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[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Proposed Rules]
[Pages 46306-46309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18391]

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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]
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 A330-200 and -300 series airplanes, and Model A340-200, -
300, -500, and -600 series airplanes. This proposed AD results from 
fuel system reviews conducted by the airplane manufacturer. This 
proposed AD would 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 proposing 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: We must receive comments on this proposed AD by September 16, 
2013.

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, 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 airworthiness.A330-A340@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.

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: 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:

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-2013-0632; 
Directorate Identifier 2013-NM-045-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 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, 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 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

[[Page 46307]]

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 the following service bulletins. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
     Airbus Mandatory Service Bulletin A330-33-3041, Revision 
01, dated July 10, 2012.
     Airbus Mandatory Service Bulletin A330-36-3040, Revision 
01, dated November 26, 2012.
     Airbus Mandatory Service Bulletin A340-33-4026, Revision 
01, dated July 10, 2012.
     Airbus Mandatory Service Bulletin A340-33-5006, dated 
January 3, 2012.
     Airbus Mandatory Service Bulletin A340-36-4035, dated 
September 18, 2012.
     Airbus Mandatory Service Bulletin A340-53-5031, Revision 
02, dated August 3, 2011.
     Airbus Service Bulletin A330-36-3037, Revision 01, dated 
January 24, 2013.
     Airbus Service Bulletin A330-36-3038, dated January 16, 
2012.
     Airbus Service Bulletin A340-36-4033, Revision 01, dated 
January 28, 2013.

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

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
           Action                  Labor cost          Parts cost        product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Installation................  Up to 21 work-hours   Up to $5,219...  Up to $7,004...  Up to $301,172.
                               x $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 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:

[[Page 46308]]

    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

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:

Airbus: Docket No. FAA-2013-0632; Directorate Identifier 2013-NM-
045-AD.

(a) Comments Due Date

    We must receive comments by September 16, 2013.

(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 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, dated 
September 18, 2012, for Model A340 series airplanes.

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

    For Model A330 series airplanes on which Airbus service 
information A330-36-3032 is not 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 A330-36-
3037, dated September 23, 2011; or Airbus Service Bulletin A340-36-
4033, dated September 23, 2011; as applicable; which are 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 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate

[[Page 46309]]

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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Directive (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2013-0033, 
dated February 19, 2013, for related information.
    (2) 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 airworthiness.A330-A340@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.

    Issued in Renton, Washington, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18391 Filed 7-30-13; 8:45 am]
BILLING CODE 4910-13-P
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