AD 2013-26-03

[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79292-79295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-31042]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1030; Directorate Identifier 2012-NM-193-AD; 
Amendment 39-17712; AD 2013-26-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2011-24-09 
which applied to certain Airbus Model A340-200 and A340-300 series 
airplanes. AD 2011-24-09 requires inspections to verify electrical 
bonding for the water drain system and ventilation intake system, and 
modification if necessary. This new AD requires revising the 
maintenance program to incorporate certain maintenance requirements and 
airworthiness limitations, and adds additional airplanes to the 
applicability. This AD was prompted by a determination that existing 
maintenance requirements are not adequate to address the unsafe 
condition. 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 January 14, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of January 14, 
2014.
    We must receive comments on this AD by February 13, 2014.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 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#20414952574f525448494e4553530e611313100d61131410604149524255530e434f4d"><span class="__cf_email__" data-cfemail="60010912170f121408090e0513134e215353504d21535450200109120215134e030f0d">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>. 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.

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 this AD, the MCAI, 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:

Discussion

    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 for the specified 
products. The MCAI states:

    Prompted by an accident [involving a fuel tank system explosion 
in flight] * * * the FAA published Special Federal Aviation 
Regulation (SFAR) 88 (<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/EEFB3F94451DC06286256C93004F5E07?OpenDocument">http://rgl.faa.gov/Regulatory_and_Guidance_Library%5CrgFAR.nsf/0/EEFB3F94451DC06286256C93004F5E07?OpenDocument</a>), and the Joint 
Aviation Authorities (JAA)

[[Page 79293]]

published Interim Policy INT/POL/25/12. The design review conducted 
Airbus to develop Fuel Airworthiness Limitations (FAL) * * * now 
referenced in Airbus A330 and A340 Airworthiness Limitations Section 
(ALS) Part 5 revision 00 (both approved by EASA on 16 November 2011) 
* * *.
    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:
    EASA AD 2007-0023 (<a href="http://ad.easa.europa.eu/ad/2007-0023">http://ad.easa.europa.eu/ad/2007-0023</a>) [which 
corresponds to FAA AD 2007-14-01, Amendment 39-15123, (72 FR 38006, 
July 12, 2007)] to require compliance with FAL specified in the 
Airbus A330 FAL Document reference 95A.1932/05 at Issue 02 
(comprising maintenance/inspection tasks and Critical Design 
Configuration Control Limitations (CDCCL)) for A330 aeroplanes, and
    EASA AD 2006-0205 (<a href="http://ad.easa.europa.eu/ad/2006-0205">http://ad.easa.europa.eu/ad/2006-0205</a>) [which 
also corresponds to FAA AD 2007-14-01, Amendment 39-15123, (72 FR 
38006, July 12, 2007)] to require compliance with FAL specified in 
Airbus A340 FAL Document reference 95A.1933/05 at Issue 01 
(comprising maintenance/inspection tasks and Critical Design 
Configuration Control Limitations (CDCCL)) for Airbus A340 
aeroplanes.
    * * * 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.

    This AD also adds new airplanes to the applicability of this AD. AD 
2011-24-09 (76 FR 73486, November 29, 2011) applied to certain Airbus 
Model A340-200 and A340-300 series airplanes. This AD applies to all 
Airbus Model A340-200, A340-300, A340-500, and A340-600 series 
airplanes. We are considering additional rulemaking to address the 
Airbus Model A330-200 freighter, A330-200, and A330-300 series 
airplanes. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Airbus has issued A340 Airworthiness Limitations Section (ALS), 
Part 5--Fuel Airworthiness Limitations, dated November 16, 2011; and 
A340 Variation to revision 00 of ALS Part 5--Fuel Airworthiness 
Limitations (FAL), dated January 23, 2012 (variation reference 
0FVLG110039/C0S). The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

Related Rulemaking

    Certain maintenance requirements specified Airbus A340 
Airworthiness Limitations Section (ALS), Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011, are already required by other 
ADs. Therefore accomplishing the actions required by this AD will 
terminate the requirements of the following ADs for Model A340 
airplanes:
    <bullet> AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 
19, 2006);
    <bullet> AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 
2007);
    <bullet> AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 
11, 2008);
    <bullet> AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 
23, 2010; as corrected in the Federal Register on March 3, 2010 (75 FR 
9515);
    <bullet> AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5, 
2011); and
    <bullet> AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14, 
2012).

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.
    This AD requires 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 these actions, 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 
AD. The request should include a description of changes to the required 
actions that will ensure the continued operational safety of the 
airplane.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-1030; Directorate 
Identifier 2012-NM-193-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 0 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise maintenance program..........  1 work-hour x $85 per                $0              $85               $0
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------


[[Page 79294]]

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.

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 the airworthiness directive: 
(AD) 2011-24-09, Amendment 39-16873 (76 FR 73486, November 29, 2011), 
and adding the following new AD:

2013-26-03 Airbus: Amendment 39-17712. Docket No. FAA-2013-1030; 
Directorate Identifier 2012-NM-193-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 14, 
2014.

(b) Affected ADs

    (1) This AD supersedes AD 2011-24-09, Amendment 39-16873 (76 FR 
73486, November 29, 2011).
    (2) Certain requirements of this AD terminate the requirements 
of the ADs specified in paragraphs (b)(2)(i) through (b)(2)(vi) of 
this AD, for Airbus Model A340 airplanes only.
    (i) AD 2006-21-08, Amendment 39-14793 (71 FR 61639, October 19, 
2006).
    (ii) AD 2007-14-01, Amendment 39-15123 (72 FR 38006, July 12, 
2007).
    (iii) AD 2008-25-02, Amendment 39-15760 (73 FR 75307, December 
11, 2008).
    (iv) AD 2010-04-09, Amendment 39-16202 (75 FR 7940, February 23, 
2010; as corrected in the Federal Register on March 3, 2010 (75 FR 
9515).
    (v) AD 2011-01-02, Amendment 39-16555 (76 FR 432, January 5, 
2011).
    (vi) AD 2012-16-05, Amendment 39-17152 (77 FR 48425, August 14, 
2012).

(c) Applicability

    This AD applies to Airbus Model A340-211, A340-212, A340-213, 
A340-311, A340-312, A340-313, A340-541, and A340-642 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 existing 
maintenance requirements are not adequate to address the unsafe 
condition. 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 a fuel tank explosion 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) Maintenance Program Revision

    (1) Within 3 months after the effective date of this AD, revise 
the maintenance program by incorporating Airbus A340 Airworthiness 
Limitations Section (ALS) Part 5--Fuel Airworthiness Limitations, 
dated November 16, 2011; and Airbus A340 Variation to revision 00 of 
ALS Part 5--Fuel Airworthiness Limitations (FAL), dated January 23, 
2012 (variation reference 0FVLG110039/C0S).
    (2) Comply with all applicable instructions and airworthiness 
limitations included in A340 ALS Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011; and Airbus A340 Variation to 
revision 00 of ALS Part 5--Fuel Airworthiness Limitations (FAL), 
dated January 23, 2012 (variation reference 0FVLG110039/C0S), except 
as required by paragraph (i) of this AD. The initial compliance 
times for the actions specified in Airbus A340 Airworthiness 
Limitations Section (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 paragraph (h) of this AD.
    (i) Within the applicable compliance times specified in Airbus 
A340 Airworthiness Limitations Section (ALS) Part 5--Fuel 
Airworthiness Limitations, dated November 16, 2011, including the 
Record of Revisions pages of A340 ALS, Part 5--Fuel Airworthiness 
Limitations, dated November 16, 2011.
    (ii) Within 3 months after accomplishing paragraph (g)(1) of 
this AD.

(h) Compliance Time Exception

    For the tasks specified in the table in Sub-Part 5-4 Repetitive 
Maintenance/Inspections Tasks of Airbus A340 Airworthiness 
Limitations Section (ALS) Part 5--Fuel Airworthiness Limitations, 
dated November 16, 2011, the initial compliance times are at the 
later of the times specified in paragraph (h)(1) and (h)(2) of this 
AD.
    (1) Before the accumulation of the applicable compliance time 
specified in the ``Interval'' column on airplanes identified in the 
``Applicability'' column.
    (2) Within 3 months after accomplishing paragraph (g)(1) of this 
AD.

(i) Exception for Compliance Time for Modification of Control Circuit

    Where Airbus A340 ALS Part 5, Fuel Airworthiness Limitations, 
dated November 16, 2011, specifies a calendar compliance time for 
modifying the control circuit for the fuel pump of the center fuel 
tank (for Model A340-200 and A340-300 airplanes), and of the center 
and rear center fuel tanks (for Model A340-541 and A340-642 
airplanes), and installing ground fault interrupters to the center 
tank fuel pump control circuit, the calendar compliance time is 
September 18, 2016 (48 months after the effective date of AD 2012-
16-05, Amendment 39-17152 (77 FR 48425, August 14, 2012)).

(j) 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 defined in paragraphs (h) and (i) of 
this AD, or unless the actions, intervals, or CDCCLs are approved as 
an alternative method of compliance (AMOC) in accordance with the

[[Page 79295]]

procedures specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Other ADs

    Accomplishing the revision required by paragraph (g)(1) of this 
AD terminates the requirements of the ADs specified in paragraphs 
(k)(1) through (k)(6) of this AD, for Airbus Model A340 airplanes 
only.
    (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; as corrected in the Federal Register on 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).

(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 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#7f46523e3132524e4e49523e32303c522d3a2e2a3a2c2b2c3f191e1e51181009"><span class="__cf_email__" data-cfemail="cdf4e08c8380e0fcfcfbe08c80828ee09f889c98889e999e8dabacace3aaa2bb">[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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval). For a repair method to be approved, 
the repair approval must specifically refer to this AD. You are 
required to ensure the product is airworthy before it is returned to 
service.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information European 
Aviation Safety Agency (EASA) Airworthiness Directive 2012-0168, 
dated August 31, 2012, for related information, which can be found 
in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

(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 the AD specifies otherwise.
    (i) Airbus A340 Airworthiness Limitations Section (ALS) Part 5--
Fuel Airworthiness Limitations, Revision 00, dated November 16, 
2011. The revision date is not identified on the title page of this 
document.
    (ii) Airbus A340 Variation to revision 00 of ALS Part 5--Fuel 
Airworthiness Limitations (FAL), dated January 23, 2012 (variation 
reference 0FVLG110039/C0S).
    (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#bfded6cdc8d0cdcbd7d6d1dacccc91fe8c8c8f92fe8c8b8fffded6cdddcacc91dcd0d2"><span class="__cf_email__" data-cfemail="92f3fbe0e5fde0e6fafbfcf7e1e1bcd3a1a1a2bfd3a1a6a2d2f3fbe0f0e7e1bcf1fdff">[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 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on December 11, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-31042 Filed 12-27-13; 8:45 am]
BILLING CODE 4910-13-P