Airworthiness Directives; Airbus Airplanes, 46306-46309 [2013-18391]

Download as PDF 46306 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Proposed Rules 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. connecting bleed elements on certain airplanes. We are proposing this AD to prevent ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by September 16, 2013. Federal Aviation Administration You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email airworthiness.A330-A340@airbus.com; Internet https://www.airbus.com. You may review copies of the 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. 14 CFR Part 39 Examining the AD Docket [Docket No. FAA–2013–0632; Directorate Identifier 2013–NM–045–AD] You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1138; fax 425–227–1149. SUPPLEMENTARY INFORMATION: (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency Airworthiness Directive 2012–0241, dated November 12, 2012, for related information. The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov. (2) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88–6280–350; fax +31 (0)88–6280–111; email technicalservices@fokker.com; Internet https://www.myfokkerfleet.com. You may review copies of the 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. Issued in Renton, Washington, on July 21, 2013. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–18389 Filed 7–30–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330–200 and –300 series airplanes, and Model A340–200, –300, –500, and –600 series airplanes. This proposed AD results from fuel system reviews conducted by the airplane manufacturer. This proposed AD would require removing bulb type maintenance lights; installing a drain mast on certain airplanes; and installing muffs on ehiers on DSK2VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 ADDRESSES: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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–2013–0632; Directorate Identifier 2013–NM–045–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 https:// 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 2013–0033, dated February 19, 2013 (referred to after this the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: [Subsequent to accidents involving fuel tank system explosions in flight and on ground], the FAA published Special Federal Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities (JAA) published Interim Policy INT/POL/25/12. In response to these regulations, a global design review conducted by Airbus on the A330 and A340 type design Section 19, which is a flammable fluid leakage zone and a zone adjacent to a fuel tank, highlighted potential deviations. The specific identified cases were that drainage is inefficient in flight on A340–500/–600 aeroplanes, maintenance lights are not qualified explosion proof, and hot surfaces may exist on bleed system during normal/failure operations. This condition, if not corrected, in combination with a fuel leak generating flammable vapours in the area, could result in a fuel tank explosion and consequent loss of the aeroplane. For the reasons described above, this [EASA] AD requires removal of bulb type maintenance lights for all aeroplanes, installation of the drain mast between Frame (FR) 80 and FR83 for A340–500/–600, and installation of muffs on connecting bleed elements to minimize hot surfaces on A330 and A340–200/–300. 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 E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Proposed Rules transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. The Joint Aviation Authorities (JAA) has issued a regulation that is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an associated body of the European Civil Aviation Conference (ECAC) representing the civil aviation regulatory authorities of a number of European States who have agreed to cooperate in developing and implementing common safety regulatory standards and procedures.) Under this regulation, the JAA stated that all members of the ECAC that hold type certificates for transport category airplanes are required to conduct a design review against explosion risks. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Relevant Service Information Airbus has issued the following service bulletins. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. • Airbus Mandatory Service Bulletin A330–33–3041, Revision 01, dated July 10, 2012. 46307 • Airbus Mandatory Service Bulletin A330–36–3040, Revision 01, dated November 26, 2012. • Airbus Mandatory Service Bulletin A340–33–4026, Revision 01, dated July 10, 2012. • Airbus Mandatory Service Bulletin A340–33–5006, dated January 3, 2012. • Airbus Mandatory Service Bulletin A340–36–4035, dated September 18, 2012. • Airbus Mandatory Service Bulletin A340–53–5031, Revision 02, dated August 3, 2011. • Airbus Service Bulletin A330–36– 3037, Revision 01, dated January 24, 2013. • Airbus Service Bulletin A330–36– 3038, dated January 16, 2012. • Airbus Service Bulletin A340–36– 4033, Revision 01, dated January 28, 2013. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance We estimate that this proposed AD affects 43 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Parts cost Cost per product Installation .................. Up to 21 work-hours × $85 per hour = $1,785. Up to $5,219 .............. Up to $7,004 .............. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 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 VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Cost on U.S. operators Up to $301,172. 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: E:\FR\FM\31JYP1.SGM 31JYP1 46308 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Proposed Rules 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ Airbus: Docket No. FAA–2013–0632; Directorate Identifier 2013–NM–045–AD. (a) Comments Due Date We must receive comments by September 16, 2013. (b) Affected ADs None. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 (c) Applicability This AD applies to the Airbus airplanes, certificated in any category, specified in paragraphs (c)(1) and (c)(2) of this AD, all manufacturer serial numbers. (1) Airbus Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes. (2) Airbus Model A340–211, –212, –213, –311, –312, –313, –541, and –642 airplanes. (d) Subject Air Transport Association (ATA) of America Code 26, Fire protection; 33, Lights; 36, Pneumatic; 53, Fuselage. (e) Reason This AD results from fuel system reviews conducted by the airplane manufacturer. We are issuing this AD to prevent ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 (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) Maintenance Light Removal Except airplanes on which Airbus Modification 56739 has been incorporated in production: Within 26 months after the effective date of this AD, remove the maintenance lights, in accordance with the Accomplishment Instructions of the applicable Airbus service information specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. (1) Airbus Mandatory Service Bulletin A330–33–3041, Revision 01, dated July 10, 2012 (for Model A330 series airplanes). (2) Airbus Mandatory Service Bulletin A340–33–4026, Revision 01, dated July 10, 2012 (for Model A340–200 and –300 series airplanes). (3) Airbus Mandatory Service Bulletin A340–33–5006, dated January 3, 2012 (for Model A340–500 and –600 series airplanes). Note to paragraph (g) of this AD: For Model A340–500 and –600 series airplanes, Airbus has issued Airbus Service Bulletin A340–33– 5007 to introduce halogen type lights which are qualified as explosion proof and that can be installed (at operators discretion) after removal of the non-explosion proof lights required by paragraph (g) of this AD. (h) Insulation Muff Installation For Model A330–200 and –300 series airplanes, and Model A340–200 and –300 series airplanes, except those airplanes on which Airbus Modification 52260 has been incorporated in production: Within 26 months after the effective date of this AD, install insulation muffs on connecting auxiliary power unit bleed air duct, in accordance with the Accomplishment Instructions of the applicable Airbus service information specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD. (1) Airbus Service Bulletin A330–36–3038, dated January 16, 2012, for Model A330 series airplanes on which Airbus Service Bulletin A330–36–3032 has been incorporated. (2) Airbus Mandatory Service Bulletin A330–36–3040, Revision 01, dated November 26, 2012, for Model A330 series airplanes on which Airbus Service Bulletin A330–36– 3032 has not been incorporated. (3) Airbus Mandatory Service Bulletin A340–36–4035, dated September 18, 2012, for Model A340 series airplanes. (i) Alternative Action to Paragraph (h) of This AD For Model A330 series airplanes on which Airbus service information A330–36–3032 is not incorporated, and for Model A340 series airplanes: Doing the bleed leak detection loop modification of the auxiliary power unit (APU), in accordance with the Accomplishment Instructions of the applicable Airbus Service Bulletin specified in paragraphs (i)(1) and (i)(2) of this AD, is an acceptable alternative to the actions required by paragraph (h) of this AD, provided the modification is accomplished PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 within 26 months after the effective date of this AD. (1) Airbus Service Bulletin A330–36–3037, Revision 01, dated January 24, 2013. (2) Airbus Service Bulletin A340–36–4033, Revision 01, dated January 28, 2013. (j) Drain Mast Installation For Model A340–500 and –600 series airplanes, except those on which Airbus Modification 54636 or 54637 has been incorporated in production: Within 26 months after the effective date of this AD, install a drain mast between frame (FR) 80 and FR 83, in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A340–53–5031, Revision 02, dated August 3, 2011. (k) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Mandatory Service Bulletin A330–33–3041, dated January 3, 2012; or Airbus Mandatory Service Bulletin A340–33–4026, dated January 3, 2012; as applicable; which are not incorporated by reference in this AD. (2) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Mandatory Service Bulletin A330–36–3040, dated September 18, 2012, which is not incorporated by reference in this AD. (3) This paragraph provides credit for actions required by paragraph (i) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A330–36–3037, dated September 23, 2011; or Airbus Service Bulletin A340–36– 4033, dated September 23, 2011; as applicable; which are not incorporated by reference in this AD. (4) This paragraph provides credit for actions required by paragraph (j) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A340–53–5031, dated July 31, 2006; or Airbus Service Bulletin A340–53–5031, Revision 01, dated January 10, 2008; as applicable; which are not incorporated by reference in this AD. (l) 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1138; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate E:\FR\FM\31JYP1.SGM 31JYP1 Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Proposed Rules ehiers on DSK2VPTVN1PROD with PROPOSALS-1 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. an investigation. We are also interested in obtaining information about whether we should adopt rules that would address our ability to make prospective changes to the amount of an individual’s benefits without making changes for months in which the individual has already received payment. We are requesting your comments on several questions that we address below. DATES: To ensure that your comments are considered, we must receive them (m) Related Information no later than September 30, 2013. (1) Refer to Mandatory Continuing ADDRESSES: You may submit written Airworthiness Directive (MCAI) European comments by any one of three Aviation Safety Agency Airworthiness methods—Internet, fax or mail. Do not Directive 2013–0033, dated February 19, submit the same comments multiple 2013, for related information. times, or by more than one method. (2) For service information identified in Regardless of which method you this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, choose, please state that your comments 31707 Blagnac Cedex, France; telephone +33 refer to Docket No. SSA–2013–0011, so 5 61 93 36 96; fax +33 5 61 93 45 80; email that we may associate your comments airworthiness.A330-A340@airbus.com; with the correct activity. Internet https://www.airbus.com. You may Caution: You should be careful to review copies of the referenced service include in your comments only information at the FAA, Transport Airplane information that you wish to make Directorate, 1601 Lind Avenue SW., Renton, publicly available. We strongly urge you WA. For information on the availability of not to include in your comments any this material at the FAA, call 425–227–1221. personal information, such as Social Issued in Renton, Washington, on July 21, Security numbers or medical 2013. information. Stephen P. Boyd, • Internet: We strongly recommend Acting Manager, Transport Airplane this method for submitting your Directorate, Aircraft Certification Service. comments. Visit the Federal [FR Doc. 2013–18391 Filed 7–30–13; 8:45 am] eRulemaking portal at https:// BILLING CODE 4910–13–P www.regulations.gov. Use the Search function of the Web page to find docket number SSA–2013–0011, and then SOCIAL SECURITY ADMINISTRATION submit your comment. Once you submit your comment, the system will issue 20 CFR Parts 404 and 416 you a tracking number to confirm your [Docket No. SSA 2013–0011] submission. You will not be able to view your comment immediately as we Rules of Administrative Finality must manually post each comment. It may take up to a week for your AGENCY: Social Security Administration comment to be viewable. (SSA) • Fax: Fax comments to (410) 966– ACTION: Notice and request for 2830. comments. • Mail: Mail your comments to the SUMMARY: We are requesting information Office of Regulations and Reports Clearance, Social Security from the public regarding whether and Administration, 107 Altmeyer Building, how we should change our rules of 6401 Security Boulevard, Baltimore, administrative finality. These rules Maryland 21235–6401. govern when we can reopen and revise Comments are available for public a determination or decision that has become final and is no longer subject to viewing on the Federal eRulemaking portal at https://www.regulations.gov, or administrative or judicial review. We are requesting information about several in person, during regular business possible ways to change various aspects hours, by arranging with the contact person identified below. of our administrative finality rules. We are interested in obtaining information FOR FURTHER INFORMATION CONTACT: about issues such as whether and how Zeenat Kolia, Office of Income Security we should revise the rules that govern Programs, Social Security the timeframes in which we can reopen Administration, 6401 Security a determination or decision, and Boulevard, Baltimore, Maryland 21235– whether and how we should revise the 6401, 410–965–8629. For information rules that govern the diligent pursuit of on eligibility or filing for benefits, call VerDate Mar<15>2010 14:07 Jul 30, 2013 Jkt 229001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 46309 our national toll-free number, 1–800– 772–1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background An initial determination is a determination we make that is subject to administrative and judicial review. Generally, an initial determination resolves the legal or factual issues affecting your entitlement or eligibility as provided by the Social Security Act (Act). Some examples of initial determinations are determinations about your entitlement to benefits, the benefit amount you receive, the termination of your benefits, and any overpayments or underpayments that may occur. Initial determinations are final and binding unless you request an appeal within the appropriate timeframe or we reopen and revise the initial determination under our rules of administrative finality. The rules of administrative finality govern whether we may reopen and revise determinations or decisions that are no longer subject to administrative and judicial review. The administrative finality rules that allow us to reopen and revise determinations or decisions only in specific situations and within specific timeframes were first put in place to help ensure that individuals could rely on the determinations and decisions we made in their claims. Current Rules for Reopening Our rules of administrative finality are located at 20 CFR 404.987–404.996 for title II claims and at 20 CFR 416.1487–416.1494 for title XVI claims. Some of the timeframes for reopening are different for title II and title XVI. Currently, for title II claims, we may reopen a determination or decision: • Within 12 months of the date of the notice of the initial determination for any reason; • Within 4 years of the date of the notice of the initial determination if we find good cause to reopen the determination or decision; or • At any time in certain situations, such as when fraud or similar fault is involved. For title XVI claims, we may reopen a determination or decision: • Within 12 months of the date of the notice of the initial determination for any reason; • Within 2 years of the date of the notice of the initial determination if we find good cause to reopen the determination or decision; or • At any time only if fraud or similar fault is involved. E:\FR\FM\31JYP1.SGM 31JYP1

Agencies

[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Proposed Rules]
[Pages 46306-46309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18391]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0632; Directorate Identifier 2013-NM-045-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Airbus Model A330-200 and -300 series airplanes, and Model A340-200, -
300, -500, and -600 series airplanes. This proposed AD results from 
fuel system reviews conducted by the airplane manufacturer. This 
proposed AD would require removing bulb type maintenance lights; 
installing a drain mast on certain airplanes; and installing muffs on 
connecting bleed elements on certain airplanes. We are proposing this 
AD to prevent ignition sources inside fuel tanks, which, in combination 
with flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by September 16, 
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 45 80; email airworthiness.A330-A340@airbus.com; Internet https://www.airbus.com. You may review copies of the 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 https://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0632; 
Directorate Identifier 2013-NM-045-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 https://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 2013-0033, dated February 19, 2013 (referred to 
after this the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    [Subsequent to accidents involving fuel tank system explosions 
in flight and on ground], the FAA published Special Federal Aviation 
Regulation (SFAR) 88, and the Joint Aviation Authorities (JAA) 
published Interim Policy INT/POL/25/12.
    In response to these regulations, a global design review 
conducted by Airbus on the A330 and A340 type design Section 19, 
which is a flammable fluid leakage zone and a zone adjacent to a 
fuel tank, highlighted potential deviations. The specific identified 
cases were that drainage is inefficient in flight on A340-500/-600 
aeroplanes, maintenance lights are not qualified explosion proof, 
and hot surfaces may exist on bleed system during normal/failure 
operations.
    This condition, if not corrected, in combination with a fuel 
leak generating flammable vapours in the area, could result in a 
fuel tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this [EASA] AD requires removal 
of bulb type maintenance lights for all aeroplanes, installation of 
the drain mast between Frame (FR) 80 and FR83 for A340-500/-600, and 
installation of muffs on connecting bleed elements to minimize hot 
surfaces on A330 and A340-200/-300.

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

[[Page 46307]]

transport airplanes, including the adequacy of existing regulations, 
the service history of airplanes subject to those regulations, and 
existing maintenance practices for fuel tank systems. As a result of 
those findings, we issued a regulation titled ``Transport Airplane Fuel 
Tank System Design Review, Flammability Reduction and Maintenance and 
Inspection Requirements'' (66 FR 23086, May 7, 2001). In addition to 
new airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires 
certain type design (i.e., type certificate (TC) and supplemental type 
certificate (STC)) holders to substantiate that their fuel tank systems 
can prevent ignition sources in the fuel tanks. This requirement 
applies to type design holders for large turbine-powered transport 
airplanes and for subsequent modifications to those airplanes. It 
requires them to perform design reviews and to develop design changes 
and maintenance procedures if their designs do not meet the new fuel 
tank safety standards. As explained in the preamble to the rule, we 
intended to adopt airworthiness directives to mandate any changes found 
necessary to address unsafe conditions identified as a result of these 
reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an 
associated body of the European Civil Aviation Conference (ECAC) 
representing the civil aviation regulatory authorities of a number of 
European States who have agreed to co-operate in developing and 
implementing common safety regulatory standards and procedures.) Under 
this regulation, the JAA stated that all members of the ECAC that hold 
type certificates for transport category airplanes are required to 
conduct a design review against explosion risks.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    Airbus has issued the following service bulletins. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
     Airbus Mandatory Service Bulletin A330-33-3041, Revision 
01, dated July 10, 2012.
     Airbus Mandatory Service Bulletin A330-36-3040, Revision 
01, dated November 26, 2012.
     Airbus Mandatory Service Bulletin A340-33-4026, Revision 
01, dated July 10, 2012.
     Airbus Mandatory Service Bulletin A340-33-5006, dated 
January 3, 2012.
     Airbus Mandatory Service Bulletin A340-36-4035, dated 
September 18, 2012.
     Airbus Mandatory Service Bulletin A340-53-5031, Revision 
02, dated August 3, 2011.
     Airbus Service Bulletin A330-36-3037, Revision 01, dated 
January 24, 2013.
     Airbus Service Bulletin A330-36-3038, dated January 16, 
2012.
     Airbus Service Bulletin A340-36-4033, Revision 01, dated 
January 28, 2013.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 43 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Cost per
           Action                  Labor cost          Parts cost        product        Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Installation................  Up to 21 work-hours   Up to $5,219...  Up to $7,004...  Up to $301,172.
                               x $85 per hour =
                               $1,785.
----------------------------------------------------------------------------------------------------------------

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 46308]]

    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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:

Airbus: Docket No. FAA-2013-0632; Directorate Identifier 2013-NM-
045-AD.

(a) Comments Due Date

    We must receive comments by September 16, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any 
category, specified in paragraphs (c)(1) and (c)(2) of this AD, all 
manufacturer serial numbers.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, 
and -642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection; 33, Lights; 36, Pneumatic; 53, Fuselage.

(e) Reason

    This AD results from fuel system reviews conducted by the 
airplane manufacturer. We are issuing this AD to prevent ignition 
sources inside fuel tanks, which, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of 
the airplane.

(f) Compliance

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

(g) Maintenance Light Removal

    Except airplanes on which Airbus Modification 56739 has been 
incorporated in production: Within 26 months after the effective 
date of this AD, remove the maintenance lights, in accordance with 
the Accomplishment Instructions of the applicable Airbus service 
information specified in paragraphs (g)(1), (g)(2), and (g)(3) of 
this AD.
    (1) Airbus Mandatory Service Bulletin A330-33-3041, Revision 01, 
dated July 10, 2012 (for Model A330 series airplanes).
    (2) Airbus Mandatory Service Bulletin A340-33-4026, Revision 01, 
dated July 10, 2012 (for Model A340-200 and -300 series airplanes).
    (3) Airbus Mandatory Service Bulletin A340-33-5006, dated 
January 3, 2012 (for Model A340-500 and -600 series airplanes).
    Note to paragraph (g) of this AD: For Model A340-500 and -600 
series airplanes, Airbus has issued Airbus Service Bulletin A340-33-
5007 to introduce halogen type lights which are qualified as 
explosion proof and that can be installed (at operators discretion) 
after removal of the non-explosion proof lights required by 
paragraph (g) of this AD.

(h) Insulation Muff Installation

    For Model A330-200 and -300 series airplanes, and Model A340-200 
and -300 series airplanes, except those airplanes on which Airbus 
Modification 52260 has been incorporated in production: Within 26 
months after the effective date of this AD, install insulation muffs 
on connecting auxiliary power unit bleed air duct, in accordance 
with the Accomplishment Instructions of the applicable Airbus 
service information specified in paragraphs (h)(1), (h)(2), and 
(h)(3) of this AD.
    (1) Airbus Service Bulletin A330-36-3038, dated January 16, 
2012, for Model A330 series airplanes on which Airbus Service 
Bulletin A330-36-3032 has been incorporated.
    (2) Airbus Mandatory Service Bulletin A330-36-3040, Revision 01, 
dated November 26, 2012, for Model A330 series airplanes on which 
Airbus Service Bulletin A330-36-3032 has not been incorporated.
    (3) Airbus Mandatory Service Bulletin A340-36-4035, dated 
September 18, 2012, for Model A340 series airplanes.

(i) Alternative Action to Paragraph (h) of This AD

    For Model A330 series airplanes on which Airbus service 
information A330-36-3032 is not incorporated, and for Model A340 
series airplanes: Doing the bleed leak detection loop modification 
of the auxiliary power unit (APU), in accordance with the 
Accomplishment Instructions of the applicable Airbus Service 
Bulletin specified in paragraphs (i)(1) and (i)(2) of this AD, is an 
acceptable alternative to the actions required by paragraph (h) of 
this AD, provided the modification is accomplished within 26 months 
after the effective date of this AD.
    (1) Airbus Service Bulletin A330-36-3037, Revision 01, dated 
January 24, 2013.
    (2) Airbus Service Bulletin A340-36-4033, Revision 01, dated 
January 28, 2013.

(j) Drain Mast Installation

    For Model A340-500 and -600 series airplanes, except those on 
which Airbus Modification 54636 or 54637 has been incorporated in 
production: Within 26 months after the effective date of this AD, 
install a drain mast between frame (FR) 80 and FR 83, in accordance 
with the Accomplishment Instructions of Airbus Mandatory Service 
Bulletin A340-53-5031, Revision 02, dated August 3, 2011.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Mandatory Service Bulletin 
A330-33-3041, dated January 3, 2012; or Airbus Mandatory Service 
Bulletin A340-33-4026, dated January 3, 2012; as applicable; which 
are not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Mandatory Service Bulletin 
A330-36-3040, dated September 18, 2012, which is not incorporated by 
reference in this AD.
    (3) This paragraph provides credit for actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A330-36-
3037, dated September 23, 2011; or Airbus Service Bulletin A340-36-
4033, dated September 23, 2011; as applicable; which are not 
incorporated by reference in this AD.
    (4) This paragraph provides credit for actions required by 
paragraph (j) of this AD, if those actions were performed before the 
effective date of this AD using Airbus Service Bulletin A340-53-
5031, dated July 31, 2006; or Airbus Service Bulletin A340-53-5031, 
Revision 01, dated January 10, 2008; as applicable; which are not 
incorporated by reference in this AD.

(l) 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: Vladimir 
Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate

[[Page 46309]]

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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Directive (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2013-0033, 
dated February 19, 2013, for related information.
    (2) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80; email airworthiness.A330-A340@airbus.com; 
Internet https://www.airbus.com. You may review copies of the 
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.

    Issued in Renton, Washington, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18391 Filed 7-30-13; 8:45 am]
BILLING CODE 4910-13-P
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