Airworthiness Directives; Airbus Model A310 Series Airplanes, 39035-39038 [2011-16778]

Download as PDF Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules (ii) If the number of touch-and-go’s and overshoots on an individual critical part is one percent or more of the total number of FC on the critical part, disregard the previous calculations of life on that individual critical part and retrospectively re-calculate the accumulated FC of that individual critical part by the addition of one FC for every touch-and-go and overshoot to the total number of FC. 01803; e-mail: mark.riley@faa.gov; phone: (781) 238–7758; fax: (781) 238–7199, for more information about this AD. Definitions (f) A touch-and-go is a phase of a flight where a landing approach of an airplane is continued to the touch-down point and the airplane immediately takes off again without stopping. (g) An overshoot is a phase of a flight where a landing approach of an airplane is not continued to the touchdown point. This includes missed approaches due to safety reasons, weather minimums, airplane engine configurations, runway incursions, and any other undetermined causes. BILLING CODE 4910–13–P FAA AD Differences (h) This AD differs from the Mandatory Continuing Airworthiness Information (MCAI) and or service information as follows: (1) This AD requires within 30 days after the effective date of this AD, revising the ALS of the operators approved maintenance program (reference the TLM chapters 05–00– 01 and 05–00–02 of the applicable EMs) to remove the requirement to record each touchand-go or overshoot as 1⁄5 of a FC on an engine installed on an airplane used for Pilot Training, and adding a requirement to record each touch-and-go or overshoot as 1 FC to the life of all critical parts and the fan blades. The MCAI requires that the revised method of life counting for each touch-and-go and overshoot be accomplished within 4 months. (2) The MCAI requires determining the total number of touch-and-go’s and overshoots that each individual critical part (except the fan shaft and LP turbine rotor shaft) has experienced since entry into service. This AD only requires determining those numbers for touch-and-go’s and overshoots that had occurred during Pilot Training. Airworthiness Directives; Airbus Model A310 Series Airplanes mstockstill on DSK4VPTVN1PROD with PROPOSALS Other FAA AD Provisions (i) Alternative Methods of Compliance (AMOCs): The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (j) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2010–0077, dated April 20, 2010, and Rolls-Royce Deutschland Ltd & Co KG Alert Service Bulletin SB–BR700–72–A900504, Revision 1, dated February 19, 2010, for related information. Contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; telephone: 49 0 33–7086–1883; fax: 49 0 33–7086–3276, for a copy of this service information. (k) Contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA VerDate Mar<15>2010 18:32 Jul 01, 2011 Jkt 223001 Issued in Burlington, Massachusetts, on June 27, 2011. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2011–16709 Filed 7–1–11; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2011–0650; Directorate Identifier 2010–NM–257–AD] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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: SUMMARY: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01– L296, dated March 4th, 2002, and 04/00/02/ 07/03–L024, dated February 3rd, 2003, the [Joint Aviation Authorities] JAA recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 3,402 kg (7,500 lb) or more which have received their certification since January 1st, 1958, are required to conduct a design review against explosion risks. * * * * * The unsafe condition is insufficient electrical bonding of the over-wing refueling cap adapter, which could result in a possible fuel ignition source in the fuel tanks. 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 August 19, 2011. ADDRESSES: You may send comments by any of the following methods: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 39035 • 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 W12–40, 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– 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; e-mail: account.airworth-eas@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: 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: 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–2011–0650; Directorate Identifier 2010–NM–257–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy E:\FR\FM\05JYP1.SGM 05JYP1 39036 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules 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 2010–0199, dated September 30, 2010 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01– L296, dated March 4th, 2002, and 04/00/02/ 07/03–L024, dated February 3rd, 2003, the JAA recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 3,402 kg (7,500 lb) or more which have received their certification since January 1st, 1958, are required to conduct a design review against explosion risks. * * * * * mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * [This AD] requires the additional work introduced by Airbus SB A310–28– 2142 at revision 3. The unsafe condition is insufficient electrical bonding of the over-wing refueling cap adapter, which could result in a possible fuel ignition source in the fuel tanks. The additional work for airplanes on which Airbus Service Bulletin A310– 28–2142, dated August 26, 2005; Revision 01, dated July 17, 2006; or Revision 02, dated September 3, 2007; has been done consists of doing electrical bonding resistance tests (for configuration 05 airplanes) of the inboard and outboard over-wing refueling cap mounts and, for configuration 06 airplanes, doing electrical bonding resistance tests of the outboard over-wing refueling cap mounts, and corrective actions, if necessary. Corrective actions include installing and bonding new refueling cap adapter nuts. 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 VerDate Mar<15>2010 17:41 Jul 01, 2011 Jkt 223001 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 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. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Relevant Service Information Airbus has issued Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009. 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 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 66 products of U.S. registry. We also estimate that it would take about 4 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 $200 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 $35,640, or $540 per product. E:\FR\FM\05JYP1.SGM 05JYP1 39037 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules 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 airplanes on which Airbus Mandatory Service Bulletins A310–28–2143, and A310– 28–2153, both dated July 20, 2005; and Airbus Mandatory Service Bulletin A310–28– 2142, Revision 03, dated November 18, 2009; have been done; certificated in any category. Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Subject The Proposed Amendment Reason Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (e) The mandatory continuing airworthiness information (MCAI) states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01– L296, dated March 4th, 2002, and 04/00/02/ 07/03–L024, dated February 3rd, 2003, the [Joint Aviation Authorities] JAA recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 3,402 kg (7,500 lb) or more which have received their certification since January 1st, 1958, are required to conduct a design review against explosion risks. 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–2011–0650; Directorate Identifier 2010–NM–257–AD. Comments Due Date (a) We must receive comments by August 19, 2011. Affected ADs (b) None. Applicability (c) This AD applies to airplanes identified in paragraphs (c)(1) and (c)(2) of this AD. (1) Airbus Model A310–203, A310–204, A310–221 and A310–222 airplanes (without trim tank), all serial numbers, except airplanes on which Airbus Mandatory Service Bulletin A310–28–2143, dated July 20, 2005; and Airbus Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009; have been done; certificated in any category. (2) Model A310–304, A310–322, A310– 324, and A310–325 airplanes (fitted with trim tank), all serial numbers, except (d) Air Transport Association (ATA) of America Code 28: Fuel System. * * * * * The unsafe condition is insufficient electrical bonding of the over-wing refueling cap adapter, which could result in a possible fuel ignition source in the fuel tanks. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Resistance Measurement (g) For configuration 05 and 06 airplanes, as identified in Airbus Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009, on which any Airbus service bulletin identified in table 1 of this AD has been done: Within 3 months after the effective date of this AD, do the actions in paragraph (g)(1) or (g)(2) of this AD, as applicable. TABLE 1—PREVIOUSLY ACCOMPLISHED AIRBUS SERVICE BULLETINS Revision Airbus Service Bulletin A310–28–2142 .............................................................................. Airbus Service Bulletin A310–28–2142 .............................................................................. Airbus Service Bulletin A310–28–2142 .............................................................................. mstockstill on DSK4VPTVN1PROD with PROPOSALS Airbus Service Bulletin Original ................................. 01 ......................................... 02 ......................................... (1) For configuration 05 airplanes: Do a resistance check of the inboard and outboard over-wing refuel cap mounts between the flange face of the refuel insert and the wing, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009. (2) For configuration 06 airplanes: Do a resistance check of the outboard over-wing refuel cap mounts between the flange face of the refuel insert and the wing, in accordance VerDate Mar<15>2010 17:41 Jul 01, 2011 Jkt 223001 Date August 26, 2005. July 17, 2006. September 3, 2007. with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A310–28– 2142, Revision 03, dated November 18, 2009. Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009. Corrective Action Note 1: This AD differs from the MCAI and/or service information as follows: (1) Airbus Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009, specifies that if any resistance measurement is more than 10 mohm, corrective actions must be done. This AD specifies that if any resistance measurement (h) If during any resistance measurement required by paragraph (g)(1) or (g)(2) of this AD, a resistance of 10 mohm or greater is found: Before further flight, do all applicable corrective actions, in accordance with the Accomplishment Instructions of Airbus PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 FAA AD Differences E:\FR\FM\05JYP1.SGM 05JYP1 39038 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules is 10 mohm or greater, corrective actions must be done. (2) Paragraphs (1), (2), and (4) of European Aviation Safety Agency (EASA) Airworthiness Directive 2010–0199, dated September 30, 2010, include actions that are not required in this AD. These actions are required by AD 2007–20–04, Amendment 39–15214 (72 FR 56258, October 3, 2007). Other FAA AD Provisions (i) 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. Send information to ATTN: 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. Information may be e-mailed to: 9-ANM-116AMOC-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. Related Information (j) Refer to MCAI EASA Airworthiness Directive 2010–0199, dated September 30, 2010; and Airbus Mandatory Service Bulletin A310–28–2142, Revision 03, dated November 18, 2009. Issued in Renton, Washington, on June 27, 2011. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–16778 Filed 7–1–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2011–0558; Airspace Docket No. 11–AEA–13] Proposed Establishment of Class E Airspace; Lebanon, PA Federal Aviation Administration (FAA), DOT. AGENCY: VerDate Mar<15>2010 17:41 Jul 01, 2011 Jkt 223001 Notice of proposed rulemaking (NPRM). ACTION: This action proposes to establish Class E Airspace at Lebanon, PA, to accommodate new Standard Instrument Approach Procedures at Keller Brothers Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. DATES: Comments must be received on or before August 19, 2011. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001; Telephone: 1–800– 647–5527; Fax: 202–493–2251. You must identify the Docket Number FAA– 2011–0558; Airspace Docket No. 11– AEA–13, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: SUMMARY: Comments Invited Interested persons are invited to comment on this proposed rule by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2011–0558; Airspace Docket No. 11– AEA–13) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http:// www.regulations.gov. Annotators wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2011–0558; Airspace Docket No. 11–AEA–13.’’ The postcard will be date/time stamped and returned to the commenter. All communications received before the specified closing date for comments PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded from and comments submitted through http:// www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http://www.faa.gov/ airports_airtraffic/air_traffic/ publications/airspace_amendments/. You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class E airspace at Lebanon, PA, providing the controlled airspace required to support the new RNAV GPS standard instrument approach procedures for Keller Brothers Airport. Controlled airspace extending upward from 700 feet above the surface would be established for the safety and management of IFR operations at the airport. Class E airspace designations are published in Paragraph 6005 of FAA order 7400.9U, dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to E:\FR\FM\05JYP1.SGM 05JYP1

Agencies

[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Proposed Rules]
[Pages 39035-39038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16778]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0650; Directorate Identifier 2010-NM-257-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A310 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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:

    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
[Joint Aviation Authorities] JAA recommended the application of a 
similar regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
The unsafe condition is insufficient electrical bonding of the over-
wing refueling cap adapter, which could result in a possible fuel 
ignition source in the fuel tanks. 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 August 19, 2011.

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 W12-40, 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-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; e-mail: account.airworth-eas@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: 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: 

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-2011-0650; 
Directorate Identifier 2010-NM-257-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy

[[Page 39036]]

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 2010-0199, dated September 30, 2010 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
JAA recommended the application of a similar regulation to the 
National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
    * * * [This AD] requires the additional work introduced by 
Airbus SB A310-28-2142 at revision 3.

The unsafe condition is insufficient electrical bonding of the over-
wing refueling cap adapter, which could result in a possible fuel 
ignition source in the fuel tanks.
    The additional work for airplanes on which Airbus Service Bulletin 
A310-28-2142, dated August 26, 2005; Revision 01, dated July 17, 2006; 
or Revision 02, dated September 3, 2007; has been done consists of 
doing electrical bonding resistance tests (for configuration 05 
airplanes) of the inboard and outboard over-wing refueling cap mounts 
and, for configuration 06 airplanes, doing electrical bonding 
resistance tests of the outboard over-wing refueling cap mounts, and 
corrective actions, if necessary. Corrective actions include installing 
and bonding new refueling cap adapter nuts. 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 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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A310-28-2142, Revision 
03, dated November 18, 2009. 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 
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 66 products of U.S. registry. We also estimate that 
it would take about 4 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 $200 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 $35,640, or $540 per product.

[[Page 39037]]

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, 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-0650; Directorate Identifier 2010-NM-
257-AD.

Comments Due Date

    (a) We must receive comments by August 19, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) Airbus Model A310-203, A310-204, A310-221 and A310-222 
airplanes (without trim tank), all serial numbers, except airplanes 
on which Airbus Mandatory Service Bulletin A310-28-2143, dated July 
20, 2005; and Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 03, dated November 18, 2009; have been done; certificated 
in any category.
    (2) Model A310-304, A310-322, A310-324, and A310-325 airplanes 
(fitted with trim tank), all serial numbers, except airplanes on 
which Airbus Mandatory Service Bulletins A310-28-2143, and A310-28-
2153, both dated July 20, 2005; and Airbus Mandatory Service 
Bulletin A310-28-2142, Revision 03, dated November 18, 2009; have 
been done; certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    [T]he FAA has published SFAR 88 (Special Federal Aviation 
Regulation 88).
    In their letters referenced 04/00/02/07/01-L296, dated March 
4th, 2002, and 04/00/02/07/03-L024, dated February 3rd, 2003, the 
[Joint Aviation Authorities] JAA recommended the application of a 
similar regulation to the National Aviation Authorities (NAA).
    Under this regulation, all holders of type certificates for 
passenger transport aircraft with either a passenger capacity of 30 
or more, or a payload capacity of 3,402 kg (7,500 lb) or more which 
have received their certification since January 1st, 1958, are 
required to conduct a design review against explosion risks.
* * * * *
    The unsafe condition is insufficient electrical bonding of the 
over-wing refueling cap adapter, which could result in a possible 
fuel ignition source in the fuel tanks.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Resistance Measurement

    (g) For configuration 05 and 06 airplanes, as identified in 
Airbus Mandatory Service Bulletin A310-28-2142, Revision 03, dated 
November 18, 2009, on which any Airbus service bulletin identified 
in table 1 of this AD has been done: Within 3 months after the 
effective date of this AD, do the actions in paragraph (g)(1) or 
(g)(2) of this AD, as applicable.

                            Table 1--Previously Accomplished Airbus Service Bulletins
----------------------------------------------------------------------------------------------------------------
          Airbus Service Bulletin                     Revision                             Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A310-28-2142......  Original...................  August 26, 2005.
Airbus Service Bulletin A310-28-2142......  01.........................  July 17, 2006.
Airbus Service Bulletin A310-28-2142......  02.........................  September 3, 2007.
----------------------------------------------------------------------------------------------------------------

     (1) For configuration 05 airplanes: Do a resistance check of 
the inboard and outboard over-wing refuel cap mounts between the 
flange face of the refuel insert and the wing, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A310-28-2142, Revision 03, dated November 18, 2009.
    (2) For configuration 06 airplanes: Do a resistance check of the 
outboard over-wing refuel cap mounts between the flange face of the 
refuel insert and the wing, in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A310-28-2142, 
Revision 03, dated November 18, 2009.

Corrective Action

    (h) If during any resistance measurement required by paragraph 
(g)(1) or (g)(2) of this AD, a resistance of 10 mohm or greater is 
found: Before further flight, do all applicable corrective actions, 
in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A310-28-2142, Revision 03, dated November 
18, 2009.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Airbus Mandatory Service Bulletin A310-28-2142, Revision 03, 
dated November 18, 2009, specifies that if any resistance 
measurement is more than 10 mohm, corrective actions must be done. 
This AD specifies that if any resistance measurement

[[Page 39038]]

is 10 mohm or greater, corrective actions must be done.
    (2) Paragraphs (1), (2), and (4) of European Aviation Safety 
Agency (EASA) Airworthiness Directive 2010-0199, dated September 30, 
2010, include actions that are not required in this AD. These 
actions are required by AD 2007-20-04, Amendment 39-15214 (72 FR 
56258, October 3, 2007).

Other FAA AD Provisions

    (i) 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. Send information to ATTN: 
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. 
Information may be e-mailed 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.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0199, dated 
September 30, 2010; and Airbus Mandatory Service Bulletin A310-28-
2142, Revision 03, dated November 18, 2009.

    Issued in Renton, Washington, on June 27, 2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-16778 Filed 7-1-11; 8:45 am]
BILLING CODE 4910-13-P