### Exemption No. 10165

UNI~ED STATES OF AMERlCA DEPARTMENT OF TRANSPORTATION 

# FE~~~~~:' V~:~%~~~~~~~~~~~ON

I I 

### Inthe matter ofthepetition of Airbus foran exemption from 

### §§26.33(d), (e), (t), 

### and (h)ofTitle 14, Code ofFedbral Regulations I 

### Regulatory Docket No. FAA-2010-0765

PARTIAL GRANT OF EXEMPTION 8y submission tothe Department off TranspOltation's Federal Docket Management System (FDMS) dated July 28, 201

# q,Mr. Yves Regis, Head ofProduct Integrity, Airbus SAS, 835-0A 7, IRond-polnt Maurice Bellante, 31707 Blagnac Cedex, France, petitioned the Federal Aviation Adniinistration (FAA) foran exemption from the requirements ofTitle 14, Code ofF~deral Regulations (14 CFR) 26.33(d), (e), (f), 

### and (h). Tlus exemption isrequcsted forlAirbus A340 passenger-carrying airplanes. These models areidentified onType Certificate Data Sheet A43NM as A340, Models 211, 212, 213, 311, J12, 313, 541 and 642. TlieAirbus A340 Models 542 and 643 were includcd in the exemption petition, although thelsemodels are not identified onthe TCDS. Likewise, these two models arenot included iJ this exemption. The petitioner requests relief fro, the following regulation:

.. . SectIOn26.33(d), (e), (I), 

### and (b), reqUlrethe development ofservice lIlstntctlOns for making design changes torcduce th~flanmmbiJity ormitigate the effects ofan ignition of fuel vapors and associated Instructidns forContinued Airworthiness forfuel tanks determined to behighly flammable.IThis section also requires the development of compliance plans foraccomplishing these activities. The petitioner supports its requesr with the following information: This section quotes the relevant inf9rmation from the petitioner's request. The complete petition isavaIlable atthe Department ofTransportation's Federal Docket Management System, onthe Internet, athttp://wvf.regUlations.gOv, indocket no. FAA-20 10-0765.

### The extent ofthe sought relief and the reason for seeking this relief. Airbus plans tobeready torelease the Service Instructions (or Service BulletinsSB) required by §26.33(d) forthe A340 aircraft models (A340-211, -212, -213, -311, -312, -313, -541, -542, -642, -643) byDecember 31, 2011 (instead of December 27, 2010 asrequired by §26.33(d)). Consistent with the requirement of §26.33(h)(3) Airbus plans 10

### bave adraft ofthe SB available [two] months earlier, i.e. atthe end ofOctober 2011. There will be one SB forthe A340- 200/300 models and one SB forthe A340-500/600 models since the Flammability Reduction System designs are slightly different forthese two families. Inaddition, forthe A340-541, -542, -642 and ~643aircraft models, Airbus plans topublish the AirworthinessiLimitation Section (ALS) ofthe Instructions for Continued Airworthiness (lqA) required by 

### §26.33 (e) and (f) 

### inthe second half of201 1,no laterthan December 31, 20II. The exact date will depend onthe date ofapproval ofthe aircraft mbdification installing the fueltank flammability reduction system onthis airdraft model (currently scheduled totake place inthe second halfof2011). I These delays incompliance are sought since:

• there are currently noA340 aircraft operated under parts 121, 125or 129 and,

• only second-hand aircraft could enter parts 121, 125 or 129operations before theend ofDecember 2011. To the best Airbus current knowledge ofsecond-hand aircraft availability, only avery limited number ofunits could therefore be added tothe US registry before this datc. The delays incompliance are therefore sought inorder to optimize the resources allocation and give thepriority totheprogress ofthe compliance work forthe overall Fuel Tank Flammability Reduction Rule (i.e., including the support tothe operators affected by the 14CFR operational requirements) forthe A320 family and theA330-200 model. A+bUSbas asignificant number ofthese aircraft under parts 121, 125and 129operations and a fewairlines have already placed orders forflammability reduction system (FRS) retrofit (A320 family). The reasons wby 

### granting the request would beinthe pnblic interest; that is, how itwould benefit the public as awhole. As indicated above, granting the request will improve:

• theAirbus capability to meet the §26.33 2010 compliance deadlines for the models forwhich Airbus has asignificant number ofaircraft operated under part 121, 125, and 129

• the Airbus capability, throughout 2011, toprovide the necessary support to thc US operators ofthese aircraft models inpreparing, scheduling and finally meeting thepart 121, 125, and 129retrofit requirements hence benefiting the US public as awhole.



### 2

### The reasons why granting le exemption wonld not adversely affect safcty. Granting this exemption would not adversely affect safety since 

### itwill not impair
, Airbus' and potential future A340 operators' capability to meet the part 1.21, 125 and 129 retrofit dates. No A3!40 aircraft models are currently operated under parts 121,125 

### or 129 and, to the cvrrent Airbus knowledge, only a

### very limited number of second·hand aircraft could be added to the US registry in the near future. On this basis Airbus considers t~at delaying the publication of Service Instructions for the A340 aircraft will notiimpair the capability of the potentially concerned operators to meet the part 121, 125 and 129 retrofit dates. 

### The reason to exercise the Jrivileges ofthe requested exemption outside the United States if

### needed. I To the best of Airbus knowledge, no N-registered airplanes affected by this rule are operated outside the Unit~d States. There is therefore no need to exercise the privileges of the requested eJemption outside the United States. 

### Federal Register publication A summary of the petition was publi'shed in the 

### Federal Register on September 10,2010 [75 FR 175]. One comment was rec~ived. The commenter suggests that the petition be rejected, adding that: I· "A..irBus publjshed a plan to be in compliance with this CFR as currently in effect. Deviation from the requirembnts ofCFR Title 14, Part 26.33 establishes an undesirable precedent which Imaybe followed by other aircraft manufactures. It represents an enabling oflesser project management perfonnance, which is undesirable in aviation. Itbeks the question about the effectiveness of AirBus management and the cascadirtg negative impact on the public served. Entry of
, A340 aircraft into FAR 121/125/129 service is uncontrolled and potential fuel tank fIre exists without compliance the cunent CFR Title 14, Part 26.33 regulation." I The FAA has decided to grant the exemption for the reasons described in the following anaylsis. 

### The FAA's analysis The FAA has developed criteria to c~onsider when deciding whether to grant or deny a design approval holder's (DAB's) p~tition for exemption from 14 CFR part 26 requirements. These criteria were mbant as a general guide to making decisions about such requests and were not developdd for any specific request. The FAA uses these criteria as a starting point for makin~ its decision. However, other factors may also be considered before a final dec.ision isImade on any particular exemption request. The criteria are described in the following table.
,

3

### Table 1: Criteria forConsidering E~igibility for Exemption from §26.33

Ifthe I airworthiness authority for And And And And Then the state of design Is
The FA-A No airplanes are No airp;~anesare No airplanes are No airplanes arc The DAH , operating under part operat)~g under operating under being operated by a may be 121 and itis unlikely part 125 and it is part 129 (N- foreign air earri(:r eligible for an thai any wilt do so in unlike1~ that any registered) and itis and it is unlikely exemplion the futureJ will dOrO inthe unlikely that any that any will do so future' win do so inthe in the future)

future' The FAA Airplanes arc AirplaJes are Airplanes are Airplanes are being The DAH

operating under part opcrati*g under operating under operated by a lTIaybe 121 butno airplanes part 125 but no part 129 (N- foreign air carrier eligible for an wiIIbe operated airplanbs will be registered) bUIno but no airplanes exemption , under part 121 after operate? under airplanes will be will be operated by the operational-ru.le part 125 after the operated under part aforeign air carrier compliance dateIand , 129 (N-registered) operational-rule after the ilis unlikely that any compli~nce datel after the operational-rule wilt rclurn to such and it

## dunlikely operational-rule compliance datel service inthe future3 that an} will compliance date] and itis unlikely return t6 such and itis unlikely that any will return servicelin the that any will return to such service in future' to such service in the future3

the future) I Not the FAA No airphmcs are No airplanes are No airplanes arc The DAH , operating under part operatl~g under operating under may be 121 and ilis unlikely part 125 and itis part ]29 (N- eligible foran that any will do so in unlikelY that any registered) and itis exemption the future' will

# d~ISO inthe unlikely that any future' will do so inthe

future' Not the FAA Airplanes arc Airplan1esare Airplanes are The DAH

operating under part ' d operating under may be operatl~g un er 121 but no airplanes part 125 but no part 129 (N- eligible for an will be oper:lted airplants will be registered) but no exemptIOn , lll1derpart 121 after operatej:l under airplanes will be the opennional-rule part 125 after the operated under part campI iuncc date" and operatibnal-rule 129 (N-registered) itis unlikely Ihat allY compli~llce date' after the will return to sueh and iti~unlikely operalional-rule service inthe fulure3 that any will compliance datc< return tp such and itis unlikely service1in the that any will return future' 1 to such service in

the futureJ IThe design-approval holder must demonstrate that!these airplanes will not be operating under part 121, 115, or 129, or operated by a foreign air carrier, atler the operational-rule compliance date by obtaining documentation ofsuch from the current owners/operators ofthe airplanes. 1

2The (ksign-approvul holder must demonstrate that these airplanes will not be operating under part 121, 125, or 129 aA:erthe operational-rule compliance date by obtaining docurentation of such from the current owners/operators ofthe airplanes. )Arguments for the 1ikelihood ofan airplane not enlering into air-carrier serviCe inthe future should center on the airplane's uge and/or current eonfiouration.



### 4The determination ofwhether an airplane is operating under 14CFR part 12], 125 or 129

is based on whether that particular airplane is listed on an air carrier's Operations Specifications. 

# l

The rationa1c behind the criteria con ained in the table above is this: The rule requires DAHs to develop data for use 

### by opbrators. Ifno operators for aparticular airplane are required by the rules to use such dat¥, it would be apoor use ofresources for the DAB to develop the data. Therefore, Itbenefits both the DAJ-I and the public as awhole to spend resources on more Important safety issues rather than on developing data that will not be used. In addition, granting such an ekemption would not adversely affect safety because none of the airplanes would be requited to incorporate the data, nor is it likely that there will be any in the future. I The FAA has reviewed Airbus' request and detem1ined that granting this time-limited exemption would not have an adverJe effect on public safety and would be in the public
, interest. Regarding the criteria in Table I, the FAA is not the airvvorthiness authority for the state of design for Airbus A340 $elies airplanes and no A340 senes airplanes meeting the applicability criteria of 14 CFR :t6.33(a) currently operate under 14 CFR parts 121, 125 or 129 (U.S. registered only). Although it isnot w1like1y that any A340 series airplanes meeting the applicability cbteria of 14 CFR 26.33(a) will enter into new operations under 14CFR parts 121,

# I]25 or 129 (U.S. registered only), it is unlikely that any will do so before December 31, 

### FOIl. Therefore FAA considers this criterion to be met within the timeline ofthe proposed extension. In the unlikely event an operator does desire to operate one of these airplaJes in these operating parts, 14CFR 121.1117, 125.509 and 129.117 require that a design change to the airplane's center fuel tank, 

### if required by 

### §26.33, be installed that either reduces its flanm1ability to the level required by]4 CFR 26.33(c)(1)(i) or provide~ ameans to mitigate the effects of an ignition of fuel vapors to the level required by 

### § 26.B3(c)(2). No other factors require consideration

, regarding Airbus' petition for atime-limited exemption. The FAA agrees that granting this ti~e-limited exemption would not adversely affect safety for the reasons listed in the Airbus petition. Although the FAA does not agree with the reasons for public benefit listed in the Airbus petition, the FAA did detennine that it would not benefit the public for Airbus to spend resources developing data that will not be used before December 3], 2011 ~ince no A340 series airplanes currently operate under 14 CFR parts 121, 125 or 129 and itlis unlikely that any A340 series airplanes will enter new operations under parts 121, 125 or 129 before December 31,2011. 

### Additional information This time-limited exemption grants relief to Airbus with an extension of the required compliance date ofDecember 27, 2([110,per 14 CFR 26.33(d), (e) and 

### (£), to December 31, 2011. It also grants rehefto Air1:lusfor submitting a draft of all compliance items
, required 

### by §26.33(d), (e) and 

### (£) \~ith an extension of the required compliance date of not less than 60 days before the compliance times specified in 

### § 26.33(d), (e) and 

### (f) (October 27, 2010), per 

### § 26.33(h)Ci), to October 3],2011. This time-limjted exemption
, does not srrant relieffi·om the related operational requirements contained in 14 CFR 121.1117, 125.509, or 129.117. shobld aperson choose to operate an Airbus A340 Model 21 I, 212, 213, 311, 312, 313\ 541 or 642 airplane under part 121, 125 or 129



### 5

### beyond the operational compliance qeadlines as stated in §§ 121.1117, 125.509, or

129.117, thatperson will berequired to comply with those operational requirements. The FAA's decision Inconsideration oftlle foregoing, I findthat agrant ofatime-limited exemption to Airbus isinthepublic interest. Ther¢fore, pursuant tothe authority contained in49 U.S.c. 

### §§40113 and 44701, delegattd to me bythe Administrator, Airbus ishereby granted atime-limited exemption [rrim 14CFR 26.33(d), (e) and (f) 

### to extend the
, 

### compliance date ofDecember 27, 2010 to December 31, 2011 for Airbus A340 Model 211, 212, 213, 311, 312, 313, 541 arid642 airplanes. Airbus additionally ishereby 

# , granted atime~limited exemption frqrn 14CFR 26.33(h)(3) to extend the compliance date ofOctober 27, 2010 to October 31,2011 forAirbus A340 Model 211, 2] 2,213,311, 3]2,313,541 and 642 airplanes.

Issued inRenton, Washington, on 

## NOV22 2010

Ali Bahrami Manager, Transport Airplane Directorate Aircraft Certification Service

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