[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7523-7525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0112; Directorate Identifier 2011-NM-055-AD; 
Amendment 39-16952; AD 2012-03-10]
RIN 2120-AA64


Airworthiness Directives; Airbus 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 all 
Airbus Model A340-600 series airplanes. This AD requires modifying the 
fire extinguishing system from a three-bottles solution with 4 flow 
metering compact unit into a two-bottles solution with 2 flow metering 
systems equipped with upgraded water absorbing filter elements. This AD 
was prompted by reports of partial blockage of a certain water 
absorbing filter element. We are issuing this AD to prevent partial 
blockage of a certain water absorbing filter element, which could lead 
to reduction of the halon outflow, which leads to incapacity to 
maintain fire extinguishing agent concentration. Combined with fire, 
this condition could result in an uncontrolled fire in the affected 
compartment.

DATES: This AD becomes effective February 28, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 28, 
2012.
    We must receive comments on this AD by March 29, 2012.

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 W12-140, 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 2010-0255, dated December 6, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:
    During the qualification test campaign 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 the FMCU, which 
are part of the Lower Deck Cargo Compartment (LDCC) fire 
extinguisher system used in some A340-600 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of the Halon outflow, leading to incapacity to maintain 
fire extinguishing agent concentration. Combined with fire, this 
condition could result in an uncontrolled fire in the affected 
compartment, which would constitute an unsafe condition.
    To avoid water absorbing filter element blockage, this [EASA] AD 
requires to convert the fire extinguishing system from the three-
bottles-system with 4 FMCU into a two-bottles-system with 2 Flow 
Metering Systems (FMS) equipped with upgraded water absorbing filter 
elements.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-26-5020, 
including Appendix 01, dated June 3, 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.
    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.

[[Page 7524]]

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-2012-0112; Directorate 
Identifier 2011-NM-055-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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

    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:

2012-03-10 Airbus: Amendment 39-16952; Docket No. FAA-2012-0112; 
Directorate Identifier 2011-NM-055-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 28, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A340-642 airplanes, certificated 
in any category, all manufacturer serial numbers on which Airbus 
modification 47090 has been embodied in production; except those on 
which Airbus modification 51065 has been embodied in production.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of partial blockage of a certain 
water absorbing filter element. We are issuing this AD to prevent 
partial blockage of a certain water absorbing filter element, which 
could lead to reduction of the halon outflow, which leads to 
incapacity to maintain fire extinguishing agent concentration. 
Combined with fire, this condition could result in an uncontrolled 
fire in the affected compartment.

(f) Compliance

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

(g) Actions

    Within 18 months after the effective date of this AD, modify the 
fire extinguishing system from a three-bottles solution with 4 flow 
metering compact unit, into a two-bottles solution with 2 flow 
metering systems equipped with upgraded water absorbing filter 
elements, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A340-26-5020, including Appendix 
01, dated June 3, 2010.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the International Branch, send it 
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. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding 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.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2010-0255, 
dated December 6, 2010; and Airbus Mandatory Service Bulletin A340-
26-5020, including Appendix 01, dated June 3, 2010; for related 
information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:

[[Page 7525]]

    (i) Airbus Mandatory Service Bulletin A340-26-5020, including 
Appendix 01, dated June 3, 2010.
    (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; email [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 February 3, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-3116 Filed 2-10-12; 8:45 am]
BILLING CODE 4910-13-P