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[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64701-64704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25675]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0144; Directorate Identifier 2011-NM-152-AD; 
Amendment 39-17220; AD 2012-21-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Model A300 series airplanes; Model A310 series airplanes; and 
Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model 
A300 C4-605R Variant F airplanes (collectively called Model A300-600 
series airplanes). This AD was prompted by reports of cracked fuel pump 
canister hoods located in fuel tanks. This AD requires replacing any 
cracked hood halves of fuel pump canisters. We are issuing this AD to 
prevent any detached canister hood fragments/debris from being ingested 
into the fuel feed system, and becoming a potential source of ignition 
with consequent fire or explosion.

DATES: This AD becomes effective November 27, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 27, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 22, 2012 
(77 FR 10409). That NPRM proposed to correct

[[Page 64702]]

an unsafe condition for the specified products. The MCAI states:

    This [European Aviation Safety Agency (EASA)] AD results from 
findings of cracked fuel pump canister hoods located in fuel tanks.
    From the analyses, laboratory testing and examinations made so 
far, it is presently thought that vibration-induced fatigue can be 
identified as the root cause for the cracks found on in-service 
aeroplanes. However, current data does not yet permit to exclude 
some other potential contributing factors.
    This condition, if not detected and corrected, could lead to 
detached canister hood fragments/debris to be ingested into the fuel 
feed system. Also, the metallic debris inside the fuel tank could 
result in a potential source of ignition and consequent fire or 
explosion.
    For the reasons described above, this [EASA] AD requires 
repetitive [detailed] inspections of all fuel pump canister hood 
halves and their replacement if any [cracking] damage is found. This 
[EASA] AD also requires the inspection results to be reported.
    This [EASA] AD is considered to be an interim action. The 
reports that are required by this [EASA] AD will enable the 
manufacturer to obtain better insight into the nature, cause, and 
extent of the fuel pump canister hood cracking, and eventually to 
develop final action to address the unsafe condition. Once final 
action has been identified, further AD actions could be considered.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.

Request To Extend Reporting Time

    FedEx requested that the time for submitting reports, proposed in 
the NPRM (77 FR 10409, February 22, 2012) as 30 days, be extended to 90 
days, because it might not have immediate access to maintenance 
vendors' records of the completed tasks, and system-wide reporting can 
sometimes require longer times.
    Although EASA AD 2011-0124, dated June 30, 2011, specifies a 30-day 
compliance time for submitting reports, we agree with the commenter's 
request to extend the compliance time for reporting because a delay 
will not compromise safety. We have changed paragraphs (j)(1) and 
(j)(2) of this final rule accordingly. This difference has been 
coordinated with EASA.

Request for Specific Contact Information for Reporting

    FedEx requested that we provide specific information for submitting 
the reports proposed in the NPRM (77 FR 10409, February 22, 2012), 
including an email address, to facilitate reporting.
    We agree with the commenter's request for the reason given, and 
have added that information in paragraph (j) of this final rule.

Request To Delay the Final Rule Effective Date and Extend the 
Compliance Time

    UPS requested that the AD be effective after Airbus completes 
certifying the improved design for the fuel pump half hood, projected 
to be completed in late 2012. UPS also requested an initial compliance 
time of 36 months (versus the 30 months proposed in the NPRM (77 FR 
10409, February 22, 2012)) to allow for purchasing and part lead time. 
UPS stated that these changes to the NPRM would enable a one-time 
through-the-fleet solution without the need for repetitive inspections.
    We do not agree with the commenter's request for extending the 
compliance time. In developing an appropriate compliance time for this 
action, we considered not only the degree of urgency associated with 
addressing the subject unsafe condition, but the manufacturer's and 
EASA's recommendations for an appropriate compliance time, and the 
availability of required parts. We have not changed the AD in this 
regard.
    Further, we do not agree with the request for delaying the AD. For 
continued operational safety, operators need to begin the inspections, 
and not delay the inspections until the part is certified. We will 
consider an alternative method of compliance (AMOC) when parts are 
available. Operators may request approval of an AMOC in accordance with 
paragraph (k)(1) of this final rule, if sufficient data are submitted 
to substantiate that the method would provide an acceptable level of 
safety. We have not changed the AD in this regard.

Airplane Models Added to This AD

    We have determined that Model A300 B2-1A and A300 B4-601 airplanes 
were inadvertently omitted from the Applicability of the NPRM (77 FR 
10409, February 22, 2012). We have added those models to the 
Applicability of this AD in paragraphs (c)(1) and (c)(3) respectively. 
However, none of the airplanes added to the Applicability of this AD 
are on the U.S. Register. Therefore, additional notice and opportunity 
for public comment before issuing this AD are unnecessary.

Explanation of Updated Credit Language

    We have revised the heading and wording for paragraph (i) of this 
AD to provide appropriate credit for previous accomplishment of certain 
actions. This change does not affect the intent of that paragraph.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously, and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 10409, February 22, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 10409, February 22, 2012).

Costs of Compliance

    We estimate that this AD will affect about 221 products of U.S. 
registry. We also estimate that it will take up to 12 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $225,420, or $1,020 per 
product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour. We have no way of determining the number of 
products that may need these actions.
    We have received no definitive data that would enable us to provide 
cost estimates for certain parts required for the on-condition actions 
(replacing fuel pump canister hood halves) specified in this AD.

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

[[Page 64703]]

that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this AD:
    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 AD and placed it in the AD docket.

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 the NPRM (77 FR 10409, February 22, 
2012), 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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 adding the following new AD:

2012-21-04 Airbus: Amendment 39-17220. Docket No. FAA-2012-0144; 
Directorate Identifier 2011-NM-152-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 27, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category, 
all certificated models, all serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A310-203, -204, -221, -222, -304, -322, -324, 
and -325 airplanes.
    (3) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 
airplanes, Model A300 B4-605R and B4-622R airplanes, Model A300 F4-
605R and F4-622R airplanes, and Model A300 C4-605R Variant F 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28: Fuel.

(e) Reason

    This AD was prompted by reports of cracked fuel pump canister 
hoods located in fuel tanks. We are issuing this AD to prevent any 
detached canister hood fragments/debris from being ingested into the 
fuel feed system, and becoming a potential source of ignition with 
consequent fire or explosion.

(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) Initial Inspection and Replacement

    Within 30 months after the effective date of this AD, do a 
detailed inspection for cracking of the fuel pump canister hood 
halves installed on all fuel pump canisters having part numbers (P/
N) 2052C11, 2052C12, and C93R51-601, in accordance with the 
Accomplishment Instructions of the service bulletin specified in 
paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable. If 
any crack is found on any fuel pump canister hood half during any 
inspection, before further flight, replace the fuel pump canister 
hood half, in accordance with the Accomplishment Instructions of the 
service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of 
this AD, as applicable.
    (1) For Model A300 series airplanes: Airbus Mandatory Service 
Bulletin A300-28-0089, Revision 01, including Inspection Findings--
Reporting Sheet, dated April 15, 2011.
    (2) For Model A300-600 series airplanes: Airbus Mandatory 
Service Bulletin A300-28-6106, Revision 01, including Inspection 
Findings--Reporting Sheet, dated April 15, 2011.
    (3) For Model A310 series airplanes: Airbus Mandatory Service 
Bulletin A310-28-2173, Revision 01, including Inspection Findings--
Reporting Sheet, dated April 15, 2011.

(h) Repetitive Inspections

    Within 30 months after accomplishing the actions specified in 
paragraph (g) of this AD, and thereafter at intervals not to exceed 
30 months, repeat the detailed inspection specified in paragraph (g) 
of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the Airbus Mandatory Service Bulletins 
specified in paragraph (i)(1), (i)(2), or (i)(3) of this AD, which are 
not incorporated by reference in this AD.
    (1) Airbus Mandatory Service Bulletin A300-28-0089, dated January 
13, 2011.
    (2) Airbus Mandatory Service Bulletin A300-28-6106, dated January 
13, 2011.
    (3) Airbus Mandatory Service Bulletin A310-28-2173, dated January 
13, 2011.

(j) Reporting to Airbus

    Submit reports of the findings (both positive and negative) of the 
inspections required by paragraphs (g) and (h) of this AD to Airbus at 
the applicable time specified in paragraph (j)(1) or (j)(2) of this AD, 
using the form ``Inspection Findings--Reporting Sheet'' provided in the 
service bulletin identified in paragraph (g)(1), (g)(2), or (g)(3) of 
this AD, as applicable. Submit information to Airbus, SDC32 Technical 
Data and Documentation Services, fax (+33) 5 61 93 28 06, email 
sb.reporting@airbus.com, or via the operator's Resident Customer 
Support Office.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 90 days after the effective date of this 
AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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, Washington 98057-3356;

[[Page 64704]]

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) 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: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a person 
be subject to a penalty for failure to comply with a collection of 
information subject to the requirements of the Paperwork Reduction Act 
unless that collection of information displays a current valid OMB 
Control Number. The OMB Control Number for this information collection 
is 2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2011-0124, dated June 30, 2011; and the Airbus mandatory 
service bulletins identified in paragraphs (l)(1), (l)(2), and (l)(3) 
of this AD; for related information.
    (1) Airbus Mandatory Service Bulletin A300-28-0089, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.
    (2) Airbus Mandatory Service Bulletin A300-28-6106, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.
    (3) Airbus Mandatory Service Bulletin A310-28-2173, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation 
by reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Mandatory Service Bulletin A300-28-0089, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.
    (ii) Airbus Mandatory Service Bulletin A300-28-6106, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.
    (iii) Airbus Mandatory Service Bulletin A310-28-2173, Revision 01, 
including Inspection Findings--Reporting Sheet, dated April 15, 2011.
    (3) For Airbus service information identified in this AD, contact 
Airbus SAS--EAW (Airworthiness Office), 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.
    (4) You may review copies of the 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.
    (5) You may also review copies of the service information that is 
incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25675 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P
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