[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62208-62211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28069]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1092; Directorate Identifier 2009-NM-219-AD; 
Amendment 39-16068; AD 2009-24-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300 Series 
Airplanes; and Model A340-200 and -300 Series Airplanes

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

ACTION: Final rule; request for comments.

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

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:

    An A330 operator experienced a low level of the Yellow hydraulic 
circuit due to a loose[ning] of check valve part number (P/N) 
CAR401. During the inspection on the other two hydraulic systems, 
the other three CAR401 check valves were also found to be loose with 
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure 
manifold check valves.
    Investigations are on-going to determine the root cause of this 
event.
    Additional cases of CAR401 check valve loosening have been 
experienced in service on aeroplanes having accumulated more than 
1000 flight cycles (FC). The check valve fitted on the Yellow 
hydraulic system is more affected, probably due to additional system 
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to 
check valve loosening, resulting in a leak and finally the loss of 
the associated hydraulic system and, in the worst case, of the three 
hydraulic systems of the aeroplane.
* * * * *

    The unsafe condition is the possible loss of all three hydraulic 
systems, which could result in loss of control of the airplane. This AD 
requires actions that are intended to address the unsafe condition 
described in the MCAI.

DATES: This AD becomes effective December 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 14, 
2009.
    We must receive comments on this AD by January 11, 2010.

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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2009-0223-E, dated October 13, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    An A330 operator experienced a low level of the Yellow hydraulic 
circuit due to a loose[ning] of check valve part number (P/N) 
CAR401. During the inspection on the other two hydraulic systems, 
the other three CAR401 check valves were also found to be loose with 
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure 
manifold check valves.
    Investigations are on-going to determine the root cause of this 
event.
    Additional cases of CAR401 check valve loosening have been 
experienced in service on aeroplanes having accumulated more than 
1000 flight cycles (FC). The check valve fitted on the Yellow 
hydraulic system is more affected, probably due to additional system 
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to 
check valve loosening, resulting in a leak and finally the loss of 
the associated hydraulic system and, in the worst case, of the three 
hydraulic systems of the aeroplane.
    This AD requires to perform the following inspection programme 
to detect any check valve loosening and, if necessary, apply the 
associated corrective actions:
    1st Step: On yellow and blue hydraulic circuits: lock wire 
inspection, inspection for traces of seepage or black deposit, check 
valve torque and red marking application.
    2nd Step: On green hydraulic circuit: same inspections as 
required in 1st Step and on yellow and blue hydraulic circuits: 
inspection of check valves for condition.
    Finally: On green, yellow and blue hydraulic circuits: 
repetitive inspection of check valves for condition.

    The unsafe condition is the possible loss of all three hydraulic 
systems, which could result in loss of control of the airplane. The 
inspection program involves a detailed inspection of the lock wire for 
presence and integrity, a detailed inspection for traces of seepage or 
black deposits, an inspection for proper torque, and a detailed 
inspection to determine alignment of the check valve and manifold. The 
corrective actions include replacing seal assemblies, replacing the 
check valve, removing the lock wire, and re-torquing the check valve. 
The required actions also include installing a new lock wire. You may 
obtain further information by examining the MCAI in the AD docket.

[[Page 62209]]

Relevant Service Information

    Airbus has issued All Operators Telexes A330-29A3111 and A340-
29A4086, both Revision 1, both dated October 8, 2009. 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 the 
compliance time defined in the MCAI is 28 days for initial inspection. 
Loss of torque could lead to loosening of the check valve. Loosening of 
the check valve can lead to a hydraulic leak with possible loss of the 
associated hydraulic system, and in the case of the loss of all three 
hydraulic systems of the airplane. Loss of a hydraulic system could 
result in reduced controllability and increased workload for the 
flightcrew. Loss of all three hydraulic systems could result in loss of 
control of the airplane. 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 less 
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-2009-1092; Directorate 
Identifier 2009-NM-219-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://www.regulations.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:

2009-24-09 AIRBUS: Amendment 39-16068. Docket No. FAA-2009-1092; 
Directorate Identifier 2009-NM-219-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
14, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
series airplanes, all manufacturer serial numbers; and Model A340-
211, -212, -213, -311, -312, and -313 series airplanes, all 
manufacturer serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    An A330 operator experienced a low level of the Yellow hydraulic 
circuit due to a loose[ning] of check valve part number (P/N) 
CAR401. During the inspection on the other two hydraulic systems, 
the other three CAR401 check valves were also found to be loose with 
their lock wire broken in two instances.
    A340 aeroplanes are also equipped with the same high pressure 
manifold check valves.

[[Page 62210]]

    Investigations are on-going to determine the root cause of this 
event.
    Additional cases of CAR401 check valve loosening have been 
experienced in service on aeroplanes having accumulated more than 
1000 flight cycles (FC). The check valve fitted on the Yellow 
hydraulic system is more affected, probably due to additional system 
cycles induced by cargo door operation.
    The loss of torque due to pressure cycles could contribute to 
check valve loosening, resulting in a leak and finally the loss of 
the associated hydraulic system and, in the worst case, of the three 
hydraulic systems of the aeroplane.
    This AD requires to perform the following inspection programme 
to detect any check valve loosening and, if necessary, apply the 
associated corrective actions:
    1st Step: On yellow and blue hydraulic circuits: lock wire 
inspection, inspection for traces of seepage or black deposit, check 
valve torque and red marking application.
    2nd Step: On green hydraulic circuit: same inspections as 
required in 1st Step and on yellow and blue hydraulic circuits: 
inspection of check valves for condition.
    Finally: On green, yellow and blue hydraulic circuits: 
repetitive inspection of check valves for condition.
    The unsafe condition is the possible loss of all three hydraulic 
systems, which could result in loss of control of the airplane. The 
inspection program involves a detailed inspection of the lock wire 
for presence and integrity, a detailed inspection for traces of 
seepage or black deposits, an inspection for proper torque, and a 
detailed inspection to determine alignment of the check valve and 
manifold. The corrective actions include replacing seal assemblies, 
replacing the check valve, removing the lock wire, and re-torquing 
the check valve. The required actions also include installing a new 
lock wire.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the actions required by paragraphs (g)(1) through (g)(3) 
of this AD.
    (1) For airplanes that do not have Airbus Modification 54491 
embodied in production, or Airbus Service Bulletin A330-29-3101 or 
Airbus Service Bulletin A340-29-4078 embodied in service: Within 100 
flight cycles or 28 days after the effective date of this AD, 
whichever occurs first, inspect the check valves on the blue, green, 
and yellow hydraulic systems to identify their P/Ns, in accordance 
with the instructions of Airbus All Operators Telex (AOT) A330-
29A3111, Revision 1, dated October 8, 2009 (for Model A330-200 and -
300 series airplanes); or AOT A340-29A4086, Revision 1, dated 
October 8, 2009 (for Model A340-200 and -300 series airplanes).
    (i) If check valves having P/N CAR401 are installed on all three 
hydraulic systems, before further flight, do the actions specified 
in paragraph (g)(2)(i) of this AD. After accomplishing the actions 
required by paragraph (g)(2)(i) of this AD, do the actions specified 
in paragraphs (g)(2)(ii) and (g)(2)(iii) of this AD at the 
applicable compliance times specified in those paragraphs.
    (ii) If check valves having P/N CAR401 are not installed on all 
three hydraulic systems, no further action is required until any 
check valve having P/N CAR400 is replaced with a check valve having 
P/N CAR401. If any check valve having P/N CAR400 is replaced by a 
check valve having P/N CAR401, before further flight, do the 
inspection specified in paragraph (g)(1) of this AD to determine if 
all three hydraulic systems are equipped with check valve having P/N 
CAR401.
    (2) For airplanes on which Airbus Modification 54491 was 
embodied in production, or Airbus Service Bulletin A330-29-3101 or 
Airbus Service Bulletin A340-29-4078 was embodied in service, do the 
actions specified in paragraphs (g)(2)(i), (g)(2)(ii), and 
(g)(2)(iii) of this AD.
    (i) Except as required by paragraph (g)(1)(i) of this AD, at the 
applicable times specified in paragraphs (g)(2)(i)(A) and 
(g)(2)(i)(B) of this AD, as applicable: Do the inspection program 
(detailed inspection of the lock wire for presence and integrity, a 
detailed inspection for traces of seepage or black deposits, and an 
inspection for proper torque) on yellow and blue high pressure 
manifolds, install new lock wires, and do all applicable corrective 
actions, in accordance with the instructions of paragraph 4.1.1 of 
Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009 (for 
Model A330-200 and -300 series airplanes); or AOT A340-29A4086, 
Revision 1, dated October 8, 2009 (for Model A340-200 and -300 
series airplanes). Do all applicable corrective actions before 
further flight.
    (A) For airplanes on which Airbus Modification 54491 has been 
embodied in production: At the later of the times specified in 
paragraphs (g)(2)(i)(A)(1) and (g)(2)(i)(A)(2) of this AD.
    (1) Before the accumulation of 1,000 total flight cycles since 
first flight but no earlier than the accumulation of 700 total 
flight cycles since first flight.
    (2) Within 100 flight cycles or 28 days after the effective date 
of this AD, whichever occurs first.
    (B) For airplanes on which Airbus Service Bulletin A330-29-3101 
or A340-29-4078 was embodied in service: At the later of the times 
specified in paragraphs (g)(2)(i)(B)(1) and (g)(2)(i)(B)(2) of this 
AD.
    (1) Within 1,000 flight cycles since the embodiment of Airbus 
Service Bulletin A330-29-3101 or A340-29-4078 but no earlier than 
700 flight cycles after the embodiment of Airbus Service Bulletin 
A330-29-3101 or A340-29-4078.
    (2) Within 100 flight cycles or 28 days after the effective date 
of this AD, whichever occurs first.
    (ii) Within 900 flight hours after accomplishment of paragraph 
(g)(2)(i) of this AD, do the inspection program (detailed inspection 
of the lock wire for presence and integrity, a detailed inspection 
for traces of seepage or black deposits, and an inspection for 
proper torque) and install a new lock wire on the green high 
pressure manifold; and do an inspection (detailed inspection for 
traces of seepage or black deposits, and detailed inspection to 
determine alignment of the check valve and manifold) on the yellow 
and blue high pressure manifolds, and do all applicable corrective 
actions; in accordance with the instructions of paragraph 4.1.2 of 
Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009 (for 
Model A330-200 and -300 series airplanes); or AOT A340-29A4086, 
Revision 1, dated October 8, 2009 (for Model A340-200 and -300 
series airplanes). Do all applicable corrective actions before 
further flight.
    (iii) Within 900 flight hours after accomplishment of paragraph 
(g)(2)(ii) of this AD, and thereafter at intervals not to exceed 900 
flight hours, do the inspection program (detailed inspection for 
traces of seepage or black deposits, and detailed inspection to 
determine alignment of the check valve and manifold) on the green, 
yellow, and blue high pressure manifolds, and do all applicable 
corrective actions, in accordance with the instructions of paragraph 
4.1.3 of Airbus AOT A330-29A3111, Revision 1, dated October 8, 2009 
(for Model A330-200 and -300 series airplanes); or AOT A340-29A4086, 
Revision 1, dated October 8, 2009 (for Model A340-200 and -300 
series airplanes). Do all applicable corrective actions before 
further flight.
    (iv) Actions accomplished before the effective date of this AD, 
according to Airbus AOT A330-29A3111, dated September 2, 2009 (for 
Model A330-200 and -300 series airplanes); or AOT A340-29A4086, 
dated September 2, 2009 (for Model A340-200 and -300 series 
airplanes); are considered acceptable for compliance with the 
corresponding actions specified in paragraph (g)(2)(i) of this AD.
    (3) Within 10 days after accomplishment of the inspections 
specified in paragraphs (g)(1) and (g)(2) of this AD, or within 10 
days after the effective date of this AD, whichever occurs later, 
report all inspection results to Airbus in accordance with Airbus 
AOT A330-29A3111, Revision 1, dated October 8, 2009 (for Model A330-
200 and -300 series airplanes); or AOT A340-29A4086, Revision 1, 
dated October 8, 2009 (for Model A340-200 and -300 series 
airplanes).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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

[[Page 62211]]

principal maintenance inspector (PMI) or principal avionics 
inspector (PAI), as appropriate, or lacking a principal inspector, 
your local Flight Standards District Office. The AMOC approval 
letter must specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Emergency 
Airworthiness Directive 2009-0223-E, dated October 13, 2009; and 
Airbus AOTs A330-29A3111 and A340-29A4086, both Revision 1, both 
dated October 8, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Airbus All Operators Telex A330-29A3111, 
Revision 1, dated October 8, 2009; or Airbus All Operators Telex 
A340-29A4086, Revision 1, dated October 8, 2009; as applicable; 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 page 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 SAS--Airworthiness Office--EAL, 1 Rond Point Maurice 
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; 
fax +33 5 61 93 45 80, e-mail [email protected]; 
Internet http://www.airbus.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28069 Filed 11-25-09; 8:45 am]
BILLING CODE 4910-13-P