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[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Proposed Rules]
[Pages 3066-3069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00632]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8468; Directorate Identifier 2014-NM-208-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 supersede Airworthiness Directive (AD) 2007-21-
14 R1, for all Airbus Model A310 series airplanes. AD 2007-21-14 R1 
currently requires revising the Airworthiness Limitations Section of 
the Instructions for Continued Airworthiness to incorporate new 
limitations for fuel tank systems. Since we issued AD 2007-21-14R1, we 
have determined that more restrictive maintenance requirements and/or 
airworthiness limitations are necessary. This proposed AD would require 
revising the maintenance program or inspection program to incorporate 
revised fuel maintenance and inspection tasks. We are proposing this AD 
to prevent the potential of ignition sources inside fuel tanks, which, 
in combination with flammable fuel vapors caused by latent failures, 
alterations, repairs, or maintenance actions, could result in fuel tank 
explosions and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by March 7, 2016.

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--EAW, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may view this 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 by searching for and locating Docket No. FAA-2015-
8468; 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 
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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; 
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-2015-8468; 
Directorate Identifier 2014-NM-208-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

    On October 19, 2009, we issued AD 2007-21-14 R1, Amendment 39-16061 
(74 FR 55123, October 27, 2009). AD 2007-21-14 R1 requires actions 
intended to address an unsafe condition on all Airbus Model A310 series 
airplanes. AD 2007-21-14 R1 revised AD 2007-21-14, Amendment 39-15232, 
(72 FR 58499, October 16, 2007).
    Since we issued AD 2007-21-14R1, Amendment 39-16061 (74 FR 55123, 
October 27, 2009), we have determined more restrictive maintenance 
requirements and airworthiness limitations are necessary.
    The European Aviation Safety Agency, which is the Technical Agent 
for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0193, dated October 15, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition all Airbus Model A310 
series airplanes. The MCAI states:

    Prompted by an accident . . ., the Federal Aviation 
Administration (FAA) published Special Federal Aviation Regulation 
(SFAR) 88, [http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgFAR.nsf/0/EEFB3F94451DC06286256C93004F5E07?OpenDocument&Highlight=sfar 88], 
and the Joint Aviation Authorities (JAA) published Interim Policy 
INT/POL/25/12. In response to these regulations, Airbus conducted a 
design review to develop Fuel Airworthiness Limitations (FAL) for 
Airbus on A310 aeroplanes.
    The FAL were specified in Airbus A310 FAL document ref. 
95A.1930/05 at issue 02 and in the A310 Airworthiness Limitations 
Section (ALS) variation to FAL document issue 02, ref. 0BVLG110006/
C0S issue 01, for A310 aeroplanes.
    EASA issued [EASA] AD 2006-0202 (http://ad.easa.europa.eu/ad/2006-0202) to

[[Page 3067]]

require compliance with the FAL documents (comprising maintenance/
inspection tasks and Critical Design Configuration Control 
Limitations (CDCCL)).
    EASA AD 2006-0202 was superseded by EASA AD 2007-0096 (later 
revised) [which corresponds to FAA AD 2007-21-14R1, Amendment 39-
16061 (74 FR 55123, October 27, 2009)], which retained the original 
requirements and corrected and updated the compliance paragraphs 
concerning task ref. 28-18-00-03-1 and CDCCL's.
    Since EASA AD 2007-0096R1 [(http://ad.easa.europa.eu/ad/2007-0096R1) which corresponds to FAA AD 2007-21-14R1, Amendment 39-16061 
(74 FR 55123, October 27, 2009)] was published, Airbus issued A310 
ALS Part 5, prompted by EASA policy statement (EASA D2005/CPRO) 
which requests design approval holders to integrate Fuel Tank Safety 
items into an ALS document. The A310 ALS Part 5 is approved by EASA.
    Failure to comply with the items as identified in Airbus A310 
ALS Part 5 could result in a fuel tank explosion and consequent loss 
of the aeroplane.
    For the reasons described above, this [EASA] AD . . . requires 
implementation of the new and more restrictive maintenance 
instructions and/or airworthiness limitations as specified in Airbus 
A310 ALS Part 5.

    The unsafe condition is the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors caused by 
latent failures, alterations, repairs, or maintenance actions, could 
result in fuel tank explosions and consequent loss of the airplane. You 
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8468.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A310 Airworthiness Limitations Section (ALS), 
Part 5,--Fuel Airworthiness Limitations, Revision 00, dated May 27, 
2014. The airworthiness limitations introduce mandatory instructions 
and more restrictive maintenance requirements. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

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.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by these inspections, the operator may not be able to accomplish the 
inspections described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), the operator must request approval for an 
alternative method of compliance (AMOC) according to paragraph (m)(1) 
of this AD. The request should include a description of changes to the 
required actions that will ensure the continued operational safety of 
the airplane.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this AD, do not need to 
be reworked in accordance with the CDCCLs. However, once the airplane 
maintenance or inspection program has been revised as required by this 
AD, future maintenance actions on these components must be done in 
accordance with the CDCCLs.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies that if there are findings from the ALS 
inspection tasks, corrective actions must be accomplished in accordance 
with Airbus maintenance documentation. However, this AD does not 
include that requirement. Operators of U.S.-registered airplanes are 
required by general airworthiness and operational regulations to 
perform maintenance using methods that are acceptable to the FAA. We 
consider those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this AD.
    This proposed AD would require operators to revise the maintenance 
or inspection program within 3 months after the effective date of the 
AD to incorporate revised fuel maintenance and inspection tasks. The 
MCAI specifies compliance with the tasks as of the effective date of 
the MCAI. In developing the compliance time for this action, we 
considered the degree of urgency associated with addressing the unsafe 
condition. We find 3 months an appropriate compliance time to complete 
these actions. This difference has been coordinated with the EASA.

Costs of Compliance

    We estimate that this proposed AD affects 23 airplanes of U.S. 
registry.
    The actions required by AD 2007-21-14 R1, Amendment 39-16061 (74 FR 
55123, October 27, 2009), and retained in this proposed AD take about 2 
work-hours per product, at an average labor rate of $85 per work-hour. 
Required parts cost $0 per product. Based on these figures, the 
estimated cost of the actions that are required by AD 2007-21-14 R1 is 
$170 per product.
    We also estimate that it would take about 1 work-hour 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 $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $1,955, or $85 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:

[[Page 3068]]

    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.

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 removing Airworthiness Directive (AD) 
2007-21-14 R1, Amendment 39-16061 (74 FR 55123, October 27, 2009), and 
adding the following new AD:

Airbus: Docket No. FAA-2015-8468; Directorate Identifier 2014-NM-
208-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(b) Affected ADs

    This AD replaces (AD) 2007-21-14R1, Amendment 39-16061 (74 FR 
55123, October 27, 2009).

(c) Applicability

    This AD applies to Airbus Model A310-203, -204, -221, -222, -
304, -322, -324, and -325 airplanes; certificated in any category; 
all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by Airbus issuing more restrictive 
instructions and/or fuel airworthiness limitations. We are issuing 
this AD to prevent the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors caused by 
latent failures, alterations, repairs, or maintenance actions, could 
result in fuel tank explosions and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Airworthiness Limitations Section (ALS) To 
Incorporate Fuel Maintenance and Inspection Tasks, With No Changes

    This paragraph restates the requirements of paragraph (f) of AD 
2007-21-14R1, Amendment 39-16061 (74 FR 55123, October 27, 2009), 
with no changes. Within 3 months after November 20, 2007 (the 
effective date of AD 2007-21-14, Amendment 39-15232, (72 FR 58499, 
October 16, 2007)), revise the ALS of the Instructions for Continued 
Airworthiness to incorporate Airbus A310 ALS Part 5--Fuel 
Airworthiness Limitations, dated May 31, 2006, as defined in Airbus 
A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, 
dated May 11, 2007 (approved by the European Aviation Safety Agency 
(EASA) on July 6, 2007), Section 1, ``Maintenance/Inspection 
Tasks.'' For all tasks identified in Section 1 of Document 95A.1930/
05, Issue 2, dated May 11, 2007 (approved by the European Aviation 
Safety Agency (EASA) on July 6, 2007), the initial compliance times 
start from the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD, and the repetitive inspections must be 
accomplished thereafter at the intervals specified in Section 1 of 
Document 95A.1930/05, except as provided by paragraph (h) of this 
AD.
    (1) November 20, 2007 (the effective date of AD 2007-21-14, 
Amendment 39-15232, (72 FR 58499, October 16, 2007)).
    (2) The date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness.

    Note 1 to paragraph (g) of this AD: Airbus Operator Information 
Telex SE 999.0079/07, Revision 01, dated August 14, 2007, identifies 
the applicable sections of the Airbus A310 Airplane Maintenance 
Manual necessary for accomplishing the tasks specified in Section 1 
of Document 95A.1930/05.

(h) Retained Revision of Initial Compliance Time for Task 28-18-00-03-
1, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2007-21-14 R1, Amendment 39-16061 (74 FR 55123, October 27, 2009), 
with no changes. For Task 28-18-00-03-1 identified in Section 1 of 
Document 95A.1930/05, ``Maintenance/Inspection Tasks,'' of Airbus 
A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, 
dated May 11, 2007 (approved by the EASA on July 6, 2007): The 
initial compliance time is the later of the times specified in 
paragraphs (h)(1) and (h)(2) of this AD. Thereafter, Task 28-18-00-
03-1 identified in Section 1 of Document 95A.1930/05, ``Maintenance/
Inspection Tasks,'' of Airbus A310 Fuel Airworthiness Limitations, 
Document 95A.1930/05, Issue 2, dated May 11, 2007 (approved by the 
EASA on July 6, 2007) must be accomplished at the repetitive 
interval specified in Section 1 of Document 95A.1930/05, Issue 2, 
dated May 11, 2007 (approved by the EASA on July 6, 2007).
    (1) Prior to the accumulation of 40,000 total flight hours.
    (2) Within 72 months or 20,000 flight hours after November 20, 
2007 (the effective date of AD 2007-21-14, Amendment 39-15232, (72 
FR 58499, October 16, 2007)), whichever occurs first.

(i) Retained Revision of the ALS To Incorporate CDCCLs, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2007-21-14R1, Amendment 39-16061 (74 FR 55123, October 27, 2009), 
with no changes. Within 12 months after November 20, 2007 (the 
effective date of AD 2007-21-14, Amendment 39-15232, (72 FR 58499, 
October 16, 2007)), revise the ALS of the Instructions for Continued 
Airworthiness to incorporate Airbus A310 ALS Part 5--Fuel 
Airworthiness Limitations, dated May 31, 2006, as defined in Airbus 
A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, 
dated May 11, 2007 (approved by the EASA on July 6, 2007), Section 
2, ``Critical Design Configuration Control Limitations.''

(j) Retained No Alternative Inspections, Inspection Intervals, or 
CDCCLs, With New Paragraph Reference

    This paragraph restates the requirements of paragraph (i) of AD 
2007-21-14R1, Amendment 39-16061 (74 FR 55123, October 27, 2009), 
with a new paragraph reference. Except as provided by paragraphs (k) 
and (m)(1) of this AD: After accomplishing the actions specified in 
paragraphs (g) and (i) of this AD, no alternative inspections, 
inspection intervals, or CDCCLs may be used.

(k) New Requirement of This AD: Revise the Maintenance or Inspection 
Program

    Within 3 months after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, by incorporating 
the airworthiness limitations as specified in Airbus A310 
Airworthiness Limitations Section (ALS) Part 5--Fuel Airworthiness 
Limitations, Revision 00, dated May 27, 2014. The initial compliance 
times for the actions specified Airbus A310 ALS Part 5--Fuel 
Airworthiness Limitations, Revision 00, dated May 27, 2014, are at 
the later of the times specified in Airbus A310 ALS Part 5--Fuel 
Airworthiness Limitations, Revision 00, dated May 27, 2014, or 
within 3 months after the effective date of this AD, whichever 
occurs later. Accomplishing the revision required by this paragraph 
terminates the actions required by paragraphs (g) through (i) of 
this AD.

(l) New Requirement of This AD: No Alternative Inspections, Intervals, 
and/or Critical Design Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program has been revised as 
required by paragraph (k) of this AD, no alternative actions (e.g., 
inspections), intervals, and/or CDCCLs may be used unless the 
actions, intervals, and/or CDCCLs are approved as an alternative 
method of compliance (AMOC) in

[[Page 3069]]

accordance with the procedures specified in paragraph (m)(1) of this 
AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, 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: Dan Rodina, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-2125; 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) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or Airbus's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2014-
0193, dated October 15, 2014, for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2015-8468.
    (2) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; 
Internet http://www.airbus.com. You may view this 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 January 5, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00632 Filed 1-19-16; 8:45 am]
BILLING CODE 4910-13-P
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