[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 734-737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31366]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / 
Proposed Rules  

[[Page 734]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-049-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 supersede Airworthiness Directive (AD) 2014-16-
19, for all Airbus Model A330-200 Freighter, -200, and -300 series 
airplanes. AD 2014-16-19 currently requires revision of the maintenance 
or inspection program to include certain fuel airworthiness 
limitations. Since we issued AD 2014-16-19, Airbus has issued more 
restrictive fuel airworthiness limitations. This proposed AD would 
require revision of the maintenance or inspection program, as 
applicable, to include new fuel airworthiness limitations. The proposed 
AD also removes certain airplanes from the applicability of AD 2014-16-
19. We are proposing this AD to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by February 21, 
2017.

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-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.
    For service information identified in this NPRM, 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.

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-
9524; 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 
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, WA 98057-3356; telephone: 425-227-1138; 
fax: 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9524; 
Directorate Identifier 2016-NM-049-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 based on 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

    On August 4, 2014, we issued AD 2014-16-19, Amendment 39-17943 (79 
FR 49449, August 21, 2014) (``AD 2014-16-19''). AD 2014-16-19 requires 
actions intended to correct an unsafe condition for all Airbus Model 
A330-200 Freighter, -200, and -300 series airplanes.
    Since we issued AD 2014-16-19, Airbus has issued more restrictive 
fuel airworthiness limitations.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0065, dated April 5, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all Airbus Model A330-200 Freighter series 
airplanes, Model A330-200 series airplanes, Model A330-300 series 
airplanes; and Model A340-200 series airplanes, Model A340-300 series 
airplanes, Model A340-500 series airplanes, and Model A340-600 series 
airplanes. The MCAI states:

    Prompted by an accident * * *, the Federal Aviation Authority 
(FAA) published Special Federal Aviation Regulation (SFAR) 88, and 
the Joint Aviation Authorities (JAA) published Interim Policy INT/
POL/25/12. A design review was conducted by Airbus to develop Fuel 
Airworthiness Limitations (FAL) for Airbus A330 and A340 aeroplanes 
in response to these regulations.
    The FAL, which are approved by EASA, are defined and published 
in Airbus A330 and A340 Airworthiness Limitations Section (ALS) 
documents known as Part 5. Failure to comply with these instructions 
could result in a fuel tank explosion and consequent loss of the 
aeroplane.
    EASA issued AD 2012-0168 [which corresponds with FAA AD 2014-16-
19 for Model A330 airplanes, and FAA AD 2013-26-03, Amendment 39-
17712 (78 FR 79292, December 30, 2013) for Model A340 airplanes] to 
require compliance with the FAL as specified in the A330 and A340 
ALS Part 5 Revision 00.
    Since that [EASA] AD was issued, Airbus issued Revision 01 of 
both ALS Parts 5 for Airbus A330 and A340 to introduce more 
restrictive maintenance requirements and/or airworthiness 
limitations.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2012-0168, which is superseded, and requires 
accomplishment of the actions

[[Page 735]]

specified in Airbus A330 ALS Part 5 Revision 01, A340 ALS Part 5 
Revision 01, as applicable (hereafter collectively referred to as 
`the ALS' in this AD).

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9524.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
critical design configuration control limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(l)(1) of this proposed AD. The request should include a description of 
changes to the required actions that will ensure the continued damage 
tolerance of the affected structure.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Airbus A330 Airworthiness Limitations Section 
(ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 01, dated 
October 28, 2015. The airworthiness limitations introduce more 
restrictive fuel airworthiness limitations. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Differences Between This Proposed AD and the MCAI or Service 
Information

    This proposed AD does not include the Airbus Model A340 airplanes 
that are specified in the MCAI. We have added the MCAI to the required 
airworthiness actions list (RAAL) for the Model A340 airplanes.
    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Airbus maintenance documentation. However, this proposed AD does 
not include that requirement. Operators of U.S.-registered airplanes 
are required by general airworthiness and operational regulations to 
perform maintenance using methods that are acceptable to the FAA. We 
consider those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an ALS revision into 
an operator's maintenance or inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This proposed AD therefore would apply to Model A330 series 
airplanes with an original certificate of airworthiness or original 
export certificate of airworthiness that was issued on or before the 
date of approval of the ALS revision identified in this proposed AD. 
Operators of airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued after that date 
must comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 104 airplanes of U.S. 
registry.
    The actions required by AD 2014-16-19, and retained in this 
proposed AD take about 1 work-hour per product, at an average labor 
rate of $85 per work-hour. Based on these figures, the estimated cost 
of the actions that are required by AD 2014-16-19 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $8,840, 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

[[Page 736]]

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 removing Airworthiness Directive (AD) 
2014-16-19, Amendment 39-17943 (79 FR 49449, August 21, 2014), and 
adding the following new AD:

Airbus: Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-
049-AD.

(a) Comments Due Date

    We must receive comments by February 21, 2017.

 (b) Affected ADs

    This AD replaces AD 2014-16-19, Amendment 39-17943 (79 FR 49449, 
August 21, 2014) (``AD 2014-16-19'').

 (c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs 
(c)(1) through (c)(3) of this AD, certificated in any category, with 
an original certificate of airworthiness or original export 
certificate of airworthiness issued on or before October 28, 2015.
    (1) Airbus Model A330-223F and -243F airplanes.
    (2) Airbus Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.

 (d) Subject

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

 (e) Reason

    This AD was prompted by the issuance of more restrictive fuel 
airworthiness limitations. 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) Retained Maintenance Program Revision and Airworthiness 
Limitations Compliance, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2014-16-19, with no changes.
    (1) Within 3 months after September 25, 2014 (the effective date 
of AD 2014-16-19), revise the maintenance or inspection program, as 
applicable, by incorporating Airbus A330 Airworthiness Limitations 
Section (ALS) Part 5--Fuel Airworthiness Limitations (FAL), dated 
November 16, 2011.
    (2) Comply with all applicable instructions and airworthiness 
limitations included in Airbus A330 ALS Part 5--FAL, dated November 
16, 2011. The initial compliance times for the actions specified in 
Airbus A330 ALS Part 5--FAL, 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--FAL, dated November 16, 2011.
    (ii) Within 3 months after accomplishing the actions required by 
paragraph (g)(1) of this AD.

 (h) Retained Exceptions to Compliance Times for Design Changes, With 
No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2014-16-19, with no changes.
    (1) For type design changes specified in ``Sub-part 5-2 Changes 
to Type Design,'' of Airbus A330 ALS Part 5--FAL, 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--FAL, 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) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With Added Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2014-16-19, with an added exception. Except as required by paragraph 
(j) of this AD: After accomplishing the revision required by 
paragraph (g)(1) 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 (l)(1) of this 
AD.

 (j) New Requirement of This AD: Revise the Maintenance or Inspection 
Program

    Within 3 months after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate 
Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015. 
The compliance times for accomplishing the initial tasks specified 
in Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015, 
are at the times specified in Airbus A330 ALS Part 5--FAL, Revision 
01, dated October 28, 2015, or within 3 months after revising the 
maintenance or inspection program as required by paragraph (j) of 
this AD, whichever occurs later. Accomplishing the revision required 
by this paragraph terminates the actions required by paragraph (g) 
of this AD.

 (k) New Requirement of This AD: No Alternative Actions, Intervals, or 
CDCCLs

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

 (l) 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

[[Page 737]]

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.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, 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.

 (m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2016-0065, dated April 5, 2016, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2016-9524.
    (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. 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.

    Issued in Renton, Washington, on December 16, 2016.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-31366 Filed 1-3-17; 8:45 am]
 BILLING CODE 4910-13-P