Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations 62219 

procedures specified in paragraph (l) of this 

AD. 

(j) Where paragraph 1.E. of Boeing Alert 

Service Bulletin 777–53A0054, dated August 

7, 2008, specifies to ‘‘contact Boeing for 

inspection requirements for operation 

beyond 60,000 total flight-cycles after first 

repaint,’’ for those airplanes, this AD requires 

contacting the Manager, Seattle Aircraft 

Certification Office (ACO), for all inspection 

requirements of this AD and doing the 

requirements. 

Report 

(k) At the applicable time specified in 

paragraph (k)(1) or (k)(2) of this AD: Submit 

a report of positive findings of cracks found 

during the inspection required by paragraph 

(g) of this AD to the Boeing Commercial 

Airplane Group, P.O. Box 3707, Seattle, 

Washington 98124–2207. Alternatively, 

operators may submit reports to their Boeing 

field service representatives. The report must 

contain, at a minimum, the inspection 

results, a description of any discrepancies 

found, the airplane serial number, and the 

number of flight cycles and flight hours on 

the airplane. 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 contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) 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. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, Seattle ACO, 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: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6577; fax (425) 

917–6590. Or, e-mail information to 9–ANM– 

Seattle-ACO–AMOC–Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(m) You must use Boeing Alert Service 

Bulletin 777–53A0054, dated August 7, 2008, 

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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.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 

November 12, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–28169 Filed 11–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1073; Directorate 

Identifier 2009–NM–174–AD; Amendment 

39–16097; AD 2007–15–06 R1] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318–111 and –112 Series Airplanes, 

and Model A319, A320, and A321 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD), 

which applies to all Airbus Model 

A318–111 and –112 series airplanes, 

and all Model A319, A320, and A321 

series airplanes. That AD currently 

requires revising the Airworthiness 

Limitations section of the Instructions 

for Continued Airworthiness to 

incorporate new limitations for fuel tank 

systems. This AD clarifies the intended 

effect of the AD on spare and onairplane fuel tank system components. 

This AD results from fuel system 

reviews conducted by the manufacturer. 

We are issuing this AD to prevent the 

potential of ignition sources inside fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: This AD is effective December 

14, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 14, 2009. 

On August 28, 2007 (72 FR 40222, 

July 24, 2007), the Director of the 

Federal Register approved the 

incorporation by reference of certain 

other publications listed in the AD. 

We must receive any comments on 

this AD by January 11, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 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: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 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: Tim 

Dulin, Aerospace Engineer, 


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International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On July 13, 2007, we issued AD 2007– 

15–06, Amendment 39–15135 (72 FR 

40222, July 24, 2007). That AD applied 

to all Airbus Model A318–111 and –112 

series airplanes, and all A319, A320, 

and A321 series airplanes. That AD 

required revising the Airworthiness 

Limitations section (ALS) of the 

Instructions for Continued 

Airworthiness to incorporate new 

limitations for fuel tank systems. 

Critical design configuration control 

limitations (CDCCLs) are limitation 

requirements to preserve a critical 

ignition source prevention feature of the 

fuel tank system design that is necessary 

to prevent the occurrence of an unsafe 

condition. The purpose of a CDCCL is 

to provide instruction to retain the 

critical ignition source prevention 

feature during configuration change that 

may be caused by alterations, repairs, or 

maintenance actions. A CDCCL is not a 

periodic inspection. 

Actions Since AD was Issued 

Since we issued that AD, we have 

determined that it is necessary to clarify 

the AD’s intended effect on spare and 

on-airplane fuel tank system 

components, regarding the use of 

maintenance manuals and instructions 

for continued airworthiness. 

Section 91.403(c) of the Federal 

Aviation Regulations (14 CFR 91.403(c)) 

specifies the following: 

No person may operate an aircraft for 

which a manufacturer’s maintenance manual 

or instructions for continued airworthiness 

has been issued that contains an 

airworthiness limitation section unless the 

mandatory * * * procedures * * * have 

been complied with. 

Some operators have questioned 

whether existing components affected 

by the new CDCCLs must be reworked. 

We did not intend for the AD to 

retroactively require rework of 

components that had been maintained 

using acceptable methods before the 

effective date of the AD. Owners and 

operators of the affected airplanes 

therefore are not required to rework 

affected components identified as 

airworthy or installed on the affected 

airplanes before the required revisions 

of the ALS. But once the CDCCLs are 

incorporated into the ALS, future 

maintenance actions on components 

must be done in accordance with those 

CDCCLs. 

Relevant Service Information 

AD 2007–15–06 cites Airbus A318/ 

A319/A320/A321 Fuel Airworthiness 

Limitations, Document 95A.1931/05, 

Issue 1, dated December 19, 2005; and 

Airbus A318/A319/A320/A321 ALS 

Part 5—Fuel Airworthiness Limitations, 

dated February 28, 2006. Since we 

issued that AD, Airbus has revised the 

referenced service information and 

issued Airbus A318/A319/A320/A321 

Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 2, dated 

July 8, 2008. 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 

The affected product(s) have been 

approved by the aviation authority of 

another country, and are approved for 

operation in the United States. 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. This 

new AD retains the requirements of the 

existing AD, and adds a new note to 

clarify the intended effect of the AD on 

spare and on-airplane fuel tank system 

components. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD would affect about 

720 products of U.S. registry. We also 

estimate that it would take about 2 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of the AD on U.S. operators to be 

$115,200, or $160 per product. 

FAA’s Justification and Determination 

of the Effective Date 

This revision merely clarifies the 

intended effect on spare and on-airplane 

fuel tank system components, and 

makes no substantive change to the 

AD’s requirements. For this reason, it is 

found that notice and opportunity for 

prior public comment for this action are 

unnecessary, and good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009–1073; Directorate Identifier 2009– 

NM–174–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 have 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 that the 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 AD and placed it in the AD docket. 


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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations 62221 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 part 39 of the Federal 

Aviation Regulations (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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing amendment 39–15135 (72 FR 

40222, July 24, 2007) and adding the 

following new AD: 

2007–15–06 R1 Airbus: Amendment 39– 

16097. Docket No. FAA–2009–1073; 

Directorate Identifier 2009–NM–174–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective December 14, 2009. 

Affected ADs 

(b) This AD revises AD 2007–15–06, 

Amendment 39–15135. 

Applicability 

(c) This AD applies to all Airbus Model 

A318–111 and –112 airplanes; Model A319– 

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–111, –211, –212, 

–214, –231, –232, and –233 airplanes; and 

Model A321–111, –112, –131, –211, –212, 

–213, –231, and –232 airplanes; certificated 

in any category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections and critical design 

configuration control limitations (CDCCLs). 

Compliance with the operator maintenance 

documents is required by 14 CFR 91.403(c). 

For airplanes that have been previously 

modified, altered, or repaired in the areas 

addressed by these inspections and CDCCLs, 

the operator may not be able to accomplish 

inspections and CDCCLs described in the 

revisions. In this situation, to comply with 14 

CFR 91.403(c), the operator must request 

approval for an alternative method of 

compliance according to paragraph (i) of this 

AD. The request should include a description 

of changes to the required inspections and 

CDCCLs that will preserve the critical 

ignition source prevention feature of the 

affected fuel system. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent the potential 

of ignition sources inside fuel tanks, which, 

in combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of AD 2007–15–06, With 

Revised Service Information 

Revise Airworthiness Limitations Section 

(ALS) To Incorporate Fuel 

Maintenance and Inspection Tasks 

(f) Within 3 months after August 28, 2007 

(the effective date of AD 2007–15–06), revise 

the ALS of the Instructions for Continued 

Airworthiness to incorporate Airbus A318/ 

A319/A320/A321 ALS Part 5—Fuel 

Airworthiness Limitations, dated February 

28, 2006, as defined in Airbus A318/A319/ 

A320/A321 Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 1, dated 

December 19, 2005 (approved by the 

European Aviation Safety Agency (EASA) on 

March 14, 2006), Section 1, ‘‘Maintenance/ 

Inspection Tasks;’’ or Airbus A318/A319/ 

A320/A321 Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 2, dated July 8, 

2008 (approved by the EASA on December 

19, 2008), Section 1, ‘‘Maintenance/ 

Inspection Tasks.’’ For all tasks identified in 

Section 1 of Document 95A.1931/05, the 

initial compliance times start from August 

28, 2007, and the repetitive inspections must 

be accomplished thereafter at the intervals 

specified in Section 1 of Document 

95A.1931/05. 

Note 2: Airbus Operator Information Telex 

(OIT) SE 999.0076/06, dated June 20, 2006, 

identifies the applicable sections of the 

Airbus A318/A319/A320/A321 Airplane 

Maintenance Manual necessary for 

accomplishing the tasks specified in Section 

1 of Document 95A.1931/05. 

Revise ALS To Incorporate CDCCLs 

(g) Within 12 months after August 28, 

2007, revise the ALS of the Instructions for 

Continued Airworthiness to incorporate 

Airbus A318/A319/A320/A321 ALS Part 5— 

Fuel Airworthiness Limitations, dated 

February 28, 2006, as defined in Airbus 

A318/A319/A320/A321 Fuel Airworthiness 

Limitations, Document 95A.1931/05, Issue 1, 

dated December 19, 2005 (approved by the 

EASA on March 14, 2006), Section 2, 

‘‘Critical Design Configuration Control 

Limitations;’’ or Airbus A318/A319/A320/ 

A321 Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 2, dated July 8, 

2008 (approved by EASA on December 19, 

2008), Section 2, ‘‘Critical Design 

Configuration Control Limitations.’’ 

No Alternative Inspections, Inspection 

Intervals, or CDCCLs 

(h) Except as provided by paragraph (i) of 

this AD: After accomplishing the actions 

specified in paragraphs (f) and (g) of this AD, 

no alternative inspections, inspection 

intervals, or CDCCLs may be used. 

New Information 

Explanation of CDCCL Requirements 

Note 3: Notwithstanding any other 

maintenance or operational requirements, 

components that have been identified as 

airworthy or installed on the affected 

airplanes before the revision of the ALS, as 

required by paragraphs (f) and (g) of this AD, 

do not need to be reworked in accordance 

with the CDCCLs. However, once the ALS 

has been revised, future maintenance actions 

on these components must be done in 

accordance with the CDCCLs. 

Other FAA AD Provisions 

(i) 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: Tim Dulin, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2141; 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 

(j) EASA Airworthiness Directive 2006– 

0203, dated July 11, 2006, also addresses the 

subject of this AD. 

Material Incorporated by Reference 

(k) You must use Airbus A318/A319/A320/ 

A321 Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 1, dated 

December 19, 2005; Airbus A318/A319/ 

A320/A321 Fuel Airworthiness Limitations, 

Document 95A.1931/05, Issue 2, dated July 8, 

2008; and Airbus A319/A319/A320/A321 

ALS Part 5—Fuel Airworthiness Limitations, 

dated February 28, 2006; 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 

Airbus A318/A319/A320/A321 Fuel 


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62222 Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Rules and Regulations 

Airworthiness Limitations, Document 

95A.1931/05, Issue 2, dated July 8, 2008, 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Airbus A318/A319/A320/A321 

Fuel Airworthiness Limitations, Document 

95A.1931/05, Issue 1, dated December 19, 

2005; and Airbus A319/A319/A320/A321 

ALS Part 5—Fuel Airworthiness Limitations, 

dated February 28, 2006; on August 28, 2007 

(72 FR 40222, July 24, 2007). 

(3) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 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: 

account.airworth-eas@airbus.com; Internet 

http://www.airbus.com. 

(4) 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. 

(5) 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 

November 16, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–28159 Filed 11–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0674; Directorate 

Identifier 2009–NE–25–AD; Amendment 39– 

16092; AD 2009–24–05] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc RB211–Trent 800 Series Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

Under certain ambient conditions, ice can 

accumulate on the walls of the fuel pipes 

within the aircraft fuel system, which can 

then be released downstream when fuel flow 

demand is increased. This released ice can 

then collect on the fuel-to-oil heat exchanger 

(FOHE) front face and limit fuel flow through 

the FOHE. 

We are issuing this AD to prevent ice 

from blocking the FOHE, which could 

result in an unacceptable engine power 

loss, and loss of control of the airplane. 

DATES: This AD becomes effective 

January 4, 2010. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of January 4, 2010. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

You can get the service information 

identified in this AD from Rolls-Royce 

plc, P.O. Box 31, DERBY, DE24 8BJ, UK; 

telephone 44 (0) 1332 242424; fax 44 (0) 

1332 249936. 

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 July 23, 2009 (74 FR 36422). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

This Airworthiness Directive has been 

raised following an incident involving dual 

loss of engine response in the final stages of 

approach leading to touchdown short of the 

runway. The phenomenon involved in the 

loss of engine response has also been seen in 

flight affecting just one engine. 

Post incident analysis and investigation 

has established that, under certain ambient 

conditions, ice can accumulate on the walls 

of the fuel pipes within the aircraft fuel 

system, which can then be released 

downstream when fuel flow demand is 

increased. This released ice can then collect 

on the FOHE front face and limit fuel flow 

through the FOHE. This type of icing event 

was previously unknown and creates ice 

concentrations in the fuel system beyond 

those specified in the certification 

requirements. 

To mitigate the risk of engine FOHE 

blockage, this AD requires replacing the 

FOHE, part number (P/N) 55003001–1 

or 55003001–11, with a FOHE that has 

been modified using Rolls-Royce plc 

Alert Service Bulletin (ASB) No. 

RB.211–79–AG257, Revision 1, dated 

September 14, 2009. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Eliminate ‘‘Or Equivalent’’ 

From Paragraph (e) 

Delta Airlines requests that we 

eliminate the words ‘‘or equivalent’’ 

from paragraph (e) of the proposed AD. 

We agree. We deleted them from 

paragraph (e) of the AD. 

Requests To List the Replacement 

FOHE P/N or Subsequent Post Alert 

Service Bulletin FOHE P/N 

American Airlines, Rolls-Royce plc, 

Boeing, and the Airlines Pilot 

Association (ALPA) request that we 

require replacing the FOHE, P/N 

55003001–1 or 55003001–11, with a 

FOHE P/N 55003001–21, or subsequent 

post Rolls-Royce plc ASB No. RB.211– 

79–AG257 FOHE P/N. 

We partially agree. Rulemaking 

requirements do not permit advance 

approval of unknown future revisions to 

service bulletins and part numbers. 

However, we agree that we can clarify 

the compliance to identify the 

modification needed to replace the 

FOHE. We changed paragraph (e) to 

state ‘‘Unless already done, within 6,000 

flight hours after the effective date of 

this AD, but no later than January 1, 

2011, replace the FOHE, P/N 55003001– 

1 or 55003001–11, with an FOHE 

modified using Rolls-Royce plc ASB No. 

RB.211–79–AG257, Revision 1, dated 

September 14, 2009. 

Request To Change the Summary and 

Discussion Paragraphs 

Boeing requests that we change the 

Summary and Discussion paragraphs 

from ‘‘under certain ambient conditions, 

ice can accumulate on the walls of the 

fuel pipes within the aircraft fuel 

system’’ to ‘‘under certain ambient 

conditions, ice can accumulate on the 

walls of the fuel pipes within the 

aircraft and/or engine fuel systems.’’ 

The commenter states that the current 

wording suggests that ice accumulation 

is possible only in the aircraft-side wing 

and strut fuel feed lines. Post incident 

analysis and investigation could not 

conclusively identify where in the feed 

lines ice accumulated, nor did it 

exclude the possibility of accumulation 


srobinson on DSKHWCL6B1PROD with RULES