[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26487-26490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09789]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6144; Directorate Identifier 2015-NM-088-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Airbus Model A318, A319, and A320 series airplanes; Model A330-
200, -200 Freighter, and -300 series airplanes; and Model A340-200, -
300, -500, and -600 series airplanes. This proposed AD was prompted by 
fuel system reviews conducted by the manufacturer. This proposed AD 
would require modifying the fuel quantity indicating system (FQIS) to 
prevent development of an ignition source inside the center fuel tank 
due to electrical fault conditions. This proposed AD would also provide 
alternative actions for cargo airplanes. We are proposing this AD to 
prevent ignition sources inside the center fuel tank, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 17, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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-

[[Page 26488]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above 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 by searching for and locating Docket No. FAA-2016-
6144; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2016-6144; 
Directorate Identifier 2015-NM-088-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    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. Subsequently, SFAR 88 was amended by: Amendment 21-82 
(67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November 
26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected 
at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83'').
    Among other actions, SFAR 88 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, combination of 
failures, and unacceptable (failure) experience. For all three failure 
criteria, the evaluations included consideration of previous actions 
taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD 
are necessary to 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.

Model A320/330/340 FQIS Design

    The design of the in-tank FQIS components and wiring has the 
potential for a latent FQIS electrical fault condition inside the fuel 
tank combined with an electrical hot short condition connecting a high 
power source to the FQIS wiring to cause an ignition source in a fuel 
tank.
    Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-
15, SFAR 88--Mandatory Action Decision Criteria, dated February 25, 
2003 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/
0/dc94c3a46396950386256d5e006aed11/$FILE/Feb2503.pdf), the FAA 
determined that this ignition source risk combined with the fleet 
average flammability for the center wing tank on airplanes affected by 
this NPRM created an unsafe condition for the center fuel tank. 
Applying that same policy, the FAA determined that due to a lower fleet 
average flammability, that same unsafe condition does not exist in the 
main wing tanks (inner and outer) and tail trim tank of these 
airplanes.

Related Rulemaking

    On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81 
FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, -
200CB, and -300 series airplanes. AD 2016-07-07 requires similar 
actions to those proposed in this NPRM. AD 2016-07-07 addressed the 
numerous public comments that were submitted on the proposal.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. We are 
proposing this AD because we evaluated all the relevant information and 
determined the unsafe condition described previously is likely to exist 
or develop in other products of the same type design.
    In accordance with FAA policy memo SFAR 88--Mandatory Action 
Decision Criteria, dated February 25, 2003, we have determined that the 
unsafe condition warrants issuance of an AD to mandate the actions 
proposed in this NPRM.

Proposed AD Requirements

    This proposed AD would require modifying the FQIS to prevent 
development of an ignition source inside the center fuel tank due to 
electrical fault conditions. As an alternative for cargo airplanes, 
this proposed AD would provide the alternative to modify the airplane 
by separating FQIS wiring routed between the fuel quantity indicating 
(FQI) computer and the center fuel tank, provided repetitive BITE 
(built-in test equipment) checks of the FQI computer are also 
performed.

[[Page 26489]]

Costs of Compliance

    We estimate that this proposed AD affects 1 airplane of U.S. 
registry.
    We also estimate that it would take about 1,200 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. We have received no definitive 
data that would enable us to provide cost estimates for the parts 
needed to do the actions specified in this proposed AD. Based on these 
figures, we estimate the labor cost of this proposed AD on U.S. 
operators to be $102,000.
    We have not received definitive information on the costs for the 
alternative wire separation modification specified in this NPRM. The 
cost for this action in similar rulemaking on other airplanes, however, 
suggests that this modification could take about 74 work-hours with 
parts costing about $10,000, for a total estimated cost to U.S. 
operators of $16,290 per product.
    We estimate that the repetitive FQIS tank circuit checks associated 
with the alternative wire separation modification would take about 1 
work-hour per check. We estimate the cost of this check on U.S. 
operators to be $85 per product, per check.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 airworthiness 
directive (AD):

Airbus: Docket No. FAA-2016-6144; Directorate Identifier 2015-NM-
088-AD.

(a) Comments Due Date

    We must receive comments by June 17, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (c)(6) of this AD, 
except airplanes equipped with a flammability reduction means (FRM) 
approved by the FAA as compliant with the Fuel Tank Flammability 
Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of 
14 CFR 25.981(b) or 14 CFR 26.33(c)(1).
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, 
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 
airplanes.
    (4) Model A330-201, -202, -203, -223, -223F, -243, and -243F 
airplanes.
    (5) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes fitted with a center fuel tank.
    (6) Model A340-211, -212, -213, -311, -312, -313, -541, and -642 
airplanes.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent ignition sources 
inside the center fuel tank, which, in combination with flammable 
fuel vapors, could result in a fuel tank explosion and consequent 
loss of the airplane.

(f) Compliance

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

(g) Modification

    Within 60 months after the effective date of this AD, modify the 
fuel quantity indicating system (FQIS) to prevent development of an 
ignition source inside the center fuel tank due to electrical fault 
conditions, using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA.

(h) Alternative Actions for Cargo Airplanes

    For airplanes used exclusively for cargo operations: As an 
alternative to the requirements of paragraph (g) of this AD, do the 
actions specified in paragraphs (h)(1) and (h)(2) of this AD. To 
exercise this alternative, operators must perform the first 
inspection required under paragraph (h)(1) of this AD within 6 
months after the effective date of this AD. To exercise this 
alternative for airplanes returned to service after conversion of 
the airplane from a passenger configuration to an all-cargo 
configuration more than 6 months after the effective date of this 
AD, operators must perform the first inspection required under 
paragraph (h)(1) of this AD prior to further flight after the 
conversion.
    (1) Within 6 months after the effective date of this AD, record 
the existing fault codes stored in the fuel quantity indicating 
(FQI) computer, and then do a BITE check (check of built-in test 
equipment) of the FQI computer, using a method approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA. If any fault code is recorded prior to the BITE 
check or as a result of the BITE check, before further flight, do 
all applicable repairs and repeat the BITE check until a successful 
test is performed with no fault found, using a method approved by 
the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA. Repeat these actions thereafter at intervals not 
to exceed 650 flight hours. Modification as specified in paragraph 
(h)(2) of this AD does not terminate the repetitive BITE check 
requirement of this paragraph.
    (2) Within 60 months after the effective date of this AD, modify 
the airplane by separating FQIS wiring that runs between the FQI 
computer and the center fuel tank wall penetrations, including any 
circuits that might pass through a main fuel tank, from other 
airplane wiring that is not intrinsically safe, using methods 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA.

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(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Branch, ANM-116, 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 manager of the ACO, send it to the attention of the 
person identified in paragraph (j) of this AD.
    (2) 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.

(j) Related Information

    For more information about this AD, 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.

    Issued in Renton, Washington, on April 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-09789 Filed 5-2-16; 8:45 am]
BILLING CODE 4910-13-P