[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65396-65398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28858]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1109; Directorate Identifier 2009-NM-068-AD; 
Amendment 39-16123; AD 2009-25-04]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-243 Airplanes and 
Model A330-341, -342, and -343 Airplanes

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

ACTION: Final rule; request for comments.

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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 operator of A330 aeroplane fitted with Rolls-Royce (RR) Trent 
772 B engines experienced an engine1 uncontained multiple 
turbine blade failure. Investigations have shown that High Pressure/
Intermediate Pressure (HP/IP) oil vent tubes are prone to be 
affected by carbon deposit or to be damaged by their outer heat 
shields leading to a fire inside or outside the vent tube and 
resulting into IP Turbine (IPT) disc drive arm fracture and thus IPT 
disc overspeed.
    If not corrected, IPT disc overspeed could lead to an 
uncontained engine failure, i.e. multiple turbine blade failure or 
HP/IP turbine disc burst, which would constitute an unsafe 
condition.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 28, 
2009.
    We must receive comments on this AD by January 25, 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 
Airworthiness Directive 2009-0075, dated April 6, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    An operator of A330 aeroplane fitted with Rolls-Royce (RR) Trent 
772 B engines experienced an engine1 uncontained multiple 
turbine blade failure. Investigations have shown that High Pressure/
Intermediate Pressure (HP/IP) oil vent tubes are prone to be 
affected by carbon deposit or to be damaged by their outer heat 
shields leading to a fire inside or outside the vent tube and 
resulting into IP Turbine (IPT) disc drive arm fracture and thus IPT 
disc overspeed.
    If not corrected, IPT disc overspeed could lead to an 
uncontained engine failure, i.e. multiple turbine blade failure or 
HP/IP turbine disc burst, which would constitute an unsafe 
condition.
    In order to protect IPT from overspeed, EASA AD 2008-0101 
required to activate Intermediate Pressure Turbine Overspeed (IPTOS) 
protection function by Data Entry Plug (DEP) reprogramming, which 
consists in limiting the IPT speed (Engine Thrust) when overheat is 
detected in IPT, for all A330 aeroplanes fitted with RR Trent 700 
engines and equipped with Multi Mode Receivers.
    Original issue of AD 2008-0101 had a limited applicability due 
to Flight Warning Computer compatibility issue with aircraft not 
equipped with Multi Mode Receivers. Airbus has now developed a new 
Flight

[[Page 65397]]

Warning Computer standard T2 whose embodiment is also possible on 
A330 aeroplane fitted with RR Trent 700 engines not equipped with 
Multi Mode Receivers.
    For the above described reasons, this AD retains the requirement 
of EASA AD 2008-0101, which is superseded, and extends the 
applicability to all A330 aeroplanes fitted with RR Trent 700 
engines.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-73-3049, Revision 
01, dated November 13, 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 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.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

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

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

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-2009-1109; Directorate 
Identifier 2009-NM-068-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:

2009-25-04 Airbus: Amendment 39-16123. Docket No. FAA-2009-1109; 
Directorate Identifier 2009-NM-068-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-243, -341,-342, and -
343 airplanes, all manufacturing serial numbers (MSN), except those 
on which Airbus Modification 56722 has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 73: Engine 
fuel and control.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    An operator of A330 aeroplane fitted with Rolls-Royce (RR) Trent 
772 B engines experienced an engine 1 uncontained multiple 
turbine blade failure. Investigations have shown that High Pressure/
Intermediate Pressure (HP/IP) oil vent tubes are prone to be 
affected by carbon deposit or to be damaged by their outer heat 
shields leading to a fire inside or outside the vent tube and 
resulting into IP Turbine (IPT) disc drive arm fracture and thus IPT 
disc overspeed.
    If not corrected, IPT disc overspeed could lead to an 
uncontained engine failure, i.e. multiple turbine blade failure or 
HP/IP turbine disc burst, which would constitute an unsafe 
condition.
    In order to protect IPT from overspeed, EASA AD 2008-0101 
required to activate

[[Page 65398]]

Intermediate Pressure Turbine Overspeed (IPTOS) protection function 
by Data Entry Plug (DEP) reprogramming, which consists in limiting 
the IPT speed (Engine Thrust) when overheat is detected in IPT, for 
all A330 aeroplanes fitted with RR Trent 700 engines and equipped 
with Multi Mode Receivers.
    Original issue of AD 2008-0101 had a limited applicability due 
to Flight Warning Computer compatibility issue with aircraft not 
equipped with Multi Mode Receivers. Airbus has now developed a new 
Flight Warning Computer standard T2 whose embodiment is also 
possible on A330 aeroplane fitted with RR Trent 700 engines not 
equipped with Multi Mode Receivers.
    For the above described reasons, this AD retains the requirement 
of EASA AD 2008-0101, which is superseded, and extends the 
applicability to all A330 aeroplanes fitted with RR Trent 700 
engines.

Actions and Compliance

    (f) Unless already done, do the following actions: Within 12 
months after the effective date of this AD, do the actions specified 
in paragraph (f)(1) of this AD.
    (1) Reprogram the data entry plug on both engines to activate 
the intermediate pressure turbine overspeed protection function, 
including doing applicable revisions of the Airplane Flight Manual 
(AFM), in accordance with the Accomplishment Instructions of Airbus 
Mandatory Service Bulletin A330-73-3049, Revision 01, dated November 
13, 2008.

    Note 1: IPTOS function activation has the following operational 
consequences: Modification of the AFM and the flightcrew operating 
manual (FCOM). Accomplishment of the actions specified in Airbus 
Mandatory Service Bulletin A330-73-3049, Revision 01, dated November 
13, 2008 (Airbus Modification 56722), cancels Airbus A330 AFM 
Supplement 6.03.08, dated June 2, 2006; and Volumes 1 and 3 
(1.70.20, 1.70.95, and 3.02.70) of the Airbus A330 FCOM have been 
modified.

    (2) Actions accomplished before the effective date of this AD in 
accordance with Airbus Mandatory Service Bulletin A330-73-3049, 
dated November 14, 2007, are considered acceptable for compliance 
with the corresponding action specified in paragraph (f)(1) of this 
AD.

FAA AD Differences

    Note 2: 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 Mandatory Continuing Airworthiness Information EASA 
Airworthiness Directive 2009-0075, dated April 6, 2009; and Airbus 
Mandatory Service Bulletin A330-73-3049, Revision 01, dated November 
13, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-73-3049, 
Revision 01, dated November 13, 2008, 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 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 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28858 Filed 12-9-09; 8:45 am]
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