AD 2014-03-14

[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Rules and Regulations]
[Pages 9382-9385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-02994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0632; Directorate Identifier 2013-NM-045-AD; 
Amendment 39-17752; AD 2014-03-14]
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 all 
Airbus Model A330-200 and -300 series airplanes, and Model A340-200, -
300, -500, and -600 series airplanes. This AD was prompted by results 
from fuel system reviews conducted by the airplane manufacturer. This 
AD requires removing bulb-type maintenance lights; installing a drain 
mast on certain airplanes; and installing muffs on connecting bleed 
elements on certain airplanes. We are issuing this AD to prevent 
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 March 26, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 26, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2013-0632; or in person at the 
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.
    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#5a3b33282d35282e3233343f2929741b69696a771b696e6a1a3b3328382f2974393537"><span class="__cf_email__" data-cfemail="6b0a02191c04191f0302050e1818452a58585b462a585f5b2b0a0219091e1845080406">[email&#160;protected]</span></a>; Internet <a href="http://www.airbus.com">http://www.airbus.com</a>. 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.

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 by adding an AD that would apply to all Airbus Model A330-200 
and -300 series airplanes, and Model A340-200, -300, -500, and -600 
series airplanes. The NPRM published in the Federal Register on July 
31, 2013 (78 FR 46306). The NPRM was prompted by results from fuel 
system reviews conducted by the airplane manufacturer. The NPRM 
proposed to require removing bulb-type maintenance lights; installing a 
drain mast on certain airplanes; and installing muffs on connecting 
bleed elements on certain airplanes. We are issuing this AD to prevent 
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 Community, has issued EASA 
Airworthiness Directive 2013-0033, dated February 19, 2013 (referred to 
after this the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    [Subsequent to accidents involving fuel tank system explosions 
in flight and on ground], the FAA published Special Federal Aviation 
Regulation (SFAR) 88 [66FR 23086, May 7, 2001], and the Joint 
Aviation Authorities (JAA) published Interim Policy INT/POL/25/12.
    In response to these regulations, a global design review 
conducted by Airbus on the A330 and A340 type design Section 19, 
which is a flammable fluid leakage zone and a zone adjacent to a 
fuel tank, highlighted potential deviations. The specific identified 
cases were that drainage is inefficient in flight on A340-500/-600 
aeroplanes, maintenance lights are not qualified explosion proof, 
and hot surfaces may exist on bleed system during normal/failure 
operations.
    This condition, if not corrected, in combination with a fuel 
leak generating flammable vapours in the area, could result in a 
fuel tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires removal 
of bulb type maintenance lights for all aeroplanes, installation of 
the drain mast between Frame (FR) 80 and FR83 for A340-500/-600, and 
installation of muffs on connecting bleed elements to minimize hot 
surfaces on A330 and A340-200/-300.

    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-0632-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received. The following 
presents the comments received on the proposal (78 FR 46306, July 31, 
2013) and the FAA's response to each comment.

Request To Require New Service Information

    Airbus requested that we specify the use of Revision 01 of Airbus 
Mandatory Service Bulletin A340-36-4035, dated September 24, 2013, 
instead of the original issue of Airbus Mandatory Service Bulletin 
A340-36-4035, dated September 18, 2012. Airbus stated that since the 
issuance of the MCAI, it identified an inversion of configurations in 
Airbus Mandatory Service Bulletin A340-36-4035. Airbus stated that it

[[Page 9383]]

determined that this inversion had an impact on the NPRM (78 FR 46306, 
July 31, 2013) intent and it agreed with the EASA that the MCAI needs 
to be superseded to mandate Revision 01 of Airbus Mandatory Service 
Bulletin A340-36-4035, dated September 24, 2013.
    We agree with the commenter. Airbus Mandatory Service Bulletin 
A340-36-4035, Revision 01, dated September 24, 2013, introduces 
corrections to part numbers for two insulation sleeves between frames 
83 and 84 in configurations 002, 003, and 005. This revision also adds 
an additional work task for configurations 002, 003, and 005 to replace 
two insulation sleeves between frame 83 and 84, and changes the 
insulation sleeves kit allocation for configurations 002, 003, and 005 
to allocate the correct kit to every configuration.
    Even though Airbus Mandatory Service Bulletin A340-36-4035, 
Revision 01, dated September 24, 2013, introduces additional work it 
does not affect United States operators since there are no Model A340 
airplanes registered in the United States.
    We have changed paragraph (h) of this final rule to reference 
Airbus Mandatory Service Bulletin A340-36-4035, Revision 01, dated 
September 24, 2013.

Request To Reference Certain Service Bulletins

    Airbus noted that we reference Airbus Service Bulletin A340-33-5007 
in Note 1 to paragraph (g) of the NPRM (78 FR 46306, July 31, 2013). 
Airbus stated that it is working on the issuance of equivalent service 
bulletins, and requested that we reference these service bulletins.
    We disagree with the commenter's request. The referenced service 
information is not available. To delay this action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that actions specified in this final rule must be conducted to 
ensure continued safety. We might consider additional rulemaking when 
new service information is made available. We have not changed this 
final rule in this regard.

Request To Remove Certain Credit for Previous Actions

    Airbus requested that we remove the credit given for actions 
accomplished in accordance with Airbus Service Bulletin A330-36-3037, 
dated September 23, 2011, which is referenced in paragraph (k)(3) of 
the NPRM (78 FR 46306, July 31, 2013). Airbus stated that it was on 
purpose that no credit was provided in the MCAI for this service 
bulletin.
    We agree with the commenter's request. Airbus Service Bulletin 
A330-36-3037, Revision 01, dated January 24, 2013, introduces 
corrections to accomplish certain procedures that are used to comply 
with the intent of this final rule. We have removed the reference to 
Airbus Service Bulletin A330-36-3037, dated September 23, 2011, in 
paragraph (k)(3) of this final rule.

Request To Use Alternative Materials

    Delta Airlines (DAL) requested that we provide authorization to use 
alternative materials to those listed in Airbus Mandatory Service 
Bulletin A330-33-3041, Revision 01, dated July 10, 2012: and Airbus 
Mandatory Service Bulletin A330-36-3040, Revision 01, dated November 
26, 2012. DAL stated that it cannot acquire certain materials, and 
suggested certain alternative materials.
    We disagree with the commenter's request. The use of the 
alternative materials proposed by the commenter to those listed in 
Airbus Mandatory Service Bulletin A330-33-3041, Revision 01, dated July 
10, 2012; and Airbus Mandatory Service Bulletin A330-36-3040, Revision 
01, dated November 26, 2012; is not authorized by the airplane 
manufacturer. Under the provisions of paragraph (l) of this final rule, 
however, we will consider requests for approval of use of other 
materials as alternative methods of compliance. We have not changed 
this final rule in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
this 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 (78 FR 46306, July 31, 2013) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 46306, July 31, 2013).

Costs of Compliance

    We estimate that this AD affects 43 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Installation...................  Up to 21 work-hours x   Up to $5,219.....  Up to $7,004.....  Up to $301,172.
                                  $85 per hour = $1,785.
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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);

[[Page 9384]]

    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.

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2013-0632; 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 street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section.

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:

2014-03-14 Airbus: Amendment 39-17752. Docket No. FAA-2013-0632; 
Directorate Identifier 2013-NM-045-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 26, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, specified in paragraphs (c)(1) and (c)(2) of this AD, all 
manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, 
and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection; 33, Lights; 36, Pneumatic; 53, Fuselage.

(e) Reason

    This AD results from fuel system reviews conducted by the 
airplane manufacturer. We are issuing this AD to prevent 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) Maintenance Light Removal

    Except airplanes on which Airbus Modification 56739 has been 
incorporated in production: Within 26 months after the effective 
date of this AD, remove the maintenance lights, in accordance with 
the Accomplishment Instructions of the applicable Airbus service 
information specified in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD.
    (1) Airbus Mandatory Service Bulletin A330-33-3041, Revision 01, 
dated July 10, 2012 (for Model A330 series airplanes).
    (2) Airbus Mandatory Service Bulletin A340-33-4026, Revision 01, 
dated July 10, 2012 (for Model A340-200 and -300 series airplanes).
    (3) Airbus Mandatory Service Bulletin A340-33-5006, dated 
January 3, 2012 (for Model A340-500 and -600 series airplanes).

    Note 1 to paragraph (g) of this AD:  For Model A340-500 and -600 
series airplanes, Airbus has issued Airbus Service Bulletin A340-33-
5007 to introduce halogen type lights which are qualified as 
explosion proof and that can be installed (at operators' discretion) 
after removal of the non-explosion proof lights required by 
paragraph (g) of this AD.

(h) Insulation Muff Installation

    For Model A330-200 and -300 series airplanes, and Model A340-200 
and -300 series airplanes, except those airplanes on which Airbus 
Modification 52260 has been incorporated in production: Within 26 
months after the effective date of this AD, install insulation muffs 
on connecting auxiliary power unit bleed air duct, in accordance 
with the Accomplishment Instructions of the applicable Airbus 
service information specified in paragraphs (h)(1), (h)(2), and 
(h)(3) of this AD.
    (1) Airbus Service Bulletin A330-36-3038, dated January 16, 
2012, for Model A330 series airplanes on which Airbus Service 
Bulletin A330-36-3032 has been incorporated.
    (2) Airbus Mandatory Service Bulletin A330-36-3040, Revision 01, 
dated November 26, 2012, for Model A330 series airplanes on which 
Airbus Service Bulletin A330-36-3032 has not been incorporated.
    (3) Airbus Mandatory Service Bulletin A340-36-4035, Revision 01, 
dated September 24, 2013, for Model A340 series airplanes.

(i) Alternative Action to Paragraph (h) of This AD

    For Model A330 series airplanes on which the modification 
described in Airbus service information A330-36-3032 has not been 
incorporated, and for Model A340 series airplanes: Doing the bleed 
leak detection loop modification of the auxiliary power unit (APU), 
in accordance with the Accomplishment Instructions of the applicable 
Airbus Service Bulletin specified in paragraphs (i)(1) and (i)(2) of 
this AD, is an acceptable alternative to the actions required by 
paragraph (h) of this AD, provided the modification is accomplished 
within 26 months after the effective date of this AD.
    (1) Airbus Service Bulletin A330-36-3037, Revision 01, dated 
January 24, 2013.
    (2) Airbus Service Bulletin A340-36-4033, Revision 01, dated 
January 28, 2013.

(j) Drain Mast Installation

    For Model A340-500 and -600 series airplanes, except those on 
which Airbus Modification 54636 or 54637 has been incorporated in 
production: Within 26 months after the effective date of this AD, 
install a drain mast between frame (FR) 80 and FR 83, in accordance 
with the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A340-53-5031, Revision 02, dated August 3, 2011.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Mandatory Service Bulletin 
A330-33-3041, dated January 3, 2012; or Airbus Mandatory Service 
Bulletin A340-33-4026, dated January 3, 2012; as applicable; which 
are not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Mandatory Service Bulletin 
A330-36-3040, dated September 18, 2012, which is not incorporated by 
reference in this AD.
    (3) This paragraph provides credit for actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A340-36-
4033, dated September 23, 2011, which is not incorporated by 
reference in this AD.
    (4) This paragraph provides credit for actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A340-53-
5031, dated July 31, 2006; or Airbus Service Bulletin A340-53-5031, 
Revision 01, dated January 10, 2008; as applicable; which are not 
incorporated by reference in 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

[[Page 9385]]

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#ae9783efe0e3839f9f9883efe3e1ed83fcebfffbebfdfafdeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="172e3a56595a3a2626213a565a58543a45524642524443445771767639707861">[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 by the Design Approval Holder 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) The European Aviation Safety Agency Airworthiness Directive 
2013-0033, dated February 19, 2013, for related information. You may 
examine the MCAI in the AD docket on the Internet <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-0632-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (n)(4) and (n)(5) of this AD.

(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.
    (i) Airbus Mandatory Service Bulletin A330-33-3041, Revision 01, 
dated July 10, 2012.
    (ii) Airbus Mandatory Service Bulletin A330-36-3040, Revision 
01, dated November 26, 2012.
    (iii) Airbus Mandatory Service Bulletin A340-33-4026, Revision 
01, dated July 10, 2012.
    (iv) Airbus Mandatory Service Bulletin A340-33-5006, dated 
January 3, 2012.
    (v) Airbus Mandatory Service Bulletin A340-36-4035, Revision 01, 
dated September 24, 2013.
    (vi) Airbus Mandatory Service Bulletin A340-53-5031, Revision 
02, dated August 3, 2011.
    (vii) Airbus Service Bulletin A330-36-3037, Revision 01, dated 
January 24, 2013.
    (viii) Airbus Service Bulletin A330-36-3038, dated January 16, 
2012.
    (ix) Airbus Service Bulletin A340-36-4033, Revision 01, dated 
January 28, 2013.
    (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#41202833362e333529282f2432326f007272716c00727571012028332334326f222e2c"><span class="__cf_email__" data-cfemail="d8b9b1aaafb7aaacb0b1b6bdababf699ebebe8f599ebece898b9b1aabaadabf6bbb7b5">[email&#160;protected]</span></a>; 
Internet <a href="http://www.airbus.com">http://www.airbus.com</a>.
    (4) 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.
    (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 January 31, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02994 Filed 2-18-14; 8:45 am]
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