15644 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on March 1, 

2012. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–6470 Filed 3–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0192; Directorate 

Identifier 2011–NM–225–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200 and –200 

freighter series airplanes; and Model 

A340–200, –300, –500, and –600 series 

airplanes. This proposed AD was 

prompted by fuel system reviews 

conducted by the manufacturer. This 

proposed AD would require 

modification of the control circuit for 

the fuel pumps for the center fuel tanks 

for certain airplanes, and center and rear 

fuel tanks for certain other airplanes. 

We are proposing this AD to prevent 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 April 30, 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— 

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, Washington. 

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, 

Washington 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–2012–0192; Directorate Identifier 

2011–NM–225–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 2011–0196, 

dated October 7, 2011 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

* * * [T]he FAA issued a set of new rules 

related to Fuel Tank Safety including Special 

Federal Aviation Regulation (SFAR) 88. In 

line with SFAR88, the JAA [Joint Aviation 

Authorities] issued policy JAA INT/POL 25/ 

12 and recommended to the National 

Aviation Authorities (NAA) the application 

of a similar regulation. 

To ensure compliance with the 

requirements set by SFAR88 and JAA INT/ 

POL 25/12, this [EASA] AD requires that 

Ground Fault Interrupters (GFI) are installed 

into the electrical power supply circuits of 

fuel pumps for which the canisters become 

uncovered during normal operation, taking 

into account normal fuel reserve or the fuel 

level, triggering the low fuel level warning. 

The function of this additional system 

protection is to electrically isolate the pump 

if a ground fault condition occurs 

downstream of the GFI. The GFI gives 

additional earth leakage protection to the 

downstream circuit. 

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 corrective action is 

modifying the control circuits of the fuel 

pump for the rear and center fuel tanks. 

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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 15645 

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 cooperate 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 proposed 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 

mandatory service bulletins. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

• Airbus Mandatory Service Bulletin 

A330–28–3113, dated July 19, 2011 (for 

Model A330–200 and –200 freighter 

series airplanes). 

• Airbus Mandatory Service Bulletin 

A340–28–4129, dated July 19, 2011 (for 

Model A340–200 and –300 series 

airplanes). 

• Airbus Mandatory Service Bulletin 

A340–28–5051, dated September 1, 

2011 (for Model A340–500 and –600 

series airplanes). 

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 29 products of U.S. registry. 

We also estimate that it would take 

about 10 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $3,480 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 

$125,570, or $4,330 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Airbus: Docket No. FAA–2012–0192; 

Directorate Identifier 2011–NM–225–AD. 

(a) Comments Due Date 

We must receive comments by April 30, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes specified 

in paragraphs (c)(1), (c)(2), and (c)(3) of this 

AD, certificated in any category. 

(1) Airbus Model A330–201, –202, –203, 

–223, and –243 airplanes; all serial numbers; 

except those on which Airbus modification 

200242 has been accomplished in 

production. 

(2) Airbus Model A330–223F and –243F 

airplanes; all serial numbers; except 

airplanes on which Airbus modification 

58623 has been accomplished in production 

and on which Airbus modification 200281 

has not been accomplished in production; 

and airplanes on which modification 200242 

has been accomplished in production. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
15646 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

(3) Airbus Model A340–211, –212, –213, 

–311, –312, –313, –541, and –642 airplanes; 

all serial numbers; except airplanes on which 

Airbus modification 200242 has been 

accomplished in production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28: Fuel. 

(e) Reason 

This AD was prompted by fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent 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, do the actions specified in 

paragraph (g)(1) or (g)(2) of this AD, as 

applicable. 

(1) For Model A330–200 and –200F series 

airplanes, and Model A340–200 and –300 

series airplanes: Modify the control circuit 

for the fuel pump for the center fuel tank, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A330–28–3113, dated July 19, 2011 

(for Model A330–200 and –200 freighter 

series airplanes); or A340–28–4129, dated 

July 19, 2011 (for Model A340–200 and –300 

series airplanes). 

(2) For Model A340–500 and –600 series 

airplanes: Modify the control circuit for the 

fuel pump for the rear and/or center fuel 

tanks, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–28–5051, 

dated September 1, 2011. 

(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, 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, Washington 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 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 

Refer to MCAI European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2011–0196, dated October 7, 2011, and the 

service bulletins specified in paragraphs 

(i)(1), (i)(2), and (i)(3) of this AD, for related 

information. 

(1) Airbus Mandatory Service Bulletin 

A330–28–3113, dated July 19, 2011. 

(2) Airbus Mandatory Service Bulletin 

A340–28–4129, dated July 19, 2011. 

(3) Airbus Mandatory Service Bulletin 

A340–28–5051, dated September 1, 2011. 

Issued in Renton, Washington, on March 1, 

2012. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–6461 Filed 3–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–168745–03] 

RIN 1545–BE18 

Guidance Regarding Deduction and 

Capitalization of Expenditures Related 

to Tangible Property; Hearing 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Change date of public hearing 

on proposed rulemaking. 

SUMMARY: This document changes the 

date of a public hearing on proposed 

regulations relating to the deduction 

and capitalization of expenditures 

related to tangible property. 

DATES: The public hearing originally 

scheduled for Wednesday, April 25, 

2012, at 10 a.m. is rescheduled for 

Wednesday, May 9, 2012, at 10 a.m. 

Written or electronically submitted 

public comments along with requests to 

speak and outlines of topics to be 

discussed at the public hearing must be 

received by Tuesday, April 17, 2012. 

ADDRESSES: The public hearing is being 

held in the auditorium of the Internal 

Revenue Service Building, 1111 

Constitution Avenue NW., Washington, 

DC 20224. 

Due to building security procedures, 

visitors must enter at the Constitution 

Avenue entrance. Send submissions to: 

CC:PA:LPD:PR (REG–168745–03); Room 

5203, Internal Revenue Service, POB 

7604, Ben Franklin Station, Washington, 

DC. Submissions may be hand delivered 

Monday through Friday between the 

hours of 8 a.m. and 4 p.m. to 

CC:PA:LPD:PR (REG–168745–03) 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC. Alternatively, 

comments may be transmitted 

electronically via the Federal 

eRulemaking Portal at 

www.regulations.gov. (IRS–REG– 

168745–03). 

FOR FURTHER INFORMATION CONTACT: 

Funmi Taylor of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedures and Administration), at 

(202) 622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of change date of public hearing on 

proposed rulemaking appearing in the 

Federal Register on Monday, January 

23, 2012 (77 FR 3210), announced that 

a public hearing relating to the 

deduction and capitalization of 

expenditures related to tangible 

property, would be held on Wednesday, 

April 25, 2012 at 10 a.m., in the 

auditorium of the Internal Revenue 

Service Building, 1111 Constitution 

Avenue NW., Washington, DC. 

The date of the public hearing has 

been changed. The hearing is now 

scheduled for Wednesday, May 9, 2012, 

beginning at 10 a.m. in the auditorium 

of the Internal Revenue Service Building 

at 1111 Constitution Avenue NW., 

Washington, DC. Requests to speak and 

outlines of topics to be discussed at the 

public hearing must be received by 

Tuesday, April 17, 2012. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedures and Administration). 

[FR Doc. 2012–6371 Filed 3–15–12; 8:45 am] 

BILLING CODE 4830–01–P 


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