[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15063-15067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5908]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket Number FAA-2007-27739; Directorate Identifier 2006-NM-250-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes; and Model 
A340-200 and -300 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 the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    The aim of * * * [Special Federal Aviation Regulation (SFAR) 88] 
is to require all holders of type certificates * * * to carry out a 
definition review against explosion hazards.

The unsafe condition is 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. The 
proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 30, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; 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 proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register

[[Page 15064]]

requirements. We also continue to meet our technical decision-making 
responsibilities to identify and correct unsafe conditions on U.S.-
certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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 Number FAA-2007-
27739; Directorate Identifier 2006-NM-250-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://dms.dot.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 
Airworthiness Directive 2006-0322, dated October 18, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA published SFAR 88 (Special Federal Aviation Regulation 
88).
    By mail referenced 04/00/02/07/01-L296 of March 4th, 2002 and 
04/00/02/07/03-L024 of February 3rd, 2003 the JAA (Joint Aviation 
Authorities) recommended to the National Aviation Authorities (NAA) 
the application of a similar regulation.
    The aim of this regulation is to require all holders of type 
certificates for passenger transport aircraft certified after 
January 1st, 1958 with a capacity of 30 passengers or more, or a 
payload of 3402 kg or more, to carry out a definition review against 
explosion hazards.
    Consequently, the following measures are rendered mandatory:
    <bullet> [inspection and] replacement [if necessary] of the 
white P-clips by blue P-clips which are more fuel resistant [to] 
remove the risks of fuel quantity indicator (FQI) and fuel level 
sensor system (FLSS) harnesses chafing against the metallic part of 
the P-clip,
    <bullet> Modification of electrical bonding of equipment 
installed in fuel tanks in order to re-establish the conformity with 
the design definition by introducing additional bonding leads, 
electrical bonding points and electrical bonding of a support 
bracket for a diffuser assembly installed between Rib 1 and Rib 2 on 
the stringers of the Number 1 bottom skin panel,
    <bullet> Modification of bonding points, installation of 
additional bonding leads and other modifications of the Additional 
Center Tank (ACT),
    <bullet> Modification to increase the distance between metallic 
parts on the THS (trimmable horizontal stabilizer) Trim Tank,
    <bullet> Installation of a bonding lead between the bonding tags 
on the Jettison valve actuator and drive assembly.

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 Number 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 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. (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:
    <bullet> A330-28-3082, including Appendix 01, Revision 02, dated 
August 11, 2006.
    <bullet> A330-28-3092, including Appendix 01, Revision 01, dated 
December 14, 2005.
    <bullet> A330-28-3101, Revision 01, dated October 11, 2006.
    <bullet> A330-55-3016, Revision 1, dated February 12, 1997.
    <bullet> A340-28-4073, Revision 01, October 9, 1998.
    <bullet> A340-28-4078, dated March 17, 2000.
    <bullet> A340-28-4097, including Appendix 01, Revision 02, dated 
August 16, 2006.
    <bullet> A340-28-4107, including Appendix 01, Revision 01, dated 
December 14, 2005.
    <bullet> A340-28-4118, Revision 01, dated October 11, 2006.
    <bullet> A340-55-4017, Revision 1, dated February 12, 1997.
    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

[[Page 15065]]

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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 28 products of U.S. registry. We also estimate that 
it would take about 600 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $2,718 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 costs. 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 
$1,420,104, or $50,718 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); and
    3. 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, 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 Number FAA-2007-27739; Directorate Identifier 2006-
NM-250-AD.

Comments Due Date

    (a) We must receive comments by April 30, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330, A340-200, and 
A340-300 airplanes, all certified models, all serial numbers, 
certificated in any category.

Subject

    (d) Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    [T]he FAA published SFAR 88 (Special Federal Aviation Regulation 
88).
    By mail referenced 04/00/02/07/01-L296 of March 4th, 2002 and 
04/00/02/07/03-L024 of February 3rd, 2003 the JAA (Joint Aviation 
Authorities) recommended to the National Aviation Authorities (NAA) 
the application of a similar regulation.
    The aim of this regulation is to require all holders of type 
certificates for passenger transport aircraft certified after 
January 1st, 1958 with a capacity of 30 passengers or more, or a 
payload of 3402 kg or more, to carry out a definition review against 
explosion hazards.
    Consequently, the following measures are rendered mandatory:
    <bullet> [Inspection and ] replacement [if necessary] of the 
white P-clips by blue P-clips which are more fuel resistant [to] 
remove the risks of fuel quantity indicator (FQI) and fuel level 
sensor system (FLSS) harnesses chafing against the metallic part of 
the P-clip,
    <bullet> Modification of electrical bonding of equipment 
installed in fuel tanks in order to re-establish the conformity with 
the design definition by introducing additional bonding leads, 
electrical bonding points and electrical bonding of a support 
bracket for a diffuser assembly installed between Rib 1 and Rib 2 on 
the stringers of the Number 1 bottom skin panel,
    <bullet> Modification of bonding points, installation of 
additional bonding leads and other modifications of the Additional 
Center Tank (ACT),
    <bullet> Modification to increase the distance between metallic 
parts on the THS (trimmable horizontal stabilizer) Trim Tank,
    <bullet> Installation of a bonding lead between the bonding tags 
on the Jettison valve actuator and drive assembly.

Actions and Compliance

    (f) Within 38 months after the effective date of this AD, unless 
already done, do the actions in paragraphs (f)(1), (f)(2), (f)(3), 
(f)(4), and (f)(5).
    (1) Action number 1, applicable to Model A330, A340-200, and 
A340-330 aircraft, all certified models, all serial numbers, except 
for airplanes on which Airbus Modification 47634 has been embodied 
in production: Perform a detailed visual inspection of the P-clips 
in the wings and center fuel tanks, and apply the applicable 
corrective actions, in accordance with the instructions of Airbus 
Service Bulletin A330-28-3092, Revision 01, dated December 14, 2005; 
or Airbus Service Bulletin A340-28-4107, Revision 01, dated December 
14, 2005.
    (2) Action number 2, applicable to Model A330, A340-200, and 
A340-300 airplanes, all certified models, all serial numbers, except 
for airplanes on which Airbus Modifications 49135 and 49630 and 
51825 and 55118 have been embodied in

[[Page 15066]]

production or modified in-service in accordance with both Airbus 
Service Bulletin A330-28-3082, including Appendix 01, and Airbus 
Service Bulletin A330-28-3101, or both Airbus Service Bulletin A340-
28-4097 and Airbus Service Bulletin A340-28-4118: Modify the 
electrical bonding of the equipment installed in fuel tanks, in 
accordance with both Airbus Service Bulletin A330-28-3082, Revision 
02, dated August 11, 2006, and Airbus Service Bulletin A330-28-3101, 
Revision 01, dated October 11, 2006; or both Airbus Service Bulletin 
A340-28-4097, including Appendix 01, Revision 02, dated August 16, 
2006, and Airbus Service Bulletin A340-28-4118, Revision 01, dated 
October 11, 2006; as applicable.
    (3) Action number 3, applicable to Model A340-200 and A340-300 
airplanes, all certified models, all serial numbers, which have 
Airbus modification 42612/Airbus Service Bulletin A340-28-4047 or 
Airbus modification 44002/Airbus Service Bulletin A340-28-4066 or 
Airbus modification 44005/Airbus Service Bulletin A340-28-4067 
embodied in production/in-service (installation of an ACT 
(Additional Center Tank)), except airplanes modified by Airbus 
Service Bulletin A340-28-4078 in-service: Modify the electrical 
bonding in the ACT in accordance with the instructions of Airbus 
Service Bulletin A340-28-4078, dated March 17, 2000.
    (4) Action number 4, applicable to Model A330-300 airplanes, -
301, -321, -322, -341, -342 models, all serial numbers except for 
airplanes on which Airbus Modification 44252 has been embodied in 
production or modified in-service in accordance with Airbus Service 
Bulletin A330-55-3016; and Model A340-200 and Model A340-300 
airplanes, all certified models, all serial numbers, except for 
airplanes on which Airbus Modification 44252 has been embodied in 
production or modified in-service in accordance with Airbus Service 
Bulletin A340-55-4017: Increase the distance between metallic parts 
on the THS (trimmable horizontal stabilizer) trim tank in accordance 
with the instructions of Airbus Service Bulletin A330-55-3016, 
Revision 1, dated February 12, 1997; or Airbus Service Bulletin 
A340-55-4017, Revision 1, dated February 12, 1997; as applicable.
    (5) Action number 5, applicable to Model A340-200 and A340-300 
airplanes, all certified models, all serial numbers, except for 
airplanes which have Airbus modification 46142 embodied in 
production or modified in-service in accordance with Airbus Service 
Bulletin A340-28-4073, Revision 01, dated October 9, 1998: Install a 
bonding lead between the bonding tags on the Jettison valve actuator 
and drive assembly in accordance with the instructions of Airbus 
Service Bulletin A340-28-4073, Revision 01, dated October 9, 1998.
    (6) Actions done before the effective date of this AD in 
accordance with the service bulletins listed in Table 1 of this AD 
are acceptable for compliance with the corresponding requirements of 
paragraphs (f)(1), (f)(2), (f)(3), (f)(4), and (f)(5) of this AD, as 
applicable.

                   Table 1.--Credit Service Bulletins
------------------------------------------------------------------------
   Airbus Service Bulletin      Revision level            Date
------------------------------------------------------------------------
A330-28-3082.................  Original.......  June 14, 2004.
A330-28-3082.................  01.............  March 2, 2005.
A330-28-3101.................  Original.......  June 5, 2006.
A330-55-3016.................  Original.......  August 20, 1996.
A340-28-4073.................  Original.......  May 14, 1998.
A340-28-4097.................  Original.......  June 14, 2004.
A340-28-4097.................  01.............  March 3, 2005.
A340-28-4118.................  Original.......  June 5, 2006.
A340-55-4017.................  Original.......  August 20, 1996.
------------------------------------------------------------------------

FAA AD Differences

    Note: This AD differs from the MCAI and/ or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Tim 
Backman, Aerospace Engineer; 1601 Lind Ave. SW., Renton, Washington 
98057-3356, telephone (425) 227-2797; fax (425) 227-1149. To request 
a different method of compliance or a different compliance time for 
this AD, follow the procedures in 14 CFR 39.19. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0322, dated October 18, 2006, and the 
service bulletins in Table 2 of this AD, for related information.

                   Table 2.--Related Service Bulletins
------------------------------------------------------------------------
   Airbus Service Bulletin      Revision level            Date
------------------------------------------------------------------------
A330-28-3082, including        02.............  August 11, 2006.
 Appendix 01.
A330-28-3092.................  01.............  December 14, 2005.
A330-28-3101.................  01.............  October 11, 2006.
A330-55-3016.................  1..............  February 12, 1997.
A340-28-4073.................  01.............  October 9, 1998.
A340-28-4078.................  Original.......  March 17, 2000.
A340-28-4097, including        02.............  August 16, 2006.
 Appendix 01.
A340-28-4107.................  01.............  December 14, 2005.
A340-28-4118.................  01.............  October 11, 2006.
A340-55-4017.................  1..............  February 12, 1997.
------------------------------------------------------------------------



[[Page 15067]]

    Issued in Renton, Washington, on March 23, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-5908 Filed 3-29-07; 8:45 am]
BILLING CODE 4910-13-P