Airworthiness Directives; Airbus Airplanes, 734-737 [2016-31366]
Download as PDF
734
Proposed Rules
Federal Register
Vol. 82, No. 2
Wednesday, January 4, 2017
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9524; Directorate
Identifier 2016–NM–049–AD]
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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 view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; Airbus
Airplanes
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9524; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone: 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
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:
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–16–
19, for all Airbus Model A330–200
Freighter, –200, and –300 series
airplanes. AD 2014–16–19 currently
requires revision of the maintenance or
inspection program to include certain
fuel airworthiness limitations. Since we
issued AD 2014–16–19, Airbus has
issued more restrictive fuel
airworthiness limitations. This
proposed AD would require revision of
the maintenance or inspection program,
as applicable, to include new fuel
airworthiness limitations. The proposed
AD also removes certain airplanes from
the applicability of AD 2014–16–19. We
are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by February 21, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
mstockstill on DSK3G9T082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:07 Jan 03, 2017
Jkt 241001
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–2016–9524; Directorate Identifier
2016–NM–049–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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On August 4, 2014, we issued AD
2014–16–19, Amendment 39–17943 (79
FR 49449, August 21, 2014) (‘‘AD 2014–
16–19’’). AD 2014–16–19 requires
actions intended to correct an unsafe
condition for all Airbus Model A330–
200 Freighter, –200, and –300 series
airplanes.
Since we issued AD 2014–16–19,
Airbus has issued more restrictive fuel
airworthiness limitations.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0065,
dated April 5, 2016 (referred to after this
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Airbus Model A330–200
Freighter series airplanes, Model A330–
200 series airplanes, Model A330–300
series airplanes; and Model A340–200
series airplanes, Model A340–300 series
airplanes, Model A340–500 series
airplanes, and Model A340–600 series
airplanes. The MCAI states:
Prompted by an accident * * *, the
Federal Aviation Authority (FAA) published
Special Federal Aviation Regulation (SFAR)
88, and the Joint Aviation Authorities (JAA)
published Interim Policy INT/POL/25/12. A
design review was conducted by Airbus to
develop Fuel Airworthiness Limitations
(FAL) for Airbus A330 and A340 aeroplanes
in response to these regulations.
The FAL, which are approved by EASA,
are defined and published in Airbus A330
and A340 Airworthiness Limitations Section
(ALS) documents known as Part 5. Failure to
comply with these instructions could result
in a fuel tank explosion and consequent loss
of the aeroplane.
EASA issued AD 2012–0168 [which
corresponds with FAA AD 2014–16–19 for
Model A330 airplanes, and FAA AD 2013–
26–03, Amendment 39–17712 (78 FR 79292,
December 30, 2013) for Model A340
airplanes] to require compliance with the
FAL as specified in the A330 and A340 ALS
Part 5 Revision 00.
Since that [EASA] AD was issued, Airbus
issued Revision 01 of both ALS Parts 5 for
Airbus A330 and A340 to introduce more
restrictive maintenance requirements and/or
airworthiness limitations.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2012–0168, which is superseded, and
requires accomplishment of the actions
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
specified in Airbus A330 ALS Part 5 Revision
01, A340 ALS Part 5 Revision 01, as
applicable (hereafter collectively referred to
as ‘the ALS’ in this AD).
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9524.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections) and critical
design configuration control limitations
(CDCCLs). Compliance with these
actions and CDCCLs is required by 14
CFR 91.403(c). For airplanes that have
been previously modified, altered, or
repaired in the areas addressed by this
proposed AD, the operator may not be
able to accomplish the actions described
in the revisions. In this situation, to
comply with 14 CFR 91.403(c), the
operator must request approval for an
alternative method of compliance
according to paragraph (l)(1) of this
proposed AD. The request should
include a description of changes to the
required actions that will ensure the
continued damage tolerance of the
affected structure.
mstockstill on DSK3G9T082PROD with PROPOSALS
Related Service Information Under 1
CFR Part 51
Airbus has issued Airbus A330
Airworthiness Limitations Section
(ALS) Part 5—Fuel Airworthiness
Limitations (FAL), Revision 01, dated
October 28, 2015. The airworthiness
limitations introduce more restrictive
fuel airworthiness limitations. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of these same
type designs.
Differences Between This Proposed AD
and the MCAI or Service Information
This proposed AD does not include
the Airbus Model A340 airplanes that
are specified in the MCAI. We have
VerDate Sep<11>2014
18:07 Jan 03, 2017
Jkt 241001
added the MCAI to the required
airworthiness actions list (RAAL) for the
Model A340 airplanes.
The MCAI specifies that if there are
findings from the ALS inspection tasks,
corrective actions must be accomplished
in accordance with Airbus maintenance
documentation. However, this proposed
AD does not include that requirement.
Operators of U.S.-registered airplanes
are required by general airworthiness
and operational regulations to perform
maintenance using methods that are
acceptable to the FAA. We consider
those methods to be adequate to address
any corrective actions necessitated by
the findings of ALS inspections required
by this proposed AD.
Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an ALS
revision into an operator’s maintenance
or inspection program.
Typically, when these types of ADs
are issued by civil aviation authorities
of other countries, they apply to all
airplanes covered under an identified
type certificate (TC). The corresponding
FAA AD typically retains applicability
to all of those airplanes.
In addition, U.S. operators must
operate their airplanes in an airworthy
condition, in accordance with 14 CFR
91.7(a). Included in this obligation is the
requirement to perform any
maintenance or inspections specified in
the ALS, and in accordance with the
ALS as specified in 14 CFR 43.16 and
91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for
a type design, the specific ALS,
including revisions, is a part of that type
design, as specified in 14 CFR 21.31(c).
The sum effect of these operational
and maintenance requirements is an
obligation to comply with the ALS
defined in the type design referenced in
the manufacturer’s conformity
statement. This obligation may
introduce a conflict with an AD that
requires a specific ALS revision if new
airplanes are delivered with a later
revision as part of their type design.
To address this conflict, the FAA has
approved alternative methods of
compliance (AMOCs) that allow
operators to incorporate the most recent
ALS revision into their maintenance/
inspection programs, in lieu of the ALS
revision required by the AD. This
eliminates the conflict and enables the
operator to comply with both the AD
and the type design.
However, compliance with AMOCs is
normally optional, and we recently
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
735
became aware that some operators
choose to retain the AD-mandated ALS
revision in their fleet-wide
maintenance/inspection programs,
including those for new airplanes
delivered with later ALS revisions, to
help standardize the maintenance of the
fleet. To ensure that operators comply
with the applicable ALS revision for
newly delivered airplanes containing a
later revision than that specified in an
AD, we plan to limit the applicability of
ADs that mandate ALS revisions to
those airplanes that are subject to an
earlier revision of the ALS, either as part
of the type design or as mandated by an
earlier AD.
This proposed AD therefore would
apply to Model A330 series airplanes
with an original certificate of
airworthiness or original export
certificate of airworthiness that was
issued on or before the date of approval
of the ALS revision identified in this
proposed AD. Operators of airplanes
with an original certificate of
airworthiness or original export
certificate of airworthiness issued after
that date must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet.
Costs of Compliance
We estimate that this proposed AD
affects 104 airplanes of U.S. registry.
The actions required by AD 2014–16–
19, and retained in this proposed AD
take about 1 work-hour per product, at
an average labor rate of $85 per workhour. Based on these figures, the
estimated cost of the actions that are
required by AD 2014–16–19 is $85 per
product.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Based on
these figures, we estimate the cost of
this proposed AD on U.S. operators to
be $8,840, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
E:\FR\FM\04JAP1.SGM
04JAP1
736
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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
removing Airworthiness Directive (AD)
2014–16–19, Amendment 39–17943 (79
FR 49449, August 21, 2014), and adding
the following new AD:
mstockstill on DSK3G9T082PROD with PROPOSALS
■
Airbus: Docket No. FAA–2016–9524;
Directorate Identifier 2016–NM–049–AD.
(a) Comments Due Date
We must receive comments by February
21, 2017.
(b) Affected ADs
This AD replaces AD 2014–16–19,
Amendment 39–17943 (79 FR 49449, August
21, 2014) (‘‘AD 2014–16–19’’).
VerDate Sep<11>2014
18:07 Jan 03, 2017
Jkt 241001
(c) Applicability
This AD applies to the Airbus airplanes
identified in paragraphs (c)(1) through (c)(3)
of this AD, certificated in any category, with
an original certificate of airworthiness or
original export certificate of airworthiness
issued on or before October 28, 2015.
(1) Airbus Model A330–223F and –243F
airplanes.
(2) Airbus Model A330–201, –202, –203,
–223, and –243 airplanes.
(3) Airbus Model A330–301, –302, –303,
–321, –322, –323, –341, –342, and –343
airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by the issuance of
more restrictive fuel airworthiness
limitations. We are issuing this AD to prevent
the potential of ignition sources inside fuel
tanks, which, in combination with flammable
fuel vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Maintenance Program Revision
and Airworthiness Limitations Compliance,
With No Changes
This paragraph restates the requirements of
paragraph (g) of AD 2014–16–19, with no
changes.
(1) Within 3 months after September 25,
2014 (the effective date of AD 2014–16–19),
revise the maintenance or inspection
program, as applicable, by incorporating
Airbus A330 Airworthiness Limitations
Section (ALS) Part 5—Fuel Airworthiness
Limitations (FAL), dated November 16, 2011.
(2) Comply with all applicable instructions
and airworthiness limitations included in
Airbus A330 ALS Part 5—FAL, dated
November 16, 2011. The initial compliance
times for the actions specified in Airbus
A330 ALS Part 5—FAL, dated November 16,
2011, are at the later of the times specified
in paragraphs (g)(2)(i) and (g)(2)(ii) of this
AD, except as required by paragraphs (h) and
(i) of this AD.
(i) Within the applicable compliance times
specified in Airbus A330 ALS Part 5—FAL,
dated November 16, 2011.
(ii) Within 3 months after accomplishing
the actions required by paragraph (g)(1) of
this AD.
(h) Retained Exceptions to Compliance
Times for Design Changes, With No Changes
This paragraph restates the exceptions
specified in paragraph (h) of AD 2014–16–19,
with no changes.
(1) For type design changes specified in
‘‘Sub-part 5–2 Changes to Type Design,’’ of
Airbus A330 ALS Part 5—FAL, dated
November 16, 2011, the compliance times are
defined as ‘‘Embodiment Limits,’’ except as
defined in paragraph (h)(2) of this AD.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
(2) Where Airbus A330 ALS Part 5—FAL,
dated November 16, 2011, specifies a
compliance time based on a calendar date for
modifying the control circuit for the fuel
pump of the center fuel tank (installing
ground fault interrupters to the center tank
fuel pump control circuit), the compliance
date is September 18, 2016 (48 months after
the effective date of AD 2012–16–05,
Amendment 39–17152 (77 FR 48425, August
14, 2012)).
(i) Retained No Alternative Actions,
Intervals, or Critical Design Configuration
Control Limitations (CDCCLs), With Added
Exception
This paragraph restates the requirements of
paragraph (i) of AD 2014–16–19, with an
added exception. Except as required by
paragraph (j) of this AD: After accomplishing
the revision required by paragraph (g)(1) of
this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be
used; except as specified in paragraph (h) of
this AD; or unless the actions, intervals, or
CDCCLs are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(1) of this AD.
(j) New Requirement of This AD: Revise the
Maintenance or Inspection Program
Within 3 months after the effective date of
this AD, revise the maintenance or inspection
program, as applicable, to incorporate Airbus
A330 ALS Part 5—FAL, Revision 01, dated
October 28, 2015. The compliance times for
accomplishing the initial tasks specified in
Airbus A330 ALS Part 5—FAL, Revision 01,
dated October 28, 2015, are at the times
specified in Airbus A330 ALS Part 5—FAL,
Revision 01, dated October 28, 2015, or
within 3 months after revising the
maintenance or inspection program as
required by paragraph (j) of this AD,
whichever occurs later. Accomplishing the
revision required by this paragraph
terminates the actions required by paragraph
(g) of this AD.
(k) New Requirement of This AD: No
Alternative Actions, Intervals, or CDCCLs
After accomplishing the revision required
by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions,
intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (l)(1) of 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
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone: 425–227–1138; fax: 425–227–
1149. Information may be emailed to: 9ANM-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.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2016–0065, dated April 5, 2016, for related
information. This MCAI may be found in the
AD docket on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2016–9524.
(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
view this service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on
December 16, 2016.
Ross Landes,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–31366 Filed 1–3–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2016–9522; Directorate
Identifier 2016–NM–144–AD]
RIN 2120–AA64
mstockstill on DSK3G9T082PROD with PROPOSALS
Airworthiness Directives; Gulfstream
Aerospace Corporation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2009–17–
01, which applies to certain Gulfstream
Model G–IV, GIV–X, GV–SP airplanes
SUMMARY:
18:07 Jan 03, 2017
We must receive comments on
this proposed AD by February 21, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Gulfstream
Aerospace Corporation, Technical
Publications Dept., P.O. Box 2206,
Savannah, GA 31402–2206; telephone
800–810–4853; fax 912–965–3520; email
pubs@gulfstream.com; Internet https://
www.gulfstream.com/product_support/
technical_pubs/pubs/index.htm. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
DATES:
Examining the AD Docket
14 CFR Part 39
VerDate Sep<11>2014
and Model GV airplanes. AD 2009–17–
01 currently requires, an inspection for
sealant applied to the exterior of the
auxiliary power unit (APU) enclosure
(firewall), and a revision of the airplane
flight manual (AFM), as applicable.
Since we issued AD 2009–17–01, we
received a report indicating that the
type design sealant applied to the APU
enclosure is flammable and failed
certain tests. This proposed AD would
require revising the AFM, and revising
the applicability to include additional
airplanes. We are proposing this AD to
address the unsafe condition on these
products.
Jkt 241001
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9522; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
737
Ky
Phan, Aerospace Engineer, Propulsion
and Services Branch, ACE–118A, FAA,
Atlanta Aircraft Certification Office
(ACO) 1701 Columbia Avenue, College
Park, GA 30337; phone: 404–474–5536;
fax: 404–474–5606; email: ky.phan@
faa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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–2016–9522; Directorate Identifier
2016–NM–144–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 because of 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
On July 31, 2009, we issued AD 2009–
17–01, Amendment 39–15991 (74 FR
40061, August 11, 2009) (‘‘AD 2009–17–
01’’), for certain Gulfstream Model G–
IV, GIV–X, GV–SP airplanes, and Model
GV airplanes. AD 2009–17–01 requires,
for certain airplanes, a one-time
inspection for sealant applied to the
exterior of the APU enclosure, and for
airplanes with the subject sealant and
certain other airplanes, a revision of the
AFM to prohibit operation of the APU
during certain ground and flight
operations. AD 2009–17–01 resulted
from notification by the airplane
manufacturer that an improper,
flammable sealant was used on the
interior and exterior of the APU
enclosure. We issued AD 2009–17–01 to
prevent this flammable sealant from
igniting the exterior surfaces of the APU
enclosure under certain anomalous
conditions, such as an APU failure/APU
compartment fire, which could result in
propagation of an uncontained fire to
other critical areas of the airplane.
Actions Since AD 2009–17–01 Was
Issued
Since we issued AD 2009–17–01, the
manufacturer has notified us that the
type design sealant (AMS 3374) applied
to the APU enclosure is flammable and
failed a certification test and a company
E:\FR\FM\04JAP1.SGM
04JAP1
Agencies
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 734-737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31366]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 /
Proposed Rules
[[Page 734]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-049-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-16-
19, for all Airbus Model A330-200 Freighter, -200, and -300 series
airplanes. AD 2014-16-19 currently requires revision of the maintenance
or inspection program to include certain fuel airworthiness
limitations. Since we issued AD 2014-16-19, Airbus has issued more
restrictive fuel airworthiness limitations. This proposed AD would
require revision of the maintenance or inspection program, as
applicable, to include new fuel airworthiness limitations. The proposed
AD also removes certain airplanes from the applicability of AD 2014-16-
19. We are proposing this AD to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by February 21,
2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9524; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: 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-2016-9524;
Directorate Identifier 2016-NM-049-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
On August 4, 2014, we issued AD 2014-16-19, Amendment 39-17943 (79
FR 49449, August 21, 2014) (``AD 2014-16-19''). AD 2014-16-19 requires
actions intended to correct an unsafe condition for all Airbus Model
A330-200 Freighter, -200, and -300 series airplanes.
Since we issued AD 2014-16-19, Airbus has issued more restrictive
fuel airworthiness limitations.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0065, dated April 5, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Airbus Model A330-200 Freighter series
airplanes, Model A330-200 series airplanes, Model A330-300 series
airplanes; and Model A340-200 series airplanes, Model A340-300 series
airplanes, Model A340-500 series airplanes, and Model A340-600 series
airplanes. The MCAI states:
Prompted by an accident * * *, the Federal Aviation Authority
(FAA) published Special Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA) published Interim Policy INT/
POL/25/12. A design review was conducted by Airbus to develop Fuel
Airworthiness Limitations (FAL) for Airbus A330 and A340 aeroplanes
in response to these regulations.
The FAL, which are approved by EASA, are defined and published
in Airbus A330 and A340 Airworthiness Limitations Section (ALS)
documents known as Part 5. Failure to comply with these instructions
could result in a fuel tank explosion and consequent loss of the
aeroplane.
EASA issued AD 2012-0168 [which corresponds with FAA AD 2014-16-
19 for Model A330 airplanes, and FAA AD 2013-26-03, Amendment 39-
17712 (78 FR 79292, December 30, 2013) for Model A340 airplanes] to
require compliance with the FAL as specified in the A330 and A340
ALS Part 5 Revision 00.
Since that [EASA] AD was issued, Airbus issued Revision 01 of
both ALS Parts 5 for Airbus A330 and A340 to introduce more
restrictive maintenance requirements and/or airworthiness
limitations.
For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2012-0168, which is superseded, and requires
accomplishment of the actions
[[Page 735]]
specified in Airbus A330 ALS Part 5 Revision 01, A340 ALS Part 5
Revision 01, as applicable (hereafter collectively referred to as
`the ALS' in this AD).
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9524.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
critical design configuration control limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(l)(1) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued damage
tolerance of the affected structure.
Related Service Information Under 1 CFR Part 51
Airbus has issued Airbus A330 Airworthiness Limitations Section
(ALS) Part 5--Fuel Airworthiness Limitations (FAL), Revision 01, dated
October 28, 2015. The airworthiness limitations introduce more
restrictive fuel airworthiness limitations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Differences Between This Proposed AD and the MCAI or Service
Information
This proposed AD does not include the Airbus Model A340 airplanes
that are specified in the MCAI. We have added the MCAI to the required
airworthiness actions list (RAAL) for the Model A340 airplanes.
The MCAI specifies that if there are findings from the ALS
inspection tasks, corrective actions must be accomplished in accordance
with Airbus maintenance documentation. However, this proposed AD does
not include that requirement. Operators of U.S.-registered airplanes
are required by general airworthiness and operational regulations to
perform maintenance using methods that are acceptable to the FAA. We
consider those methods to be adequate to address any corrective actions
necessitated by the findings of ALS inspections required by this
proposed AD.
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an ALS revision into
an operator's maintenance or inspection program.
Typically, when these types of ADs are issued by civil aviation
authorities of other countries, they apply to all airplanes covered
under an identified type certificate (TC). The corresponding FAA AD
typically retains applicability to all of those airplanes.
In addition, U.S. operators must operate their airplanes in an
airworthy condition, in accordance with 14 CFR 91.7(a). Included in
this obligation is the requirement to perform any maintenance or
inspections specified in the ALS, and in accordance with the ALS as
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been
approved by the FAA.
When a type certificate is issued for a type design, the specific
ALS, including revisions, is a part of that type design, as specified
in 14 CFR 21.31(c).
The sum effect of these operational and maintenance requirements is
an obligation to comply with the ALS defined in the type design
referenced in the manufacturer's conformity statement. This obligation
may introduce a conflict with an AD that requires a specific ALS
revision if new airplanes are delivered with a later revision as part
of their type design.
To address this conflict, the FAA has approved alternative methods
of compliance (AMOCs) that allow operators to incorporate the most
recent ALS revision into their maintenance/inspection programs, in lieu
of the ALS revision required by the AD. This eliminates the conflict
and enables the operator to comply with both the AD and the type
design.
However, compliance with AMOCs is normally optional, and we
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection
programs, including those for new airplanes delivered with later ALS
revisions, to help standardize the maintenance of the fleet. To ensure
that operators comply with the applicable ALS revision for newly
delivered airplanes containing a later revision than that specified in
an AD, we plan to limit the applicability of ADs that mandate ALS
revisions to those airplanes that are subject to an earlier revision of
the ALS, either as part of the type design or as mandated by an earlier
AD.
This proposed AD therefore would apply to Model A330 series
airplanes with an original certificate of airworthiness or original
export certificate of airworthiness that was issued on or before the
date of approval of the ALS revision identified in this proposed AD.
Operators of airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued after that date
must comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet.
Costs of Compliance
We estimate that this proposed AD affects 104 airplanes of U.S.
registry.
The actions required by AD 2014-16-19, and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work-hour. Based on these figures, the estimated cost
of the actions that are required by AD 2014-16-19 is $85 per product.
We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $8,840, or $85 per
product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in
[[Page 736]]
air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2014-16-19, Amendment 39-17943 (79 FR 49449, August 21, 2014), and
adding the following new AD:
Airbus: Docket No. FAA-2016-9524; Directorate Identifier 2016-NM-
049-AD.
(a) Comments Due Date
We must receive comments by February 21, 2017.
(b) Affected ADs
This AD replaces AD 2014-16-19, Amendment 39-17943 (79 FR 49449,
August 21, 2014) (``AD 2014-16-19'').
(c) Applicability
This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(3) of this AD, certificated in any category, with
an original certificate of airworthiness or original export
certificate of airworthiness issued on or before October 28, 2015.
(1) Airbus Model A330-223F and -243F airplanes.
(2) Airbus Model A330-201, -202, -203, -223, and -243 airplanes.
(3) Airbus Model A330-301, -302, -303, -321, -322, -323, -341, -
342, and -343 airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by the issuance of more restrictive fuel
airworthiness limitations. We are issuing this AD to prevent the
potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance Program Revision and Airworthiness
Limitations Compliance, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2014-16-19, with no changes.
(1) Within 3 months after September 25, 2014 (the effective date
of AD 2014-16-19), revise the maintenance or inspection program, as
applicable, by incorporating Airbus A330 Airworthiness Limitations
Section (ALS) Part 5--Fuel Airworthiness Limitations (FAL), dated
November 16, 2011.
(2) Comply with all applicable instructions and airworthiness
limitations included in Airbus A330 ALS Part 5--FAL, dated November
16, 2011. The initial compliance times for the actions specified in
Airbus A330 ALS Part 5--FAL, dated November 16, 2011, are at the
later of the times specified in paragraphs (g)(2)(i) and (g)(2)(ii)
of this AD, except as required by paragraphs (h) and (i) of this AD.
(i) Within the applicable compliance times specified in Airbus
A330 ALS Part 5--FAL, dated November 16, 2011.
(ii) Within 3 months after accomplishing the actions required by
paragraph (g)(1) of this AD.
(h) Retained Exceptions to Compliance Times for Design Changes, With
No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2014-16-19, with no changes.
(1) For type design changes specified in ``Sub-part 5-2 Changes
to Type Design,'' of Airbus A330 ALS Part 5--FAL, dated November 16,
2011, the compliance times are defined as ``Embodiment Limits,''
except as defined in paragraph (h)(2) of this AD.
(2) Where Airbus A330 ALS Part 5--FAL, dated November 16, 2011,
specifies a compliance time based on a calendar date for modifying
the control circuit for the fuel pump of the center fuel tank
(installing ground fault interrupters to the center tank fuel pump
control circuit), the compliance date is September 18, 2016 (48
months after the effective date of AD 2012-16-05, Amendment 39-17152
(77 FR 48425, August 14, 2012)).
(i) Retained No Alternative Actions, Intervals, or Critical Design
Configuration Control Limitations (CDCCLs), With Added Exception
This paragraph restates the requirements of paragraph (i) of AD
2014-16-19, with an added exception. Except as required by paragraph
(j) of this AD: After accomplishing the revision required by
paragraph (g)(1) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used; except as specified
in paragraph (h) of this AD; or unless the actions, intervals, or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (l)(1) of this
AD.
(j) New Requirement of This AD: Revise the Maintenance or Inspection
Program
Within 3 months after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate
Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015.
The compliance times for accomplishing the initial tasks specified
in Airbus A330 ALS Part 5--FAL, Revision 01, dated October 28, 2015,
are at the times specified in Airbus A330 ALS Part 5--FAL, Revision
01, dated October 28, 2015, or within 3 months after revising the
maintenance or inspection program as required by paragraph (j) of
this AD, whichever occurs later. Accomplishing the revision required
by this paragraph terminates the actions required by paragraph (g)
of this AD.
(k) New Requirement of This AD: No Alternative Actions, Intervals, or
CDCCLs
After accomplishing the revision required by paragraph (j) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (l)(1) of 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
[[Page 737]]
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 principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0065, dated April 5, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9524.
(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 view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on December 16, 2016.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-31366 Filed 1-3-17; 8:45 am]
BILLING CODE 4910-13-P