[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49449-49452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19363]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0060; Directorate Identifier 2012-NM-194-AD; 
Amendment 39-17943; AD 2014-16-19]
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 superseding Airworthiness Directives (AD) 2006-21-08, 
AD 2007-14-01, AD 2008-25-02, AD 2010-04-09, AD 2011-01-02, and AD 
2012-16-05, for certain Airbus Model A330 and A340 series airplanes. AD 
2006-21-08, AD 2007-14-01, AD 2008-25-02, AD 2010-04-09, AD 2011-01-02, 
and AD 2012-16-05 required revising the maintenance program or 
inspection program to incorporate certain maintenance requirements and 
airworthiness limitations for fuel tank systems. This new AD requires a 
new maintenance or inspection program revision. This AD was prompted by 
a determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary. We are issuing this AD 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.

DATES: This AD becomes effective September 25, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
25, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0060; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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. You may view this referenced 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.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 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 supersede the ADs listed below:
     Airworthiness Directive AD 2006-21-08, Amendment 39-14793 
(71 FR 61639, October 19, 2006);
     AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 
2007);
     AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 
11, 2008);
     AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 
23, 2010; corrected March 3, 2010 (75 FR 9515));
     AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5, 
2011); and
     AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14, 
2012).
    Airworthiness Directives AD 2006-21-08, AD 2007-14-01, AD 2008-25-
02, AD 2010-04-09, AD 2011-01-02, and AD 2012-16-05 applied to certain 
Airbus Model A330 and A340 series airplanes. The NPRM published in the 
Federal Register on February 27, 2014 (79 FR 11019).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0168, dated August 31, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition certain Airbus Model A330 
and A340 series airplanes. The MCAI states:

    Prompted by an accident [involving a fuel tank system explosion 
in flight] * * * the FAA published Special Federal Aviation 
Regulation (SFAR) 88 (66 FR 23086, May 7, 2001) and the Joint 
Aviation Authorities (JAA) published Interim Policy INT/POL/25/12. 
The design review conducted Airbus to develop Fuel Airworthiness 
Limitations (FAL) for Airbus on A330 and A340 aeroplanes in response 
to these regulations.
    The FAL* * * have been approved by the European Aviation Safety 
Agency (EASA)* * *ALS Part 5.
    Failure to comply with items as identified in Airbus A330 and 
A340 ALS Part 5 could result in a fuel tank explosion and consequent 
loss of the aeroplane.
    To address this condition, EASA issued:

[[Page 49450]]

    EASA AD 2007-0023, dated January 25, 2007 [http://ad.easa.europa.eu/ad/2007-0023], which corresponds to FAA AD 2007-
14-01, Amendment 39-15123 (72 FR 38006, July 12, 2007) to require 
compliance with FAL* * * (comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL)) for 
A330 aeroplanes, and
    EASA AD 2006-0205, dated July 11, 2006 [http://ad.easa.europa.eu/ad/2006-0205], which also corresponds to FAA AD 
2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 2007) to 
require compliance with FAL * * * (comprising maintenance/inspection 
tasks and Critical Design Configuration Control Limitations (CDCCL)) 
for Airbus A340 aeroplanes.
    All other EASA ADs * * * required accomplishment of aeroplane 
modifications related to Fuel Tank Safety items, the requirements 
and compliance times of which are now integrated into ALS Part 5.
    For the reasons described above this [EASA] AD * * * requires 
the implementation of the new or more restrictive maintenance 
requirements and/or airworthiness limitations as specified in the 
revision 00 of Airbus A340 ALS Part 5.

The unsafe condition is the potential of ignition sources inside fuel 
tanks. Such ignition sources, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane. You may examine the MCAI in the AD docket on the Internet at 
http://www.regulations.gov/#!documentDetail;D=FAA-2014-0060-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 11019, February 27, 
2014) or on the determination of the cost to the public.

Explanation of Change Made to This AD

    We have revised paragraph (i) of this AD by removing a reference to 
a paragraph that was not needed.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or 
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of 
deviations during the accomplishment of an AD-mandated action. The 
Airworthy Product paragraph does not approve messages or other 
information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the actions must be accomplished using a method approved 
by the FAA, the European Aviation Safety Agency (EASA), or Airbus's 
EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 11019, February 27, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 11019, February 27, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 80 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost $0 per product. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $6,800, or $85 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

[[Page 49451]]

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0060; or in person at the 
Docket Management Facility 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.

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:
0
a. Removing Airworthiness Directives (AD) AD 2006-21-08, Amendment 39-
14793 (71 FR 61639, October 19, 2006); AD 2007-14-01, Amendment 39-
15123 (72 FR 38006, July 12, 2007); AD 2008-25-02, Amendment 39-15760 
(73 FR 75307, December 11, 2008); AD 2010-04-09, Amendment 39-16202 (75 
FR 7940, February 23, 2010; corrected March 3, 2010 (75 FR 9515)); AD 
2011-01-02, Amendment 39-16555 (76 FR 432, January 5, 2011); AD 2012-
16-05, and Amendment 39-17152 (77 FR 48425, August 14, 2012); and
0
b. Adding the following new AD:

2014-16-19 Airbus: Amendment 39-17943. Docket No. FAA-2014-0060; 
Directorate Identifier 2012-NM-194-AD.

(a) Effective Date

    This AD becomes effective September 25, 2014.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1) through 
(b)(6) of this AD.
    (1) AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19, 
2006).
    (2) AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 
2007).
    (3) AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 11, 
2008).
    (4) AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23, 
2010; corrected March 3, 2010 (75 FR 9515)).
    (5) AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5, 
2011).
    (6) AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14, 
2012).

(c) Applicability

    This AD applies to Airbus Model A330-201, -202, -203, -223, -
243, -223F, -243F, -301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes, certificated in any category, all manufacturer 
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance Program Revision and Airworthiness Limitations 
Compliance

    (1) Within 3 months after the effective date of this AD, revise 
the maintenance or inspection program, as applicable, by 
incorporating Airbus A330 Airworthiness Limitations Section (ALS) 
Part 5--Fuel Airworthiness Limitations, dated November 16, 2011.
    (2) Comply with all applicable instructions and airworthiness 
limitations included in Airbus A330 ALS Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011. The initial compliance times 
for the actions specified in Airbus A330 ALS Part 5--Fuel 
Airworthiness Limitations, dated November 16, 2011, are at the later 
of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii) of 
this AD, except as required by paragraphs (h) and (i) of this AD.
    (i) Within the applicable compliance times specified in Airbus 
A330 ALS Part 5--Fuel Airworthiness Limitations, dated November 16, 
2011.
    (ii) Within 3 months after accomplishing the actions required by 
paragraph (g)(1) of this AD.

(h) Exceptions to Compliance Times for Design Changes

    (1) For type design changes specified in ``Sub-part 5-2 Changes 
to Type Design,'' of Airbus A330 ALS Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011, the compliance times are 
defined as ``Embodiment Limits,'' except as defined in paragraph 
(h)(2) of this AD.
    (2) Where Airbus A330 ALS Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011, specifies a compliance time 
based on a calendar date for modifying the control circuit for the 
fuel pump of the center fuel tank (installing ground fault 
interrupters to the center tank fuel pump control circuit), the 
compliance date is September 18, 2016 (48 months after the effective 
date of AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14, 
2012)).

(i) No Alternative Actions, Intervals, or Critical Design Configuration 
Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used; except as specified in paragraph (h) of this AD; 
or unless the actions, intervals, or CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(j) 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: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Airbus's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European

[[Page 49452]]

Aviation Safety Agency Airworthiness Directive 2012-0168, dated 
August 31, 2012; for related information. You may examine the MCAI 
in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0060-0002.

(l) 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 this AD specifies otherwise.
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations, dated November 16, 2011. The cover 
page of this document is undated and identified as Revision 00.
    (ii) Reserved.
    (3) 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.
    (4) You may view this 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 August 4, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19363 Filed 8-20-14; 8:45 am]
BILLING CODE 4910-13-P