[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]
BILLING CODE 4910-13-P