.

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.

Resistance Measurement

    (g) For configuration 05 and 06 airplanes, as identified in 
Airbus Mandatory Service Bulletin A310-28-2142, Revision 04, dated 
November 30, 2010, on which any Airbus service bulletin identified 
in table 1 of this AD has been done: Within 3 months after the 
effective date of this AD, do the actions in paragraph (g)(1) or 
(g)(2) of this AD, as applicable.

                            Table 1--Previously Accomplished Airbus Service Bulletins
----------------------------------------------------------------------------------------------------------------
            Airbus Service Bulletin                  Revision                           Date
----------------------------------------------------------------------------------------------------------------
Airbus Mandatory Service Bulletin A310-28-2142.  ................  August 26, 2005.
Airbus Mandatory Service Bulletin A310-28-2142.                01  July 17, 2006.
Airbus Mandatory Service Bulletin A310-28-2142.                02  September 3, 2007.
----------------------------------------------------------------------------------------------------------------

    (1) For configuration 05 airplanes: Do a resistance check of the 
inboard and outboard over-wing refuel cap mounts between the flange 
face of the refuel insert and the wing, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A310-28-2142, Revision 04, dated November 30, 2010.
    (2) For configuration 06 airplanes: Do a resistance check of the 
outboard over-wing refuel cap mounts between the flange face of the 
refuel insert and the wing, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 04, dated November 30, 2010.

Corrective Action

    (h) If during any resistance measurement required by paragraph 
(g)(1) or (g)(2) of this AD, a resistance of 10 milliohm (mohm) or 
greater is found: Before further flight, do all applicable 
corrective actions, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 04, dated November 30, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Resistance measurements and corrective actions done in 
accordance with Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 03, dated November 18, 2009, before the effective date of 
this AD are acceptable for compliance with the corresponding 
resistance measurements and corrective actions required by 
paragraphs (g) and (h) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Airbus Mandatory Service Bulletin A310-28-2142, Revision 04, 
dated November 30, 2010, specifies that if any resistance 
measurement is more than 10 mohm, corrective actions must be done. 
This AD specifies that if any resistance measurement is 10 mohm or 
greater, corrective actions must be done.
    (2) Paragraphs (1), (2), and (4) of European Aviation Safety 
Agency (EASA) Airworthiness Directive 2010-0199, dated September 30, 
2010, include actions that are not required in this AD. These 
actions are required by AD 2007-20-04, Amendment 39-15214 (72 FR 
56258, October 3, 2007).

Other FAA AD Provisions

    (j) 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. Send information to Attn: 
Dan Rodina, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2125; fax (425) 227-1149. 
Information may be e-mailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0199, dated 
September 30, 2010; and Airbus Mandatory Service Bulletin A310-28-
2142, Revision 04, dated November 30, 2010.

Material Incorporated by Reference

    (l) You must use Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 04, dated November 30, 2010, to do the actions

[[Page 65941]]

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-EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; 
fax: +33 5 61 93 44 51; 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.

    Issued in Renton, Washington, on October 13, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-27393 Filed 10-24-11; 8:45 am]
BILLING CODE 4910-13-P