[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73486-73489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30229]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1232; Directorate Identifier 2011-NM-039-AD; 
Amendment 39-16873; AD 2011-24-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Airbus Model A340-200 and -300 series airplanes. 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) [(66 FR 23086, May 7, 2001)].

[[Page 73487]]

    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 [EASA] regulation is to require * * * a 
definition review against explosion hazards.
* * * * *
This AD requires inspections to verify electrical bonding to prevent 
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. This AD requires 
actions that are intended to address the unsafe condition described in 
the MCAI.

DATES: This AD becomes effective December 14, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 14, 
2011.
    We must receive comments on this AD by January 13, 2012.

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.
     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 W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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: 

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 2010-0232, dated November 12, 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) [(66 FR 23086, May 7, 2001)].
    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 
[EASA] AD requires, for operators who have already embodied the 
Revision 03 or any previous revision of Airbus SB A340-28-4097 on 
aeroplanes which were previously in SB Configurations 02 or 03 
[required by FAA AD 2008-25-02, Amendment 39-15760 (73 FR 75307, 
December 11, 2008)], an inspection to verify if the electrical 
bonding of the water drain system (Trim Tank) and the electrical 
bonding of the ventilation intake system were correctly accomplished 
or need additional work associated to the aeroplane configuration.
* * * * *
Additional work could involve modifying or installing certain bonding 
points (such as pipe clamps, screws, attachment fittings, restrictor 
valves, flame arrestors, and pipes); doing electrical bonding of the 
wing fuel pumps, the water drain system between certain ribs, a water 
drain system and the ventilation intake system; depending on 
configuration. The additional work required by this AD is in addition 
to the requirements of AD 2008-25-02, Amendment 39-15760 (73 FR 75307, 
December 11, 2008). The unsafe condition is 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. 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 (66 FR 23086, May 7, 2001) 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 (66 FR 23086, May 7, 2001). (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

[[Page 73488]]

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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-28-4097, Revision 
05, including Appendix 1, dated June 3, 2010. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2011-1232; Directorate 
Identifier 2011-NM-039-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    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 AD.

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

    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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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:

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:

2011-24-09 Airbus: Amendment 39-16873. Docket No. FAA-2011-1232; 
Directorate Identifier 2011-NM-039-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A340-211, -212, -213, -311, 
-312 and -313 airplanes, certificated in any category, all 
manufacturer serial numbers, on which Airbus modification 41600 has 
been embodied in production and Airbus Service Bulletin A340-28-
4097, dated June 14, 2004; Revision 01, dated March 3, 2005; 
Revision 02, dated August 16, 2006; or Revision 03, dated July 3, 
2007; has been embodied in service, except airplanes on which Airbus 
modification 49135 has been embodied in production.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    [T]he FAA published SFAR 88 (Special Federal Aviation Regulation 
88) [(66 FR 23086, May 7, 2001)].
    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 [EASA] regulation is to require * * * a 
definition review against explosion hazards.
* * * * *
This AD requires inspections to verify electrical bonding to prevent 
the potential of ignition sources inside fuel tanks, which, in

[[Page 73489]]

combination with flammable fuel vapors, could result in fuel tank 
explosions 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 24 months after the effective date of this AD, do a 
detailed inspection of the electrical bonding for the water drain 
system (trim tank) and the ventilation intake system to verify 
whether it is equivalent to the electrical bonding done in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A340-28-4097, Revision 05, including Appendix 1, 
dated June 3, 2010.
    (h) If, during the inspection required by paragraph (g) of this 
AD, the electrical bonding of the water drain system and the 
ventilation intake system is found to be not equivalent to the 
electrical bonding done in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-28-4097, 
Revision 05, including Appendix 1, dated June 3, 2010: Within 24 
months after the effective date of this AD, modify the electrical 
bonding associated with the airplane configuration in accordance 
with paragraph 3.B.(11) or 3.B.(12), as applicable, of the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A340-28-4097, Revision 05, including Appendix 1, dated June 3, 2010.
    (i) A review of the airplane maintenance records is acceptable 
in lieu of the inspection required by paragraph (g) of this AD 
provided that the accomplishment of the electrical bonding for the 
water drain system (trim tank) and the ventilation intake system can 
be conclusively identified as performed in accordance with Airbus 
Mandatory Service Bulletin A340-28-4097, Revision 05, including 
Appendix 1, dated June 3, 2010.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

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. If sending information 
directly to the International Branch, send it 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. 
Information may be emailed 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 Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2010-0232, dated November 12, 2010; and Airbus Mandatory 
Service Bulletin A340-28-4097, Revision 05, including Appendix 1, 
dated June 3, 2010; for related information.

Material Incorporated by Reference

    (l) You must use Airbus Mandatory Service Bulletin A340-28-4097, 
Revision 05, including Appendix 1, dated June 3, 2010, 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; email [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 November 14, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-30229 Filed 11-28-11; 8:45 am]
BILLING CODE 4910-13-P