[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]
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