[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Proposed Rules]
[Pages 19464-19466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9713]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0381; Directorate Identifier 2009-NM-008-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes and A340-200 and -300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: An A340 operator has reported an uncommanded engine
N[deg]4 shut down during taxi after landing. The root cause of this
event has been identified as failure of the fuel pump Non Return Valve
(NRV) preventing the collector cell jet pump from working. This led to
engine N[deg]4 collector cell fuel level to drop below the pump inlet
and consequently causing engine N[deg]4 flame out. Multiple NRV
failures in combination with failure modes trapping fuel could
potentially increase the quantity of unusable fuel on aircraft possibly
leading to fuel starvation which could result in engine in-flight shut
down and would constitute an unsafe condition. The proposed AD would
require actions that are intended to address the unsafe condition
described in the MCAI.
DATES: We must receive comments on this proposed AD by May 29, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; fax +33 5 61 93 45 80, e-mail
[email protected]; Internet http://www.airbus.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 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
[[Page 19465]]
this proposed AD. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA-2009-0381; Directorate
Identifier 2009-NM-008-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0209, dated November 27, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
An A340 operator has reported an uncommanded engine N[deg]4 shut
down during taxi after landing.
The root cause of this event has been identified as failure of
the fuel pump Non Return Valve (NRV) preventing the collector cell
jet pump from working. This led to engine N[deg]4 collector cell
fuel level to drop below the pump inlet and consequently causing
engine N[deg]4 flame out.
A330 aircraft which have a similar design are also impacted by
this issue.
Multiple NRV failures in combination with failure modes trapping
fuel could potentially increase the quantity of unusable fuel on
aircraft possibly leading to fuel starvation which could result in
engine in-flight shut down and would constitute an unsafe condition.
To prevent such an event, this Airworthiness Directive (AD)
requires a periodic operational test to check the correct operation
of NRV and to apply the associated corrective actions.
The corrective action includes replacing any failed NRV with a new
NRV. You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletins A330-28-3108 and
A340-28-4123, both including Appendix 1, both dated October 13, 2008.
The actions described in the service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 50 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $20,000, or $400 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Airbus: Docket No. FAA-2009-0381; Directorate Identifier 2009-NM-
008-AD.
Comments Due Date
(a) We must receive comments by May 29, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1) and (c)(2) of the AD, certificated in any category.
(1) Airbus Model A330-200 and A330-300 series airplanes, all
serial numbers.
[[Page 19466]]
(2) Airbus Model A340-200 and A340-300 series airplanes, all
serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An A340 operator has reported an uncommanded engine N[deg]4 shut
down during taxi after landing.
The root cause of this event has been identified as failure of
the fuel pump Non-Return Valve (NRV) preventing the collector cell
jet pump from working. This led to engine N[deg]4 collector cell
fuel level to drop below the pump inlet and consequently causing
engine N[deg]4 flame out.
A330 aircraft which have a similar design are also impacted by
this issue.
Multiple NRV failures in combination with failure modes trapping
fuel could potentially increase the quantity of unusable fuel on
aircraft possibly leading to fuel starvation which could result in
engine in-flight shut down and would constitute an unsafe condition.
To prevent such an event, this Airworthiness Directive (AD)
requires a periodic operational test to check the correct operation
of NRV and to apply the associated corrective actions.
The corrective action includes replacing any failed NRV with a
new NRV.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For Model A330 series airplanes: At the later of the times
in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, perform an
operational test for correct functioning of the NRV and apply all
applicable corrective actions, in accordance with instructions
defined in Airbus Mandatory Service Bulletin A330-28-3108, including
Appendix 1, dated October 13, 2008. Do all applicable corrective
actions before further flight.
(i) Within 24 months or 8,000 flight hours after the effective
date of this AD, whichever occurs first.
(ii) Before the accumulation of 10,000 flight hours after the
first flight of the airplane.
(2) For Model A340-200 and -300 series airplanes: At the later
of the times in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD,
perform an operational test for correct functioning of the NRV and
apply all applicable corrective actions in accordance with
instructions defined in Airbus Mandatory Service Bulletin A340-28-
4123, including Appendix 1, dated October 13, 2008. Do all
applicable corrective actions before further flight.
(i) Within 24 months or 9,000 flight hours after the effective
date of this AD, whichever occurs first.
(ii) Before the accumulation of 25,000 flight hours after the
first flight of the airplane.
(3) Repeat the operational test specified in paragraph (f)(1) or
(f)(2) of this AD at the applicable interval in paragraph (f)(3)(i)
or (f)(3)(ii) of this AD.
(i) For Model A330 airplanes: At intervals not to exceed 10,000
flight hours.
(ii) For Model A340-200 and -300 airplanes: At intervals not to
exceed 25,000 flight hours.
(4) Submit a report of the findings (both positive and negative)
of the inspection required by paragraph (f)(1) or (f)(2) of this AD
to Airbus, at the time specified in paragraph (f)(4)(i) or
(f)(4)(ii) of this AD, as applicable. The report must include the
information specified in Appendix 1 of Airbus Mandatory Service
Bulletins A330-28-3108 and A340-28-4123, both dated October 13,
2008, as applicable. Send the report to Airbus Department SEEE6,
Airbus Customer Services Directorate, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex France, ATTN: SDC32 Technical Data and
Documentation Services; fax: +33 5 61 93 28 06; e-mail:
[email protected].
(i) If the inspection was done after the effective date of this
AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done on or prior to the effective
date of this AD: Submit the report within 30 days after the
effective date of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: No Differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 227-1138; fax (425) 227-1149. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal maintenance inspector (PMI) or the principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0209, dated November 27, 2008; and Airbus Mandatory
Service Bulletins A330-28-3108 and A340-28-4123, both including
Appendix 1, both dated October 13, 2008; for related information.
Issued in Renton, Washington, on April 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-9713 Filed 4-28-09; 8:45 am]
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