[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7940-7942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3119]


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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; 
Amendment 39-16202; AD 2010-04-09]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 Series Airplanes 
and Model A340-200 and -300 Series Airplanes

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

ACTION: Final rule.

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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:

* * * * *
    [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.***
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 30, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 30, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 1, 2009 (74 
FR 62713). That NPRM proposed 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.
    [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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 7941]]

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 our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect about 12 products of U.S. registry. We also estimate that it 
will take about 3 work-hours per product to comply with the basic 
requirements of this AD. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $3,060, or $255 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 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.

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 the NPRM, 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.

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:

2010-04-09 Airbus: Amendment 39-16202. Docket No. FAA-2009-1107; 
Directorate Identifier 2009-NM-138-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
30, 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 -
    (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 airplanes); or Airbus Mandatory 
Service Bulletin A340-21-4147, dated January 30, 2009 (for Model 
A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -
313 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

[[Page 7942]]

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.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-21-3148, 
including Appendix 1, dated January 30, 2009; or Airbus Mandatory 
Service Bulletin A340-21-4147, including Appendix 1, dated January 
30, 2009; as applicable; 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 <a href="/cdn-cgi/l/email-protection#7918100b0e160b0d1110171c0a0a57384a4a4954384a4d493918100b1b0c0a571a1614"><span class="__cf_email__" data-cfemail="80e1e9f2f7eff2f4e8e9eee5f3f3aec1b3b3b0adc1b3b4b0c0e1e9f2e2f5f3aee3efed">[email protected]</span></a>; 
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 February 5, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3119 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P


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