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[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Proposed Rules]
[Pages 62182-62185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25131]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1070; Directorate Identifier 2012-NM-099-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 adopt a new airworthiness directive (AD) for all 
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and 
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes); and Airbus Model A310 series airplanes. This 
proposed AD was prompted by fuel system reviews conducted by the 
European Aviation Safety Agency (EASA). This proposed AD would require 
modifying the electrical control circuits of the inner, center, and 
trim tank pumps, as applicable. We are proposing this AD to reduce 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: We must receive comments on this proposed AD by November 26, 
2012.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may review copies of the referenced

[[Page 62183]]

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; 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 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227- 2125; 
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-2012-1070; 
Directorate Identifier 2012-NM-099-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0091, dated May 25, 2012 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA published Special Federal Aviation Regulation (SFAR) 
88, and the Joint Aviation Authorities (JAA) published Interim 
Policy INT/POL/25/12.
    In the framework of these requirements, EASA have determined 
that the electrical power supply circuits of certain fuel pumps, 
installed on A300/A300-600, A310 and A300-600ST aeroplane, for which 
the canisters become uncovered during normal operation, could, under 
certain conditions, create an ignition source in the tank vapour 
space.
    This condition, if not corrected, could result in a fuel tank 
explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Airbus developed a 
modification which includes the installation of Ground Fault 
Interrupters (GFI) into the inner, centre, and trim tank fuel pump 
control circuits, providing additional system protection by 
electrically isolating the pump in case of a ground fault condition 
downstream of the GFI. For the reasons described above, this AD 
requires modification of the affected fuel pumps control circuit by 
installing GFI.

You may obtain further information by examining the MCAI in the AD 
docket.

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires 
certain type design (i.e., type certificate (TC) and supplemental type 
certificate (STC)) holders to substantiate that their fuel tank systems 
can prevent ignition sources in the fuel tanks. This requirement 
applies to type design holders for large turbine-powered transport 
airplanes and for subsequent modifications to those airplanes. It 
requires them to perform design reviews and to develop design changes 
and maintenance procedures if their designs do not meet the new fuel 
tank safety standards. As explained in the preamble to the rule, we 
intended to adopt airworthiness directives to mandate any changes found 
necessary to address unsafe conditions identified as a result of these 
reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an 
associated body of the European Civil Aviation Conference (ECAC) 
representing the civil aviation regulatory authorities of a number of 
European States who have agreed to co-operate in developing and 
implementing common safety regulatory standards and procedures.) Under 
this regulation, the JAA stated that all members of the ECAC that hold 
type certificates for transport category airplanes are required to 
conduct a design review against explosion risks.
    We have determined that the actions identified in this AD are 
necessary to reduce 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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A300-28-6104 and 
A310-28-2170, both dated February 28, 2012. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

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 the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 162 products of U.S. registry. We also estimate that 
it would take about 6 work-hours per product to comply with the basic 
requirements of

[[Page 62184]]

this proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $17,680 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 the proposed AD on U.S. operators to be 
$2,946,780, or $18,190 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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed 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.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-1070; Directorate Identifier 2012-NM-
099-AD.

(a) Comments Due Date

    We must receive comments by November 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD; certificated in any category.
    (1) All Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 
airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-
605R and F4-622R airplanes; and Model A300 C4-605R Variant F 
airplanes.
    (2) All Airbus Model A310-203, -204, -221, -222, -304, -322, -
324, and -325 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by fuel system reviews conducted by the 
European Aviation Safety Agency (EASA). We are issuing this AD to 
reduce 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, accomplish 
the actions specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable.
    (1) For Model A310 series airplanes: Modify the electrical 
control circuits of the inner, center, and trim tank pumps, as 
applicable, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A310-28-2170, dated February 28, 
2012.
    (2) For Model A300-600 airplanes: Modify the electrical control 
circuits of the inner, center, and trim tank pumps, as applicable, 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A300-28-6104, dated February 28, 2012.

(h) 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: Dan Rodina, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone (425) 227-2125; fax (425) 227-1149. Information may 
be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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.

(i) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2012-0091, dated 
May 25, 2012; and the service information identified in paragraphs 
(i)(1)(i) and (i)(1)(ii) of this AD; for related information.
    (i) Airbus Mandatory Service Bulletin A310-28-2170, dated 
February 28, 2012.
    (ii) Airbus Mandatory Service Bulletin A300-28-6104, dated 
February 28, 2012.
    (2) For service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; 
Internet http://www.airbus.com. You may review copies of the 
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.

[[Page 62185]]

    Issued in Renton, Washington, on October 3, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25131 Filed 10-11-12; 8:45 am]
BILLING CODE 4910-13-P
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