[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Proposed Rules]
[Pages 13144-13146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6739]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0262; Directorate Identifier 2008-NM-208-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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:

    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut * * * had been inverted 
(wrong orientation of the braking pin) during manufacturing process 
at the supplier.
    * * * This lug inversion could give the illusion of correct 
torque whereas the affected parts are not properly connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes 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 April 27, 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.

[[Page 13145]]

     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 W12-40, 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]. 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 this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0262; 
Directorate Identifier 2008-NM-208-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 2008-0196, dated October 27, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut, part number (P/N) 
A2621005000200, had been inverted (wrong orientation of the braking 
pin) during manufacturing process at the supplier.
    The assembly nut P/N A2621005000200 is part of the engine fire-
extinguishing piping assembly. It connects the extinguisher 
discharge head with the piping. The lugs function is to prevent the 
connection untwisting once it has been hand-tightened with the 
correct torque. This lug inversion could give the illusion of 
correct torque whereas the affected parts are not properly 
connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes an unsafe condition.
    To restore connection integrity, this Airworthiness Directive 
(AD) requires a one-time general visual inspection of the affected 
nut assembly to detect and correct any wrong orientation of lugs.

    The corrective actions include a temporary repair (restoration) and 
replacing the fire extinguisher bottle nut assembly with the braking 
pin in the inverted position, if necessary.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-26-3043, 
including Appendices 01, 2, and 3, dated October 7, 2008. 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 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 4 products of U.S. registry. We also estimate that 
it would take about 9 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 $2,880, or $720 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

[[Page 13146]]

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-2009-0262; Directorate Identifier 2008-NM-
208-AD.

Comments Due Date

    (a) We must receive comments by April 27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223, 
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
airplanes, certificated in any category; having serial numbers 0845, 
0850, 0851, 0852, 0853, 0854, 0855, 0857, 0858, 0859, 0860, 0861, 
0862, 0863, 0865, 0866, 0867, 0868, 0869, 0871, 0873, 0875, 0876, 
0877, 0879, 0881, 0882, 0883, 0884, 0885, 0887, 0888, 0889, 0890, 
0892, 0893, 0895, 0896, 0898, 0899, 0900, 0901, 0903, 0904, 0905, 
0906, 0907, 0908, 0909, 0911, 0913, 0914, 0915, 0916, 0918, 0919, 
0920, 0922, 0923, and 0951.

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut, part number (P/N) 
A2621005000200, had been inverted (wrong orientation of the braking 
pin) during manufacturing process at the supplier.
    The assembly nut P/N A2621005000200 is part of the engine fire-
extinguishing piping assembly. It connects the extinguisher 
discharge head with the piping. The lugs function is to prevent the 
connection untwisting once it has been hand-tightened with the 
correct torque. This lug inversion could give the illusion of 
correct torque whereas the affected parts are not properly 
connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes an unsafe condition.
    To restore connection integrity, this Airworthiness Directive 
(AD) requires a one-time general visual inspection of the affected 
nut assembly to detect and correct any wrong orientation of lugs.
    The corrective actions include a temporary repair (restoration) 
and replacing the fire extinguisher bottle nut assembly with the 
braking pin in the inverted position, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 900 flight hours after the effective date of this AD, 
perform a general visual inspection to detect any wrong orientation 
of the lugs of the fire extinguisher bottle nut assembly of both 
engines, and do all applicable corrective actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-26-3043, dated October 7, 2008.
    (i) Before further flight, if the correct nut assembly is 
available, replace the fire extinguisher bottle nut assembly.
    (ii) Before further flight, if the correct nut assembly is not 
available, do the temporary repair; and within 900 flight hours 
after doing the repair, replace the fire extinguisher bottle nut 
assembly with the correct one.
    (2) Submit a report of the findings of the inspection required 
by paragraph (f)(1) of this AD using Appendix 01 of Airbus Mandatory 
Service Bulletin A330-26-3043, dated October 7, 2008, at the 
applicable time specified in paragraph (f)(2)(i) or (f)(2)(ii) of 
this AD. 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 on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was accomplished 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 
principal maintenance inspector (PMI) or 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 (EASA) 
Airworthiness Directive 2008-0196, dated October 27, 2008; and 
Airbus Mandatory Service Bulletin A330-26-3043, including Appendices 
01, 2, and 3, dated October 7, 2008, for related information.

    Issued in Renton, Washington, on March 17, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6739 Filed 3-25-09; 8:45 am]
BILLING CODE 4910-13-P