[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19196-19199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8181]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0391; Directorate Identifier 2010-NM-073-AD; 
Amendment 39-16263; AD 2010-08-08]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-243, -341, -342, and 
-343 Airplanes Equipped with Rolls-Royce Trent 700 Engines

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:

    During a recent in-service event the flight crew of a Trent 700 
powered A330 aircraft reported a temporary Engine Pressure Ratio 
(EPR) shortfall on engine 2 during the take-off phase of the 
flight.* * *
    Data analysis confirmed a temporary fuel flow restriction and 
subsequent recovery, and indicated that also engine 1 experienced a 
temporary fuel flow restriction shortly after the initial event on 
engine 2. * * *
    Based on previous industry-wide experience, the investigation of 
the event has focused on the possibility for ice to temporarily 
restrict the fuel flow.* * *
* * * * *
    The scenario of ice being shed and causing a temporary blockage 
in the engine fuel system may lead to a temporary fuel flow 
restriction to the engine. This may result in a possible engine 
surge or stall condition, and in the engine not being able to 
provide the commanded thrust.
* * * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 29, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 29, 
2010.
    We must receive comments on this AD by June 1, 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,

[[Page 19197]]

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 2010-0042-E, dated March 12, 2010 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    During a recent in-service event the flight crew of a Trent 700 
powered A330 aircraft reported a temporary Engine Pressure Ratio 
(EPR) shortfall on engine 2 during the take-off phase of the flight. 
The ENG STALL warning was set. The flight crew followed the standard 
procedures which included reducing throttle to idle. The engine 
recovered and provided the demanded thrust level for the remainder 
of the flight.
    Data analysis confirmed a temporary fuel flow restriction and 
subsequent recovery, and indicated that also engine 1 experienced a 
temporary fuel flow restriction shortly after the initial event on 
engine 2, again followed by a full recovery. The engine 1 EPR 
shortfall was insufficient to trigger any associated warning and was 
only noted through analysis of the flight data. No flight crew 
action was necessary to recover normal performance on this engine. 
The remainder of the flight was uneventful.
    Based on previous industry-wide experience, the investigation of 
the event has focused on the possibility for ice to temporarily 
restrict the fuel flow. While no direct fuel system fault has been 
identified, the operation of the water scavenge system at Rib 3 
cannot be excluded as being a contributory factor.
    Testing and analysis are continuing to identify the root cause 
of the event.
    The scenario of ice being shed and causing a temporary blockage 
in the engine fuel system may lead to a temporary fuel flow 
restriction to the engine. This may result in a possible engine 
surge or stall condition, and in the engine not being able to 
provide the commanded thrust.
    Therefore, as a precautionary measure to reduce the possibility 
of ingesting ice into the engine fuel feed system, this AD requires 
to:

--Deactivate the automatic Standby Fuel Pump Scavenge System, which 
operates during Taxi and Take-off by removing relays Functional Item 
Numbers (FIN) 80QA1 and 80QA2 (this will not affect normal standby 
pump operation) for aeroplanes identified in the applicability 
section of this AD and on which this deactivation has not been 
performed in production through the modification 200801, and
--Prohibit the dispatch with * * * [a] MAIN Fuel Pump inoperative on 
all aeroplanes identified in the applicability section of this AD.

This AD also requires revising the Limitations section of the airplane 
flight manual to advise the flight crew of the dispatch prohibition. 
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued All Operators Telex A330-28A3114, Revision 1, 
dated March 24, 2010. 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 ice 
being shed and causing a temporary blockage in the engine fuel system 
could lead to a temporary fuel flow restriction to the engine, which 
could result in a possible engine surge or stall condition, and in the 
engine not being able to provide the commanded thrust. 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 fewer 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-2010-0391; Directorate 
Identifier 2010-NM-073-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;

[[Page 19198]]

    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:

 2010-08-08 Airbus: Amendment 39-16263. Docket No. FAA-2010-0391; 
Directorate Identifier 2010-NM-073-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-243, -341, -342, and -
343 airplanes, certificated in any category, all manufacturer serial 
numbers equipped with Rolls-Royce Trent 700 engines, on which Airbus 
modification 56966MP16199 has been embodied in production or Airbus 
Service Bulletin A330-28-3105 has been embodied in service.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During a recent in-service event the flight crew of a Trent 700 
powered A330 aircraft reported a temporary Engine Pressure Ratio 
(EPR) shortfall on engine 2 during the take-off phase of the flight. 
The ENG STALL warning was set. The flight crew followed the standard 
procedures which included reducing throttle to idle. The engine 
recovered and provided the demanded thrust level for the remainder 
of the flight.
    Data analysis confirmed a temporary fuel flow restriction and 
subsequent recovery, and indicated that also engine 1 experienced a 
temporary fuel flow restriction shortly after the initial event on 
engine 2, again followed by a full recovery. The engine 1 EPR 
shortfall was insufficient to trigger any associated warning and was 
only noted through analysis of the flight data. No flight crew 
action was necessary to recover normal performance on this engine. 
The remainder of the flight was uneventful.
    Based on previous industry-wide experience, the investigation of 
the event has focused on the possibility for ice to temporarily 
restrict the fuel flow. While no direct fuel system fault has been 
identified, the operation of the water scavenge system at Rib 3 
cannot be excluded as being a contributory factor.
    Testing and analysis are continuing to identify the root cause 
of the event.
    The scenario of ice being shed and causing a temporary blockage 
in the engine fuel system may lead to a temporary fuel flow 
restriction to the engine. This may result in a possible engine 
surge or stall condition, and in the engine not being able to 
provide the commanded thrust.
    Therefore, as a precautionary measure to reduce the possibility 
of ingesting ice into the engine fuel feed system, this AD requires 
to:

--Deactivate the automatic Standby Fuel Pump Scavenge System, which 
operates during Taxi and Take-off by removing relays Functional Item 
Numbers (FIN) 80QA1 and 80QA2 (this will not affect normal standby 
pump operation) for aeroplanes identified in the applicability 
section of this AD and on which this deactivation has not been 
performed in production through the modification 200801, and
--Prohibit the dispatch with * * * [a] MAIN Fuel Pump inoperative on 
all aeroplanes identified in the applicability section of this AD.
This AD also requires revising the Limitations section of the 
airplane flight manual to advise the flight crew of the dispatch 
prohibition.

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) For airplanes on which Airbus modification 200801 has not 
been embodied in production as of the effective date of this AD: 
Within 10 days after the effective date of this AD, deactivate the 
water scavenge automatic operation by removing relays FIN 80QA1 
(left-hand) and 80QA2 (right-hand), in accordance with the 
instructions in Airbus All Operators Telex A330-28A3114, Revision 1, 
dated March 24, 2010.
    (h) Deactivation before the effective date of this AD in 
accordance with Airbus All Operators Telex A330-28A3114, dated March 
10, 2010, is considered acceptable for compliance with the 
corresponding action required by paragraph (g) of this AD.
    (i) For airplanes on which Airbus modification 200801 has not 
been embodied in production as of the effective date of this AD: 
Before further flight after accomplishment of the requirements of 
paragraph (g) of this AD, dispatch of an airplane with any 
inoperative main fuel pump is prohibited.
    (j) For airplanes on which Airbus modification 200801 has been 
embodied in production as of the effective date of this AD: Dispatch 
of an airplane with any inoperative main fuel pump is prohibited as 
of the effective date of this AD.
    (k) For all airplanes: At the applicable time specified in 
paragraph (k)(1) or (k)(2) of this AD, revise the Limitations 
section of the airplane flight manual (AFM) to include the following 
statement. This may be done by inserting a copy of this AD into the 
AFM.
    ``Dispatch with any inoperative main fuel pump is prohibited.''
    (1) For airplanes on which Airbus modification 200801 has not 
been embodied in production as of the effective date of this AD: 
Revise the AFM before further flight after accomplishment of the 
requirements of paragraph (g) of this AD.
    (2) For airplanes on which Airbus modification 200801 has been 
embodied in production as of the effective date of this AD: Revise 
the AFM before further flight after the effective date of this AD.

    Note 1: When a statement identical to that in paragraph (k) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (l) 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 refer to 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.

[[Page 19199]]

    (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

    (m) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency Airworthiness Directive 2010-0042-E, dated March 12, 2010; 
and Airbus All Operators Telex A330-28A3114, Revision 1, dated March 
24, 2010; for related information.

Material Incorporated by Reference

    (n) You must use Airbus All Operators Telex A330-28A3114, 
Revision 1, dated March 24, 2010, as applicable, to do the actions 
required by this AD, unless the AD specifies otherwise. (The 
document number, revision level, and date of this document are 
indicated only on the first page of the document; no other page of 
the document contains 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.
    (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 April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-8181 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P