AD 2012-16-05

[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Rules and Regulations]
[Pages 48425-48427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-19262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0192; Directorate Identifier 2011-NM-225-AD; 
Amendment 39-17152; AD 2012-16-05]
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 adopting a new airworthiness directive (AD) for certain 
Airbus Model A330-200 and -200 freighter series airplanes; and Model 
A340-200, -300, -500, and -600 series airplanes. This AD was prompted 
by fuel system reviews conducted by the manufacturer. This AD requires 
modification of the control circuit for the fuel pumps for the center 
fuel tanks for certain airplanes, and center and rear fuel tanks for 
certain other airplanes. 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 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 18, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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 include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 16, 2012 (77 
FR 15644). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * [T]he FAA issued a set of new rules related to Fuel Tank 
Safety including Special Federal Aviation Regulation (SFAR) 88. In 
line with SFAR88, the JAA [Joint Aviation Authorities] issued policy 
JAA INT/POL 25/12 and recommended to the National Aviation 
Authorities (NAA) the application of a similar regulation.
    To ensure compliance with the requirements set by SFAR88 and JAA 
INT/POL 25/12, this [EASA] AD requires that Ground Fault 
Interrupters (GFI) are installed into the electrical power supply 
circuits of fuel pumps for which the canisters become uncovered 
during normal operation, taking into account normal fuel reserve or 
the fuel level, triggering the low fuel level warning.
    The function of this additional system protection is to 
electrically isolate the pump if a ground fault condition occurs 
downstream of the GFI. The GFI gives additional earth leakage 
protection to the downstream circuit.

The unsafe condition is 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 
corrective action is modifying the control circuits of the fuel pump 
for the rear and center fuel tanks. You may obtain further information 
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 15644, March 16, 
2012) or on the determination of the cost to the public.

Changes to the AD

    European Aviation Safety Agency (EASA) has issued AD 2011-0196, 
dated October 7, 2011, corrected March 23, 2012, to correct a 
typographical error in the applicability paragraph of the MCAI which 
changed the intent of the applicability. The exception to the

[[Page 48426]]

applicability should have specified ``or'' instead of ``and.'' We have 
changed paragraph (c)(2) of this AD to add paragraphs (c)(2)(i) and 
(c)(2)(ii) to this AD to clarify the exception to the applicability of 
this AD.
    Airbus has issued Mandatory Service Bulletins A330-28-3113, 
Revision 01, dated March 27, 2012 (for Model A330-200 and -200 
freighter series airplanes); and A340-28-4129, Revision 01, dated March 
27, 2012 (for Model A340-200 and -300 series airplanes); to include a 
test procedure for a certain ground fault interrupter. We have revised 
paragraphs (g) and (j) of this AD to reference Airbus Mandatory Service 
Bulletins A330-28-3113, Revision 01, dated March 27, 2012; and A340-28-
4129, Revision 01, dated March 27, 2012. We have added paragraph (h) to 
this AD to allow credit for actions done in accordance with Airbus 
Mandatory Service Bulletins A330-28-3113, dated July 19, 2011; and 
A330-28-4129, dated July 19, 2011; we have revised subsequent paragraph 
identifiers accordingly.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously and minor editorial changes. We have determined that these 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 15644, March 16, 2012) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 15644, March 16, 2012).

Costs of Compliance

    We estimate that this AD will affect 29 products of U.S. registry. 
We also estimate that it will take about 10 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $3,480 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $125,570 or $4,330 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (77 FR 15644, March 16, 
2012), 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.

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 adding the following new AD:

2012-16-05 Airbus: Amendment 39-17152. Docket No. FAA-2012-0192; 
Directorate Identifier 2011-NM-225-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
18, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1), 
(c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Airbus Model A330-201, -202, -203, -223, and -243 airplanes; 
all serial numbers; except those on which Airbus modification 200242 
has been accomplished in production.
    (2) Airbus Model A330-223F and -243F airplanes; all serial 
numbers; except airplanes identified in paragraph (c)(2)(i) or 
(c)(2)(ii) of this AD.
    (i) Airplanes on which Airbus modification 58623 has been 
accomplished in production and on which Airbus modification 200281 
has not been accomplished in production; or
    (ii) Airplanes on which modification 200242 has been 
accomplished in production.
    (3) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, 
and -642 airplanes; all serial numbers; except airplanes on which 
Airbus modification 200242 has been accomplished in production.

(d) Subject

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

(e) Reason

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. 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

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    Within 48 months after the effective date of this AD, do the 
actions specified in

[[Page 48427]]

paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (1) For Model A330-200 and -200F series airplanes, and Model 
A340-200 and -300 series airplanes: Modify the control circuit for 
the fuel pump for the center fuel tank, in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-28-3113, Revision 01, dated March 27, 2012 (for Model A330-200 
and -200 freighter series airplanes); or A340-28-4129, Revision 01, 
dated March 27, 2012 (for Model A340-200 and -300 series airplanes).
    (2) For Model A340-500 and -600 series airplanes: Modify the 
control circuit for the fuel pump for the rear and/or center fuel 
tanks, in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A340-28-5051, dated September 1, 2011.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD, using Airbus Mandatory Service 
Bulletin A330-28-3113 or A340-28-4129, both dated July 19, 2011, as 
applicable.

(i) 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: <a href="/cdn-cgi/l/email-protection#61584c202f2c4c5050574c202c2e224c3324303424323532210700004f060e17"><span class="__cf_email__" data-cfemail="1c25315d5251312d2d2a315d51535f314e594d49594f484f5c7a7d7d327b736a">[email&#160;protected]</span></a>. 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2011-0196, dated October 7, 2011, corrected 
March 23, 2012, and the service bulletins specified in paragraphs 
(j)(1), (j)(2), and (j)(3) of this AD, for related information.
    (1) Airbus Mandatory Service Bulletin A330-28-3113, Revision 01, 
dated March 27, 2012.
    (2) Airbus Mandatory Service Bulletin A340-28-4129, Revision 01, 
dated March 27, 2012.
    (3) Airbus Mandatory Service Bulletin A340-28-5051, dated 
September 1, 2011.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A330-28-3113, Revision 01, 
dated March 27, 2012.
    (ii) Airbus Mandatory Service Bulletin A340-28-4129, Revision 
01, dated March 27, 2012.
    (iii) Airbus Mandatory Service Bulletin A340-28-5051, dated 
September 1, 2011.
    (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 <a href="/cdn-cgi/l/email-protection#75141c07021a07011d1c1b1006065b34464645583446414535141c071700065b161a18"><span class="__cf_email__" data-cfemail="62030b10150d10160a0b0c0711114c235151524f2351565222030b100017114c010d0f">[email&#160;protected]</span></a>; 
Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (5) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19262 Filed 8-13-12; 8:45 am]
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