[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68737-68741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30649]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1215; Directorate Identifier 2009-NM-126-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300, and 
Model A340-200, -300, -500 and 600 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:

    * * * [P]artial blockage of the water absorbing filter element 
P/N (part number) QA06123 was observed several times. The blockage 
was created by carbon debris from the cartridge and from the burst 
disc of the Halon bottle.
    This water absorbing filter element is part of Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
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 February 12, 
2010.

[[Page 68738]]


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-2009-1215; 
Directorate Identifier 2009-NM-126-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 2009-0064, dated March 12, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During the qualification test campaign at the supplier site of 
the prototype Flow Metering Compact Unit (FMCU) Part Number (P/N) 
QA07907-03, partial blockage of the water absorbing filter element 
P/N QA06123 was observed several times. The blockage was created by 
carbon debris from the cartridge and from the burst disc of the 
Halon bottle.
    This water absorbing filter element is part of Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
would constitute an unsafe condition.
    To avoid water absorbing filter element blockage, this AD 
requires replacement [with improved dual-filter assemblies] or 
modification of the Halon dual-filter assemblies of the lower deck 
cargo compartment fire extinguishing system:

--In the forward cargo compartment for aeroplanes fitted with Lower 
Deck Cargo Compartment (LDCC) and
--In the bulk cargo compartment for aeroplanes fitted with Bulk 
Cargo Rest Compartment (BCRC) fire extinguishing system.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-26-3040, Revision 
02, dated August 6, 2008; Mandatory Service Bulletin A340-26-4038, 
Revision 02, dated August 6, 2008; and Mandatory Service Bulletin A340-
26-5019, Revision 03, dated May 19, 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 32 products of U.S. registry. We also estimate that 
it would take about 13 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $708 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the

[[Page 68739]]

proposed AD on U.S. operators to be $55,936, or $1,748 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-2009-1215; Directorate Identifier 2009-NM-
126-AD.

Comments Due Date

    (a) We must receive comments by February 12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes certificated in any category, 
identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342 and -343 airplanes, all serial 
numbers, except those on which Airbus modification 55590 has been 
embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312 -313, -541, 
and -642 airplanes, all serial numbers fitted with lower deck cargo 
compartment (LDCC), except those on which Airbus modification 55590 
has been embodied in production.
    (3) Airbus Model A340-311, -312 -313, -541, and -642 airplanes, 
all serial numbers fitted with bulk cargo rest compartment (BCRC), 
except those on which Airbus modification 56047 has been embodied in 
production.

    Note 1: The BCRC is embodied in production on Airbus Model A340-
300, A340-500, and A340-600 airplanes through the following Airbus 
modification (including but not limited to): 47198, 47884, 48895, 
48710, 49136, 50107, 50900, 50901, or 51320.


    Note 2: The fire extinguishing system for the BCRC is embodied 
in production on Model A340-500 and A340-600 airplanes through Mod 
47197, (partial BCRC); on Model A340-500 and A340-600 airplanes 
through Mod 47883 (full BCRC); and on Model A340-300 airplanes 
through Mod 50108 (partial BCRC).

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During the qualification test campaign at the supplier site of 
the prototype Flow Metering Compact Unit (FMCU) Part Number (P/N) 
QA07907-03, partial blockage of the water absorbing filter element 
P/N QA06123 was observed several times. The blockage was created by 
carbon debris from the cartridge and from the burst disc of the 
Halon bottle.
    This water absorbing filter element is part of Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
would constitute an unsafe condition.
    To avoid water absorbing filter element blockage, this AD 
requires replacement [with improved dual-filter assemblies] or 
modification of the Halon dual-filter assemblies of the lower deck 
cargo compartment fire extinguishing system:


--In the forward cargo compartment for aeroplanes fitted with Lower 
Deck Cargo Compartment (LDCC) and
--In the bulk cargo compartment for aeroplanes fitted with Bulk 
Cargo Rest Compartment (BCRC) fire extinguishing system.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Replace or modify the Halon dual-filter assemblies of the 
flow metering fire extinguishing system in the forward and bulk 
cargo compartments, as applicable, in accordance with the 
Accomplishment Instructions of the applicable service bulletin 
identified in Table 1 of this AD, at the applicable time specified 
in paragraphs (f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD.

                                           Table 1--Service Bulletins
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                                      Airbus Mandatory
           Airbus model--            Service Bulletin--    Revision--                    Dated--
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A330-200 and -300 airplanes........        A330-26-3040              02  August 6, 2008.
A340-200 and -300 airplanes........        A340-26-4038              02  August 6, 2008.
A340-500 and -600 airplanes........        A340-26-5019              03  May 19, 2009.
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[[Page 68740]]

    (i) For airplanes fitted with Halon dual-filter assemblies part 
number (P/N) QA06753: Within 18 months after the effective date of 
this AD.
    (ii) For Model A340-642 series airplanes, weight variant 101, 
102, and 103 fitted with Halon dual-filter assembly P/N QA06753-01 
or P/N QA06753-02: Within 18 months after the effective date of this 
AD.
    (iii) For airplanes other than those identified in paragraph 
(f)(1)(ii) of this AD and fitted with Halon dual-filter assembly P/N 
QA06753-01 or P/N QA06753-02: Within 24 months after the effective 
date of this AD.

    Note 3: The Halon dual-filter assembly P/N QA06753 is embodied 
in production through Airbus modification 40041. The Halon dual-
filter assembly P/N QA06753-01 is only embodied in service through 
Airbus Service Bulletin A330-26-3030 or Airbus Service Bulletin 
A340-26-4030. The Halon dual-filter assembly P/N QA06753-02 is 
embodied in production through modification 47197 or 47883 or 50108 
(BCRC) and 51065 or 51329 (LDCC) or in service through Airbus 
Service Bulletin A330-26-3030 or Airbus Service Bulletin A340-26-
4030.

    (2) Actions accomplished before the effective date of this AD 
according to the service bulletins listed in Table 2 of this AD are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

                                        Table 2--Credit Service Bulletins
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             Airbus--                             Revision--                              Dated--
----------------------------------------------------------------------------------------------------------------
Mandatory Service Bulletin A340-26- 02...................................  August 6, 2008.
 5019.
Service Bulletin A330-26-3040.....  Original.............................  March 29, 2007.
Service Bulletin A330-26-3040.....  01...................................  December 19, 2007.
Service Bulletin A340-26-4038.....  Original.............................  March 29, 2007.
Service Bulletin A340-26-4038.....  01...................................  December 19, 2007.
Service Bulletin A340-26-5019.....  Original.............................  July 27, 2007.
Service Bulletin A340-26-5019.....  01...................................  January 23, 2008.
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FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows:
    (1) The second paragraph of the applicability of the MCAI 
specifies certain models except those on which Modification 55590 
has been done. Paragraph (c)(2) of this AD specifies those models 
fitted with lower deck cargo compartment (LDCC), except those on 
which Modification 55590 has been done.
    (2) Although the MCAI tells you to submit information to the 
manufacturer, this AD does not require such a submittal.

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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0064, dated March 12, 2009; and the service 
information identified in Table 3 of this AD for related 
information.

                                      Table 3--Related Service Information
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      Airbus Mandatory Service Bulletin           Revision                            Date
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A330-26-3040.................................              02  August 6, 2008.
A340-26-4038.................................              02  August 6, 2008.
A340-26-5019.................................              03  May 19, 2009.
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[[Page 68741]]


    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30649 Filed 12-28-09; 8:45 am]
BILLING CODE 4910-13-P