[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Proposed Rules]
[Pages 39825-39828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-379-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A330 and A340 
series airplanes. This proposal would require revising the Airplane 
Flight Manual to include new flight operational procedures for the fuel 
system; repetitive inspections of the trim transfer fuel line in the 
vicinity of the aft pressure bulkhead located between frame (FR) 77 and 
FR86 to detect any discrepancy; and corrective actions, if necessary. 
This proposal also would require modification of the air release valve 
in the fuel trim tank transfer system, which would constitute 
terminating action for the requirements of this AD. This proposal is 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. This action is necessary to 
prevent damage to

[[Page 39826]]

the fuel trim transfer system, which could cause rupture of the trim 
transfer fuel line due to pressure build-up, and result in fuel leakage 
from that fuel line. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by July 28, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-379-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may also be sent via the Internet using the 
following address: <a href="/cdn-cgi/l/email-protection#8db4a0ece3e0a0e3fdffe0eee2e0e0e8e3f9cdebececa3eae2fb"><span class="__cf_email__" data-cfemail="4b72662a252666253b3926282426262e253f0b2d2a2a652c243d">[email protected]</span></a>. Comments sent via the 
Internet must contain ``Docket No. 99-NM-379-AD'' in the subject line 
and need not be submitted in triplicate. Comments sent via the Internet 
as attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-379-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-379-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction Geenerale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A330 and A340 series 
airplanes. Reports of findings indicate damaged fuel pipe shrouds on 
the trim transfer fuel line, in the vicinity of the aft pressure 
bulkhead located between frame (FR) 77 and FR86. Another report 
indicated that the fuel pipe also was damaged and that fuel leaked into 
the area behind the bulk cargo compartment. Such damage is considered 
to be caused by excessive build-up of pressure in the trim transfer 
fuel line. The DGAC advises that installation of two additional 
pressure relief valves on the fuel line in the trim tank will prevent 
damage to the trim transfer fuel system. Such damage, if not corrected, 
could cause rupture of the trim transfer fuel line due to pressure 
build-up, and result in fuel leaking from that line into the area 
behind the bulk cargo compartment.

Explanation of Relevant Service Information

    Airbus has issued the following service bulletins:
    <bullet> A330-28-3060, Revision 02, including Appendix 01 (for 
Airbus Model A330 series airplanes); and A340-28-4077, Revision 02, 
including Appendix 01 (for Airbus Model A340 series airplanes); both 
dated May 27, 1999. These service bulletins describe procedures for 
repetitive detailed visual inspections of the trim transfer fuel line 
in the vicinity of the aft pressure bulkhead located between FR77 and 
FR86 to detect any discrepancy; and corrective actions, if necessary. 
Discrepancies include deformation, dents, kinks, and broken rivets of 
the fuel pipe and the pipe clamp, support bracket, and shroud. 
Corrective actions include the replacement of discrepant components 
such as the fuel pipe, pipe clamps, pipe support brackets, and pipe 
shrouds of the trim transfer fuel line; and temporary deactivation of 
the trim fuel pipe isolation valve and auxiliary power unit (APU) 
isolation valve.
    <bullet> A330-28-3063 (for Airbus Model A330 series airplanes), and 
A340-28-4079 (for Airbus Model A340 series airplanes); both dated 
October 6, 1999. These service bulletins describe procedures for 
modifying the air release valve (ARV) in the trim transfer system. Such 
modification includes cleaning and lubricating certain components, 
installing an adapter, and installing two additional pressure relief 
valves on a spacer/adapter located between the air release elbow and 
the ARV.
    Airbus also has issued the following Temporary Revisions (TR) to 
the Normal Procedures Section of the FAA-approved Airbus A330 and A340 
Airplane Flight Manuals (AFM), which include new flight operational 
procedures for the fuel system:
    <bullet> TR 4.03.00/09, TR 4.03.00/10, and TR 4.03.00/12 (for Model 
A330 series airplanes), all dated July 23, 1999.
    <bullet> TR 4.03.00/20 (for Model A340 series airplanes), dated 
July 23, 1999.
    Accomplishment of the actions specified in the service bulletins 
and TR's is intended to adequately address the identified unsafe 
condition. The DGAC classified Airbus Service Bulletin A330-28-3060 and 
A340-28-4077 as mandatory and issued the following French airworthiness 
directives in order to assure the continued airworthiness of these 
airplanes in France.
    <bullet> 1999-046-091(B), Revision 4, dated December 15, 1999 (for 
Model A330 series airplanes).
    <bullet> 1999-045-111(B), Revision 4, dated December 15, 1999 (for 
Model A340 series airplanes.

FAA's Conclusions

    These airplane models are manufactured in France and are type

[[Page 39827]]

certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Difference Between Proposed Rule and Relevant Service Information

    Airbus Service Bulletin A330-28-3060, Revision 02, and A340-28-
4077, Revision 02, both dated May 27, 1999, specify certain actions 
following deactivation of the trim fuel pipe isolation valve and the 
APU isolation valve. Those actions include replacing the fuel pipe and 
pipe shroud and reactivating the trim fuel pipe isolation valve and the 
APU isolation valve ``at the next convenient opportunity.''
    The FAA does not agree with allowing the trim fuel pipe isolation 
valve to be deactivated with no definitive time specified for 
replacement and reactivation. Instead, this AD would allow deactivation 
of the valve for a limited period of time (10 days) in accordance with 
the FAA-approved Master Minimum Equipment List, after which time the 
replacement and reactivation is required prior to further flight.

Differences Between Proposed Rule and the French Airworthiness 
Directives

    The proposed AD would differ from the parallel French airworthiness 
directives in that it would mandate the accomplishment of the 
terminating action for the repetitive inspections and AFM revisions. 
The French airworthiness directives provide for the terminating action 
as optional.
    Mandating the terminating action is based on the FAA's 
determination that long-term continued operational safety will be 
better assured by modifications or design changes to remove the source 
of the problem, rather than by repetitive inspections. Long-term 
inspections may not be providing the degree of safety assurance 
necessary for the transport airplane fleet. This, coupled with a better 
understanding of the human factors associated with numerous continual 
inspections, has led the FAA to consider placing less emphasis on 
inspections and more emphasis on design improvements. The proposed 
modification requirement is consistent with these conditions.

Cost Impact

    The FAA estimates that 3 Airbus Model A330 series airplanes of U.S. 
Registry would be affected by this proposed AD.
    It would require approximately 1 work hour to accomplish the 
revision to the AFM, at an average labor rate of $60 per work hour. 
Based on this figure, the cost impact of the AFM revision proposed by 
this AD action would be $180, or $60 per airplane.
    It would require approximately 2 work hours to accomplish each 
inspection, at an average labor rate of $60 per work hour. Based on 
this figure, the cost impact of each inspection proposed by this AD 
action would be $360, or $120 per airplane.
    It would require approximately 3 work hours to accomplish the 
installation of the additional pressure relief valves in the fuel trim 
tank, at an average labor rate of $60 per work hour. Based on this 
figure, the cost impact of the installation proposed by this AD action 
would be $540, or $180 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:
Airbus Industrie: Docket 99-NM-379-AD.

    Applicability: Model A330 and A340 series airplanes, 
certificated in any category, except those airplanes on which Airbus 
Modification 47293 has been installed in production, or on which the 
modification has been accomplished in accordance with Airbus Service 
Bulletin A330-28-3063 or A340-28-4079, both dated October 6, 1999, 
as applicable.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to the trim transfer fuel system, which could 
cause rupture of the trim transfer fuel line due to pressure build-
up, and result in fuel leakage from that line; accomplish the 
following:

Airplane Flight Manual Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations and Normal Procedures section of the FAA-approved 
Airplane Flight Manual (AFM) to include the

[[Page 39828]]

information specified in Airbus Temporary Revision (TR) 4.03.00/09, 
TR 4.03.00/10, and TR 4.03.00/12 (for Model A330 series airplanes); 
or TR 4.03.00/20 (for Model A340 series airplanes); all dated July 
23, 1999; as applicable.

    Note 2: The AFM revision required by paragraph (a) of this AD 
may be accomplished by inserting a copy of the applicable TR into 
the applicable section of the AFM. When the temporary revisions 
required by paragraph (a) of this AD have been incorporated into the 
general revisions of the AFM, the general revisions may be inserted 
into the AFM, provided that the information contained in the general 
revisions is identical to that specified in the temporary revisions.

Inspections

    (b) Within 1,000 flight hours after the effective date of this 
AD, perform a detailed visual inspection of the trim transfer fuel 
line in the vicinity of the aft pressure bulkhead located between 
frame (FR) 77 and FR86 to detect any discrepancy (including 
deformation, dents, kinks, and broken rivets of the fuel pipe and 
pipe clamp, support bracket, and shroud) in accordance with the 
Accomplishment Instructions of Airbus Service Bulletin A330-28-3060, 
Revision 02 (for Model A330 series airplanes), or A340-28-4077, 
Revision 02 (for Model A340 series airplanes), both dated May 27, 
1999, as applicable. Repeat the inspection thereafter at intervals 
not to exceed 1,000 flight hours until the modification required by 
paragraph (c) of this AD has been accomplished.

    Note 3: Inspections accomplished prior to the effective date of 
this AD in accordance with Operator Information Telex/Flight 
Operations Telex (OIT/FOT) 999.0142/98, dated December 23, 1998, are 
considered acceptable for compliance with the INITIAL detailed 
visual inspection required by paragraph (b) of this AD.

Corrective Actions

    (1) If any discrepancy is detected during any inspection 
required by paragraph (b) of this AD, prior to further flight, 
accomplish applicable corrective actions [including replacement of 
any damaged components and deactivation of the trim fuel pipe 
isolation valve and auxiliary power unit (APU) isolation valve] in 
accordance with the Accomplishment Instructions and Figure 2 of the 
applicable service bulletin.

Replacement of Pipe Shroud and Pipe

    (2) If the isolation valves of the trim fuel pipe and APU are 
deactivated in accordance with the FAA-approved Master Minimum 
Equipment List during accomplishment of the corrective actions 
required by paragraph (b)(1) of this AD: Within 10 days after 
deactivation, replace the pipe shroud and pipe, as applicable, and 
reactivate the valves, in accordance with the applicable service 
bulletin.

Terminating Action

    (c) Within 18 months after the effective date of this AD, modify 
the air release valve (ARV) in the trim tank system (including 
cleaning and lubricating certain components, installing two 
additional pressure relief valves, and installing the adapter and 
ARV) in accordance with the Accomplishment Instructions of Airbus 
Service Bulletin A330-28-3063 or A340-28-4079, both dated October 6, 
1999, as applicable. Accomplishment of such modification constitutes 
terminating action for the AFM revisions and the repetitive 
inspections required by this AD.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

    Note 5: The subject of this AD is addressed in French 
airworthiness directives 1999-046-091(B), Revision 4 (for Model A330 
series airplanes), and 1999-045-111(B), Revision 4 (for Model A340 
series airplanes), both dated December 15, 1999.


    Issued in Renton, Washington, on June 22, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-16360 Filed 6-27-00; 8:45 am]
BILLING CODE 4910-13-U


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