[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Rules and Regulations]
[Pages 14162-14164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1159; Directorate Identifier 2012-NM-028-AD; 
Amendment 39-17368; AD 2013-04-10]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 certain 
Airbus Model A310-203, -204, -222, -304, -322, and -324 airplanes. This 
AD was prompted by a design review of the fuel tank access covers and 
analyses comparing compliance of the access covers to different tire 
burst models. `Type 21' panels located within the debris zone revealed 
that they could not sustain the impact of the tire debris. This AD 
requires modifying the wing manhole surrounds and replacing certain 
fuel access panels. We are issuing this AD to prevent a possibility of 
a fire due to tire debris impact on the fuel access panels.

DATES: This AD becomes effective April 9, 2013.

[[Page 14163]]

    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 9, 2013

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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 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 November 7, 2012 (77 
FR 66762). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

    Following a design review of the fuel tank access covers and 
further analyses aiming at comparing compliance of the access covers 
to different tyre burst models, panels `Type 21' revealed to be a 
matter of concern when located within the tyre debris zone. It has 
been demonstrated that 'Type 21' Super Plastic Formed (SPF) panels 
for fuel access, installed on left hand (LH) and right hand (RH) 
wings at manhole positions No. 1 and No. 2 of A310 aeroplanes pre-
MSN500 could not sustain in an acceptable manner the impact of tyre 
debris.
    This condition, if not corrected, could result, following tyre 
debris impact, in fuel leaking and consequently fire on that area of 
the aeroplane.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD requires the replacement of SPF `Type 21' access 
panels with [type 11 access panels with]`Type 11A' [associated clamp 
plates] or `Type 21R' access panels and concurrent modification of 
the manhole surrounds at positions No.1 and No.2 to prevent re-
installation of 'Type 21' panels at those positions.

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 (77 FR 66762, November 7, 
2012) 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.

Costs of Compliance

    We estimate that this AD will affect 56 products of U.S. registry. 
We also estimate that it will take about 40 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 $6,340 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 $545,440, or $9,740 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 that 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);
    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.
    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 (77 FR 66762, November 7, 
2012), 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:

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:

2013-04-10 Airbus: Amendment 39-17368. FAA-2012-1159; Directorate 
Identifier 2012-NM-028-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 9, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A310-203, -204, -222, -304, -
322, and -324 airplanes, certificated in any category, manufacturer 
serial numbers 0378, 0392, 0399, 0404, 0406, 0407, 0409, 0410, 0412, 
0413, 0416, 0418, 0419, 0421, 0422, 0424, 0425, 0427, 0428, 0429, 
0431, 0432, 0434 to 0437 inclusive, 0439, 0440, 0441, 0443 to 0449 
inclusive, 0451 to 0454 inclusive, 0456, 0457, 0458, 0467, 0472, 
0473, 0475, 0476, 0478, 0480 to 0485 inclusive, and 0487 to 0499 
inclusive.

[[Page 14164]]

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a design review of the fuel tank access 
covers and analyses comparing compliance of the access covers to 
different tire burst models. ``Type 21'' panels located within the 
debris zone revealed that they could not sustain the impact of the 
tire debris. We are proposing this AD to prevent a possibility of a 
fire due to tire debris impact on the fuel access panels.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    Within 60 months after the effective date of this AD, do the 
actions specified in paragraph (g)(1) or (g)(2) of this AD.
    (1) Modify the wing manhole surrounds and replace the super 
plastic formed (SPF) ``Type 21'' fuel access panels at positions 1 
and 2 on the left- and right-hand wings with ``Type 11'' fuel access 
panels with associated ``Type 11A'' clamp plates, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A310-57-2097, Revision 01, dated September 29, 2011.
    (2) Modify the wing manhole surrounds and replace the SPF ``Type 
21'' fuel access panels at positions 1 and 2 on the left- and right-
hand wings with ``Type 21R'' fuel access panels, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A310-57-
2033, dated July 15, 1989.

(h) Parts Installation Prohibition

    After accomplishing the modification required by paragraph (g) 
of this AD, no person may install SPF ``Type 21'' fuel access panels 
at positions 1 and 2 on the left- and right-hand wings, on any 
airplane.

(i) Other FAA AD Provisions

    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: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone (425) 227-2125; 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.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2012-0016, dated January 26, 2012, and the service 
information specified in paragraphs (j)(1) and (j)(2) of this AD, 
for related information.
    (1) Airbus Service Bulletin A310-57-2033, dated July 15, 1989.
    (2) Airbus Mandatory Service Bulletin A310-57-2097, Revision 01, 
dated September 29, 2011.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Service Bulletin A310-57-2033, dated July 15, 1989.
    (ii) Airbus Mandatory Service Bulletin A310-57-2097, Revision 
01, dated September 29, 2011.
    (3) 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; email [email protected]; 
Internet http://www.airbus.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 14, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-04340 Filed 3-4-13; 8:45 am]
BILLING CODE 4910-13-P