[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Proposed Rules]
[Pages 8551-8554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3817]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0172; Directorate Identifier 2009-NM-189-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A300, A300-600, and A310 
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:

    In the past, some operators have reported difficulties to 
pressurise the hydraulic reservoirs, due to leakage of the Crissair 
reservoir air pressurisation check valves. * * * The leakage of the 
check valves was caused by an incorrect spring material. The 
affected Crissair check valves * * * were then replaced with 
improved check valves P/N [part number] 2S2794-1 * * *.
    More recently, similar issues were again reported on aeroplanes 
with Crissair check valves P/N 2S2794-1 installed. The 
investigations * * * have shown that a spring, mounted inside the 
valve, does not meet the Airbus type design specifications.
    This situation, if not corrected, can cause hydraulic system 
functional degradation, possibly resulting in reduced control of the 
aeroplane when combined with an air duct leak, air conditioning 
system contamination or, if installed, malfunction of the fire 
extinguishing system in the Class `C' cargo compartment.

* * * * *
    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 April 12, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room

[[Page 8552]]

W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
    <bullet> 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--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; e-mail: <a href="/cdn-cgi/l/email-protection#3e5f5d5d514b504a105f574c49514c4a56135b5f4d7e5f574c5c4b4d105d5153"><span class="__cf_email__" data-cfemail="c7a6a4a4a8b2a9b3e9a6aeb5b0a8b5b3afeaa2a6b487a6aeb5a5b2b4e9a4a8aa">[email protected]</span></a>; 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; 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-2010-0172; 
Directorate Identifier 2009-NM-189-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 2009-0171, dated August 5, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    In the past, some operators have reported difficulties to 
pressurise the hydraulic reservoirs, due to leakage of the Crissair 
reservoir air pressurisation check valves. In some cases, the air 
conditioning system was contaminated with hydraulic mist. The 
leakage of the check valves was caused by an incorrect spring 
material. The affected Crissair check valves Part Number (P/N) 
2S2794 were then replaced with improved check valves P/N 2S2794-1 in 
accordance with Airbus Service Information Letter 29-020.
    More recently, similar issues were again reported on aeroplanes 
with Crissair check valves P/N 2S2794-1 installed. The 
investigations carried out on those check valves have shown that a 
spring, mounted inside the valve, does not meet the Airbus type 
design specifications.
    This situation, if not corrected, can cause hydraulic system 
functional degradation, possibly resulting in reduced control of the 
aeroplane when combined with an air duct leak, air conditioning 
system contamination or, if installed, malfunction of the fire 
extinguishing system in the Class `C' cargo compartment.
    For the reasons described above, EASA AD 2008-0166 was issued to 
require the inspection of the Crissair check valves P/N 2S2794-1, to 
identify serial numbers (s/n) and the replacement of the affected 
ones with serviceable units.
    Later on, further investigation by the vendor Crissair revealed 
more suspect check valves P/N 2S2794-1. Based on this, it was 
concluded that EASA AD 2008-0166 did not adequately address the 
unsafe condition and also did not correctly identify the Functional 
Item Numbers (FIN) of the various aeroplane installations of the 
affected valves. Consequently, EASA AD Cancellation Notice No.: 
2008-0166-CN was issued on 29 October 2008 to cancel EASA AD 2008-
0166.
    An updated list of suspect check valves with P/N 2S2794-1 has 
now been issued by Crissair Inc., the manufacturer. Consequently, 
this EASA AD requires the identification of the check valves by s/n 
and the replacement of the affected ones with serviceable units.

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

Relevant Service Information

    Airbus has issued the following service bulletins:
    <bullet> Airbus Mandatory Service Bulletin A300-29-0124, Revision 
02, including Appendices 1, 2, and 3, dated March 10, 2009;
    <bullet> Airbus Mandatory Service Bulletin A300-29-6060, Revision 
01, including Appendices 1, 2, and 3, dated March 10, 2009; and
    <bullet> Airbus Mandatory Service Bulletin A310-29-2097, Revision 
01, including Appendices 1, 2, and 3, dated March 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 206 products of U.S. registry. We also estimate that 
it would

[[Page 8553]]

take about 12 work-hours per product, depending on airplane 
configuration, to comply with the basic requirements of this proposed 
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 $210,120, or $1,020 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-2010-0172; Directorate Identifier 2009-NM-
189-AD.

Comments Due Date

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

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, 
B2-203, B4-2C, B4-103, B4-203, B4-601, B4-603, B4-620, B4-622, B4-
605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F airplanes; 
and Model A310-203, -204, -221, -222, -304, -322, -324, and -325 
airplanes; certificated in any category, all certified models and 
all serial numbers on which any Crissair check valve part number 
2S2794-1 is installed.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic Power; and 26: Fire Protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    In the past, some operators have reported difficulties to 
pressurise the hydraulic reservoirs, due to leakage of the Crissair 
reservoir air pressurization check valves. In some cases, the air 
conditioning system was contaminated with hydraulic mist. The 
leakage of the check valves was caused by an incorrect spring 
material. The affected Crissair check valves Part Number (P/N) 
2S2794 were then replaced with improved check valves P/N 2S2794-1 in 
accordance with Airbus Service Information Letter 29-020.
    More recently, similar issues were again reported on aeroplanes 
with Crissair check valves P/N 2S2794-1 installed. The 
investigations carried out on those check valves have shown that a 
spring, mounted inside the valve, does not meet the Airbus type 
design specifications.
    This situation, if not corrected, can cause hydraulic system 
functional degradation, possibly resulting in reduced control of the 
aeroplane when combined with an air duct leak, air conditioning 
system contamination or, if installed, malfunction of the fire 
extinguishing system in the Class `C' cargo compartment.
    For the reasons described above, EASA [European Aviation Safety 
Agency] AD 2008-0166 was issued to require the inspection of the 
Crissair check valves P/N 2S2794-1, to identify serial numbers (s/n) 
and the replacement of the affected ones with serviceable units.
    Later on, further investigation by the vendor Crissair revealed 
more suspect check valves P/N 2S2794-1. Based on this, it was 
concluded that EASA AD 2008-0166 did not adequately address the 
unsafe condition and also did not correctly identify the Functional 
Item Numbers (FIN) of the various aeroplane installations of the 
affected valves. Consequently, EASA AD Cancellation Notice No.: 
2008-0166-CN was issued on 29 October 2008 to cancel EASA AD 2008-
0166.
    An updated list of suspect check valves with P/N 2S2794-1 has 
now been issued by Crissair Inc., the manufacturer. Consequently, 
this EASA AD requires the identification of the check valves by s/n 
and the replacement of the affected ones with serviceable units.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable compliance time specified in Table 1 of 
this AD: For Crissair check valves, P/N 2S2794-1, identify the 
serial number using Appendix 1 of the applicable service bulletin 
identified in Table 2 of this AD, in accordance with the 
Accomplishment Instructions in the applicable service bulletin 
identified in Table 2 of this AD. Except as provided by paragraph 
(f)(2) of this AD, for any valve having a serial number listed in 
Appendix 1 of the applicable service bulletin identified in Table 2 
of this AD, before further flight, install a new or modified check 
valve in accordance with the applicable service bulletin identified 
in Table 2 of this AD.

               Table 1--Affected Check Valve Installation
------------------------------------------------------------------------
   Affected check valve installation,
   identified by FIN (functional item            Compliance time
                number)
------------------------------------------------------------------------
(i) Airplanes having Hydraulic System    Within 4 months after the
 with FIN 29/1388, FIN 29/2388 and FIN    effective date of this AD.
 29/3388.
(ii) Cargo Compartment Fire              Within 4 months after the
 Extinguishing System, equipped with      effective date of this AD.
 Flow Metering System (A310 and A300-
 600 airplanes having
 ``post[dash]Airbus modification
 06403'' only) FIN 26/0203.

[[Page 8554]]

 
(iii) Airplanes having Hydraulic System  Within 30 months after the
 with FIN 29/1378, FIN 29/1382 and FIN    effective date of this AD.
 29/1394.
(iv) Hydraulic System (A300 airplanes    Within 30 months after the
 having configuration 01                  effective date of this AD.
 ``pre[dash]Airbus modification 03079''
 only) FIN 29/1381.
------------------------------------------------------------------------

    (2) Check valves P/N 2S2794-1 marked with an ``R'' have already 
been modified in accordance with Crissair Service Bulletin 20070407-
29-1 and do not need to be replaced. Check valves with P/N 2S2794 
are not affected and do not need to be replaced.
    (3) As of the effective date of this AD, no person may install 
any Crissair check valve, P/N 2S2794-1, on any airplane unless it 
has a serial number other than those listed in Appendix 1 of the 
applicable service bulletin identified in Table 2 of this AD, or 
unless check valve P/N 2S2794-1 is marked with an ``R.''

                                          Table 2--Service Information
----------------------------------------------------------------------------------------------------------------
                                     Airbus Mandatory Service
          Airbus model--                    Bulletin--            Revision--                 Dated--
----------------------------------------------------------------------------------------------------------------
A300 airplanes....................  A300-29-0124, including                 02  March 10, 2009.
                                     Appendices 1, 2, and 3.
A300-600 airplanes................  A300-29-6060, including                 01  March 10, 2009.
                                     Appendices 1, 2, and 3.
A310 airplanes....................  A310-29-2097, including                 01  March 19, 2009.
                                     Appendices 1, 2, and 3.
----------------------------------------------------------------------------------------------------------------

    (4) Submit an inspection report of the inspection required by 
paragraph (f)(1) of this AD to Airbus Customer Services Directorate, 
1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; 
telephone +33 5 61 93 33 33; fax +33 5 61 93 42 51; e-mail: 
<a href="/cdn-cgi/l/email-protection#f78495d98592879885839e9990b7969e85958284d994989a"><span class="__cf_email__" data-cfemail="6516074b1700150a17110c0b0225040c170710164b060a08">[email protected]</span></a>; at the applicable time specified in 
paragraph (f)(4)(i) or (f)(4)(ii) of this AD. The report must 
include the information specified on the inspection report sheet 
provided in the applicable service bulletin identified in Table 2 of 
this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI states not to install the part 
identified in paragraph (f)(3) of this AD after accomplishing the 
actions specified in paragraph (f)(1) of this AD, this AD prohibits 
installation of the part as of the effective date of this AD.

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: Dan 
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-2125; 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 MCAI EASA Airworthiness Directive 2009-0171, dated 
August 5, 2009; and the service bulletins identified in Table 2 of 
this AD; for related information.

    Issued in Renton, Washington, on February 17, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-3817 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-13-P


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