[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Proposed Rules]
[Pages 62713-62715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1107; Directorate Identifier 2009-NM-138-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 Series Airplanes 
and Model 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:

* * * * *
    [European Aviation Safety Agency (EASA)] AD 2006-0191 [which 
corresponds to FAA AD 2006-21-08] required the installation of new 
heat shield panels with drainage over the air conditioning packs in 
order to avoid an undetected fire in this zone following a fuel leak 
from the centre tank.
    These new heat shield panels have holes. In case of fuel leaking 
through these holes from the centre tank, any fuel vapour may 
develop into a potential source of ignition, possibly resulting in a 
fuel tank explosion and consequent loss of the aeroplane.* * *
* * * * *

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 January 15, 
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.
    For service information identified in this proposed 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. 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-2009-1107; 
Directorate Identifier 2009-NM-138-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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 2009-0150, dated July 9, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * EASA AD 2006-0191 [which corresponds to FAA AD 2006-21-08] 
required the installation of new heat shield panels with drainage 
over the air conditioning packs in order to avoid an undetected fire 
in this zone following a fuel leak from the centre tank.
    These new heat shield panels have holes. In case of fuel leaking 
through these holes from the centre tank, any fuel vapour may 
develop into a potential source of ignition, possibly resulting in a 
fuel tank explosion and consequent loss of the aeroplane. Airbus has 
developed a repair solution for these holes to prevent a fuel vapour 
ignition source in this area and improve the protection of the hot 
air equipment.

[[Page 62714]]

    [T]his AD requires the installation of plugs on the heat shield 
panels of the Left Hand (LH) and Right Hand (RH) Air Conditioning 
packs.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-21-3148, 
including Appendix 1, dated January 30, 2009; and Mandatory Service 
Bulletin A340-21-4147, including Appendix 1, dated January 30, 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 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 12 products of U.S. registry. We also estimate that 
it would take about 3 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 $240 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-2009-1107; Directorate Identifier 2009-NM-
138-AD.

Comments Due Date

    (a) We must receive comments by January 15, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category; on which 
Airbus Modification 49520 has been embodied in production, or on 
which Airbus Service Bulletin A330-21-3096, Revision 01, or Airbus 
Service Bulletin A340-21-4107, Revision 01, has been embodied in 
service; except those airplanes on which Airbus Modification 58551 
has been embodied in production.
    (1) Airbus Model A330-201, -202, -203, -223, and -243 airplanes, 
all manufacturer serial numbers.
    (2) Airbus Model A340-211, -212, and -213 airplanes; and Model 
A340-311, -312, and -313 airplanes; all manufacturer serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 21: Air 
conditioning.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    EASA [European Aviation Safety Agency] AD 2006-0191 [which 
corresponds to FAA AD 2006-21-08] required the installation of new 
heat shield panels with drainage over the air conditioning packs in 
order to avoid an undetected fire in this zone following a fuel leak 
from the centre tank.
    These new heat shield panels have holes. In case of fuel leaking 
through these holes from the centre tank, any fuel vapour may 
develop into a potential source of ignition, possibly resulting in a 
fuel tank explosion and consequent loss of the aeroplane. Airbus has 
developed a repair solution for these holes to prevent a fuel vapour 
ignition source in this area and improve the protection of the hot 
air equipment.
    [T]his AD requires the installation of plugs on the heat shield 
panels of the Left Hand (LH) and Right Hand (RH) Air Conditioning 
packs.

Actions and Compliance

    (f) Unless already done, within 24 months after the effective 
date of this AD: Plug the six receptacle holes on the heat shield of 
the left-hand air conditioning pack and plug the four receptacle 
holes on the heat shield of the right-hand air conditioning pack, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A330-21-3148, dated January 30, 2009 (for Model 
A330-201, -202, -203, -223, and -243 series airplanes); or Airbus

[[Page 62715]]

Mandatory Service Bulletin A340-21-4147, dated January 30, 2009 (for 
Model A340-211, -212, and -213 series airplanes; and Model A340-311, 
-312, and -313 series airplanes); as applicable.

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, 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 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

    (h) Refer to MCAI EASA Airworthiness Directive 2009-0150, dated 
July 9, 2009; Airbus Mandatory Service Bulletin A330-21-3148, dated 
January 30, 2009; and Airbus Mandatory Service Bulletin A340-21-
4147, dated January 30, 2009; for related information.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28800 Filed 11-30-09; 8:45 am]
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