[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Proposed Rules]
[Pages 1470-1472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-26834; Directorate Identifier 2006-NM-235-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (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) issued 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 incomplete discharge of the extinguishing agent in the 
fire zone, which could lead, in the worst case, in combination with an 
engine fire, to a temporary uncontrolled engine fire. 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 February 12, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; 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 (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2007-
26834; Directorate Identifier 2006-NM-235-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 http://dms.dot.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 aviation 
authority for the European Union, has issued EASA Airworthiness 
Directive 2006-0297, dated September 29, 2006 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states that one Model A330 operator discovered that 
the line connection to the discharge head could not be properly secured 
during engine fire bottle replacement, due to a missing retaining-ring. 
Inspections revealed that all four discharge-heads line connectors, two 
per engine, were missing the retaining-ring. It was confirmed later 
that it was a quality issue.
    The function of the retaining-ring is to secure a tight connection 
between the fire-extinguishing line and the discharge head. In absence 
of the retaining-ring, in case of activation of the fire extinguishing 
system, the pressure exerted by the agent on the pipe could compromise 
the tightness of the connection, leading to an incomplete discharge of 
the extinguishing agent in the fire zone.
    This situation, if not corrected,could lead, in the worst case, in 
combination with an engine fire, to a temporary uncontrolled engine 
fire which constitutes an unsafe condition.
    The MCAI requires a one-time detailed visual inspection for the 
presence of the retaining-ring on the discharge head assembly of the 
engine fire extinguishing system, and repair if necessary. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A330-26A3037, dated July 26, 
2006. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

[[Page 1471]]

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 this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information provided by the State of Design Authority 
and determined the 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 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 27 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $0 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $8,640, or $320 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, 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-2007-26834; Directorate Identifier 2006-NM-
235-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330 airplanes, all 
certified models, certificated in any category, all serial numbers 
up to 755 included.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that one Model A330 operator discovered that the line 
connection to the discharge head could not be properly secured 
during engine fire bottle replacement, due to a missing retaining-
ring. Inspections revealed that all four discharge-heads line 
connectors, two per engine, were missing the retaining-ring. It was 
confirmed later that it was a quality issue. The function of the 
retaining-ring is to secure a tight connection between the fire-
extinguishing line and the discharge head. In absence of the 
retaining-ring, in case of activation of the fire extinguishing 
system, the pressure exerted by the agent on the pipe could 
compromise the tightness of the connection, leading to an incomplete 
discharge of the extinguishing agent in the fire zone. This 
situation if not corrected could lead, in the worst case, in 
combination with an engine fire, to a temporary uncontrolled engine 
fire which constitutes an unsafe condition. The MCAI requires a one-
time detailed visual inspection for the presence of the retaining-
ring on the discharge head assembly of engine fire extinguishing 
system, and repair if necessary.

Actions and Compliance

    (e) Unless already done, do the following actions. Within 900 
flight hours from the effective date of this AD: On both engine 
pylons (left hand and right hand), for all four engine fire 
extinguisher bottles, two per engine pylon, perform a one-time 
detailed visual inspection for the presence of the retaining ring on 
the discharge head of the bottles and apply all applicable 
corrective actions, in accordance with instructions defined in 
Airbus Service Bulletin A330-26A3037, dated July 26, 2006. Do all 
applicable corrective actions before further flight. Aircraft on 
which the four engine fire extinguishing bottles, 2 per engine 
pylon, have been removed and re-installed at the opportunity of 
hydrostatic test of engine fire extinguishing as per Maintenance 
Review Board Report (MRBR) task 26.21.00/04, are not concerned by 
this Airworthiness Directive (AD).

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
Attn: Todd Thompson, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356, has the authority to approve AMOCs 
for this AD, if

[[Page 1472]]

requested using the procedures found in 14 CFR 39.19. Before using 
any AMOC approved in accordance with Sec.  39.19 on any airplane to 
which the AMOC applies, notify the appropriate principal inspector 
in the FAA Flight Standards Certificate Holding 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

    (g) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2006-0297, dated September 29, 2006, and Airbus Service 
Bulletin A330-26A3037, dated July 26, 2006, for related information.

    Issued in Renton, Washington, on December 28, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-314 Filed 1-11-07; 8:45 am]
BILLING CODE 4910-13-P