[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14659-14661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5275]



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  Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / 
Rules and Regulations  

[[Page 14659]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0347; Directorate Identifier 2007-NM-253-AD; 
Amendment 39-15437; AD 2008-06-25]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 and A340 Airplanes

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

ACTION: Final rule.

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

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 that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes an unsafe condition.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 23, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 19, 2007 
(72 FR 71828). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Two A330 operators have reported that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes an unsafe condition.
    For the reasons described above, this Airworthiness Directive 
(AD) requires replacement of the affected Refuel Isolation Valve 
with a more robust valve similar to that designed for the A380.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Revised Service Information

    We have reviewed Airbus Service Bulletins A330-28-3103 and A340-28-
4120, both Revision 01, both dated January 11, 2008. We referred to the 
original issues, both dated July 17, 2007, as the appropriate sources 
of service information for accomplishing certain actions specified in 
the NPRM. We find that no additional work is required by these 
revisions. Therefore, we have changed paragraph (f) of this AD to refer 
to Revision 01 of Airbus Service Bulletins A330-28-3103 and A340-28-
4120. We have also changed paragraph (f) to give credit to operators 
who have accomplished the actions in accordance with Airbus Service 
Bulletins A330-28-3103 and A340-28-4120, both dated July 17, 2007.

Conclusion

    We have determined that air safety and the public interest require 
adopting the AD with the changes described previously. These changes 
will not increase the economic burden on any operator or increase the 
scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 34 products of U.S. 
registry. We also estimate that it will take about 14 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $8,000 
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

[[Page 14660]]

AD on U.S. operators to be $310,080, or $9,120 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 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.

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 the NPRM, 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.

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:

2008-06-25 Airbus: Amendment 39-15437. Docket No. FAA-2007-0347; 
Directorate Identifier 2007-NM-253-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
23, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus Model A330 and A340 airplanes 
identified in paragraphs (c)(1) and (c)(2) of this AD; certificated 
in any category; all certified models; all serial numbers.
    (1) Model A330 and A340 airplanes except those on which Airbus 
Modification 55664 has been embodied in production or Airbus Service 
Bulletin A330-28-3103, A340-28-4120, or A340-28-5044 has been 
embodied in service.
    (2) Model A330-300 series airplanes on which Airbus Modification 
40176 (optional LH (left hand) coupling) has been embodied in 
production or Airbus Service Bulletin A330-28-3018 (optional LH 
coupling) has been embodied in service; except those on which Airbus 
Modification 56148 has been embodied in production or Airbus Service 
Bulletin A330-28-3103 has been embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Two A330 operators have reported that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes an unsafe condition.
    For the reasons described above, this Airworthiness Directive 
(AD) requires replacement of the affected Refuel Isolation Valve 
with a more robust valve similar to that designed for the A380.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance 
with the instructions defined in Airbus Service Bulletins A330-28-
3103 and A340-28-4120, both Revision 01, both dated January 11, 
2008; and A340-28-5044, dated July 17, 2007; as applicable. Actions 
done before the effective date of this AD in accordance with Airbus 
Service Bulletins A330-28-3103 and A340-28-4120, both dated July 17, 
2007, are acceptable for compliance with the corresponding 
requirements of this AD.
    (1) Within 18,000 flight hours from the effective date of this 
AD: Replace the refuel isolation valve(s); and re-identify the 
refuel/defuel coupling in accordance with the instructions defined 
in the applicable service bulletin.
    (2) For refuel Isolation Valve and Refuel/Defuel Coupling Spare 
units: From the effective date of this AD, no person may install an 
affected refuel isolation valve unit or an affected refuel/defuel 
coupling unit as a replacement part on an aircraft, unless it has 
been modified in accordance with the instructions defined in the 
applicable service bulletin.

FAA AD Differences

    Note: 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, Transport Airplane Directorate, 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 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)

[[Page 14661]]

has approved the information collection requirements and has 
assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0239, dated 
September 3, 2007; and Airbus Service Bulletins A330-28-3103 and 
A340-28-4120, both Revision 01, both dated January 11, 2008; and 
A340-28-5044, dated July 17, 2007; for related information.

Material Incorporated by Reference

    (i) You must use the applicable Airbus service bulletin 
specified in Table 1 of this AD to do the actions required by this 
AD, unless the AD specifies otherwise.
    (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 (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service Bulletin                           Revision                               Date
----------------------------------------------------------------------------------------------------------------
A330-28-3103..........................  01.................................  January 11, 2008.
A340-28-4120..........................  01.................................  January 11, 2008.
A340-28-5044..........................  Original...........................  July 17, 2007.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on March 9, 2008.
Stephen P. Boyd,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-5275 Filed 3-18-08; 8:45 am]
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