[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24017-24020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10281]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-049-AD; 
Amendment 39-18891; AD 2017-10-17]
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 Directive (AD) 2014-16-19 for 
all Airbus Model A330-200 Freighter, -200, and -300 series airplanes. 
AD 2014-16-19 required revision of the maintenance or inspection 
program to include certain fuel airworthiness limitations. This new AD 
requires revision of the maintenance or inspection program, as 
applicable, to include new fuel airworthiness limitations. This new AD 
also removes certain airplanes from the applicability of AD 2014-16-19. 
This AD was prompted by the issuance of more restrictive fuel 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 29, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
September 25, 2014 (79 FR 49449, August 21, 2014).

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-9524.

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 AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (telephone: 800-
647-5527) is 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 20590.

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 AD 2014-16-19, Amendment 39-17943 (79 FR 49449, 
August 21, 2014) (``AD 2014-16-19''). AD 2014-16-19 applied to all 
Airbus Model A330-200 Freighter, -200, and -300 series airplanes. The 
NPRM published in the Federal Register on January 4, 2017 (82 FR 734). 
The NPRM was prompted by the issuance of more restrictive fuel 
airworthiness

[[Page 24018]]

limitations. The NPRM proposed to require revision of the maintenance 
or inspection program, as applicable, to include new fuel airworthiness 
limitations. The NPRM also proposed to remove certain airplanes from 
the applicability of AD 2014-16-19. 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.
    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 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 [EASA] 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The Air Line Pilots 
Association, International expressed support for the NPRM.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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. These 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.

Costs of Compliance

    We estimate that this AD affects 104 airplanes of U.S. registry.
    The actions required by AD 2014-16-19, and retained in this 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 will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this 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 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.

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

2017-10-17 Airbus: Amendment 39-18891; Docket No. FAA-2016-9524; 
Directorate Identifier 2016-NM-049-AD.

(a) Effective Date

    This AD is effective June 29, 2017.

[[Page 24019]]

(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 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 the attention of 
the person identified in paragraph (m)(2) of this AD. 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 more information about this AD, 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.

(n) 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.
    (3) The following service information was approved for IBR on 
June 29, 2017.
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations (FAL), Revision 01, dated October 28, 
2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
September 25, 2014 (79 FR 49449, August 21, 2014).
    (i) Airbus A330 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations (FAL), dated November 16, 2011. The 
cover page of this document is undated and identified as Revision 
00.
    (ii) Reserved.
    (5) 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.
    (6) 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.

[[Page 24020]]

    (7) 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 May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10281 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-13-P