[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 31973-31976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28369; Directorate Identifier 2007-NM-076-AD; 
Amendment 39-15088; AD 2007-12-10]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    Two A330 operators have reported uncontained APU (auxiliary 
power unit) generator failures on ground. In both events, a loud 
noise was heard, followed by an APU automatic shutdown.
    Preliminary investigations confirmed an uncontained APU 
Generator failure with subsequent aircraft structural damages to the 
APU compartment and, in one case, to the stabiliser compartment.
    Loose APU generator parts can lead to damage to the APU fire 
wall which might reduce its fire extinguishing capability, possibly 
leading to a temporary uncontrolled fire which constitutes an unsafe 
condition. * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 26, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications, listed in the AD, as of June 26, 
2007.
    We must receive comments on this AD by July 11, 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 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: Tim Backman, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2797; 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 AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 2007-0080-R1, dated April 13, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Two A330 operators have reported uncontained APU (auxiliary 
power unit) generator failures on ground. In both events, a loud 
noise was heard, followed by an APU automatic shutdown.

[[Page 31974]]

    Preliminary investigations confirmed an uncontained APU 
Generator failure with subsequent aircraft structural damages to the 
APU compartment and, in one case, to the stabiliser compartment.
    Loose APU generator parts can lead to damage to the APU fire 
wall which might reduce its fire extinguishing capability, possibly 
leading to a temporary uncontrolled fire which constitutes an unsafe 
condition. Further detailed investigations are ongoing to determine 
the root causes of both events.

The MCAI requires a one-time inspection of the inlet screen for the 
scavenge-oil pump for signs of debris coming from the APU generator in 
order to get a complete fleet status. For airplanes on which any 
metallic debris is found during the inspection, the MCAI requires 
corrective actions in accordance with the relevant service information. 
Those corrective actions include shipping the debris to Airbus, and 
specify dispatching the airplane using one of the following four 
options:

     Replacing the APU generator and checking the APU oil 
system for metallic debris from the APU generator.
     Installing the APU generator substitution kit and checking 
the APU oil system for debris from the APU generator.
     Deactivating the APU generator and checking the APU oil 
system for debris from the APU generator.
     Keeping the APU inoperative.

The corrective actions also specify replacing the inlet screen if found 
damaged during the oil system check. For certain airplanes, the MCAI 
requires performing a check of the differential pressure indicator 
button on the lube filter and the generator scavenge filter.

Relevant Service Information

    Airbus has issued All Operators Telexes (AOTs) A330-24A3042, A340-
24A4056, and A340-24A5020, all Revision 02, all dated April 12, 2007. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
uncontained APU failure can lead to damage to the APU fire wall, which 
might reduce its fire extinguishing capability, possibly leading to an 
uncontrolled fire. Therefore, we determined that notice and opportunity 
for public comment before issuing this AD are impracticable and that 
good cause exists for making this amendment effective in fewer than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-28369; Directorate 
Identifier 2007-NM-076-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    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 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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:


[[Page 31975]]


2007-12-10 Airbus: Amendment 39-15088. Docket No. FAA-2007-28369; 
Directorate Identifier 2007-NM-076-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 26, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330 and A340 airplanes; 
certificated in any category; all certified models, all serial 
numbers; for which the date of issuance of the original French 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness is before March 1, 
2007.

Subject

    (d) Electrical power.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Two A330 operators have reported uncontained APU (auxiliary 
power unit) generator failures on ground. In both events, a loud 
noise was heard, followed by an APU automatic shutdown.
    Preliminary investigations confirmed an uncontained APU 
Generator failure with subsequent aircraft structural damages to the 
APU compartment and, in one case, to the stabiliser compartment.
    Loose APU generator parts can lead to damage to the APU fire 
wall which might reduce its fire extinguishing capability, possibly 
leading to a temporary uncontrolled fire which constitutes an unsafe 
condition. Further detailed investigations are ongoing to determine 
the root causes of both events.

The MCAI requires a one-time inspection of the inlet screen for the 
scavenge-oil pump for signs of debris coming from the APU generator 
in order to get a complete fleet status. For airplanes on which any 
metallic debris is found during the inspection, the MCAI requires 
corrective actions in accordance with the relevant service 
information. Those corrective actions include shipping the debris to 
Airbus, and specify dispatching the airplane using one of the 
following four options: Replacing the APU generator and checking the 
APU oil system for metallic debris from the APU generator; 
installing the APU generator substitution kit and checking the APU 
oil system for debris from the APU generator; deactivating the APU 
generator and checking the APU oil system for debris from the APU 
generator; or keeping the APU inoperative. The corrective actions 
also specify replacing the inlet screen if found damaged during the 
oil system check. For certain airplanes, the MCAI requires 
performing a check of the differential pressure indicator button on 
the lube filter and the generator scavenge filter.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 63 days after the effective date of this AD, in 
accordance with the instructions of Airbus All Operators Telex (AOT) 
A330-24A3042, A340-24A4056, or A340-24A5020, all Revision 02, all 
dated April 12, 2007; as applicable: Inspect the inlet screen (last 
chance filter) for the generator scavenge-oil pump for signs of 
debris and, as applicable, apply all associated corrective actions 
before further flight.
    (2) For Model A330 aircraft operating under MMEL (master minimum 
equipment list) Item 24-22-01 `AC Main Generation' or MMEL Item 36-
11-01 `Bleed Air Supply System Failure': As of the effective date of 
this AD, before each flight, perform a check of the differential 
pressure indicator button on the lube filter and the generator 
scavenge filter in accordance with the instructions of Airbus AOT 
A330-24A3042, Revision 02, dated April 12, 2007.

    Note 1: The repetitive checks before each flight specified in 
paragraph (f)(2) of this AD are not required for airplanes operated 
under MMEL Item 36-11-01, provided the APU generator has been 
removed or deactivated in accordance with the instructions of Airbus 
AOT A330-24A3042, Revision 02, dated April 12, 2007.

    (3) Actions done before the effective date of this AD in 
accordance with the applicable Airbus service information in Table 1 
of this AD are acceptable for compliance with the corresponding 
provisions of paragraph (f) of this AD.

                          Table 1.--Acceptable Earlier Revisions of Service Information
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      Airbus all operators telex                   Revision level                            Date
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A330-24A3042..........................  Original...........................  March 22, 2007.
A330-24A3042..........................  01.................................  March 29, 2007.
A340-24A4056..........................  Original...........................  March 22, 2007.
A340-24A4056..........................  01.................................  March 29, 2007.
A340-24A5020..........................  Original...........................  March 22, 2007.
A340-24A5020..........................  01.................................  March 29, 2007.
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FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI or service information requires 
checking the differential pressure indicator button on the lube and 
the generator scavenge filter until May 31, 2007, this AD does not 
provide a termination date for the checks. This difference has been 
coordinated with the European Aviation Safety Agency (EASA).

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: Tim Backman, Aerospace Engineer, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2797; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (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 EASA Airworthiness Directive 2007-0080-R1, 
dated April 13, 2007; and Airbus AOT A330-24A3042, A340-24A4056, or 
A340-24A5020, all Revision 02, all dated April 12, 2007; for related 
information.

Material Incorporated by Reference

    (i) You must use the applicable Airbus service information 
specified in Table 2 of this AD to do the actions required by this 
AD, unless the AD specifies otherwise. (Only the first page of these 
documents contains the document number, revision level, and date; no 
other pages of these documents contain this information.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call

[[Page 31976]]

(202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

              Table 2.--Material Incorporated by Reference
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  Airbus all operators telex   Revision level             Date
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A330-24A3042.................  02............  April 12, 2007.
A340-24A4056.................  02............  April 12, 2007.
A340-24A5020.................  02............  April 12, 2007.
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    Issued in Renton, Washington, on May 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10993 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-13-P