[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12071-12072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4380]



[[Page 12071]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-26834; Directorate Identifier 2006-NM-235-AD; 
Amendment 39-14984; AD 2007-06-03]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330 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) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as an 
incomplete discharge of the extinguishing agent in the fire zone, which 
could lead, in the worst case, in combination with an engine fire, to a 
temporary uncontrolled engine fire. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective April 19, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 19, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to allow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.
    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 January 12, 2007 (72 
FR 1470). That NPRM proposed to require a one-time detailed visual 
inspection for the presence of the retaining-ring on the discharge head 
assembly of the engine fire extinguishing system, and repair if 
necessary. The MCAI states that one Model A330 operator discovered that 
the line connection to the discharge head could not be properly secured 
during engine fire bottle replacement, due to a missing retaining-ring. 
Inspections revealed that all four discharge-heads line connectors, two 
per engine, were missing the retaining-ring. It was confirmed later 
that it was a quality issue.
    The function of the retaining-ring is to secure a tight connection 
between the fire-extinguishing line and the discharge head. In absence 
of the retaining-ring, in case of activation of the fire extinguishing 
system, the pressure exerted by the agent on the pipe could compromise 
the tightness of the connection, leading to an incomplete discharge of 
the extinguishing agent in the fire zone.
    This situation if not corrected could lead, in the worst case, in 
combination with an engine fire, to a temporary uncontrolled engine 
fire which constitutes an unsafe condition.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter, Jonathan 
Frederick, supports the NPRM.

Conclusion

    We reviewed the available data, including the comments received, 
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 a U.S. court of 
law. 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 our FAA policies. Any such differences 
are described in a separate paragraph of the AD. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 27 products of U.S. registry. 
We also estimate that it will take about 4 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. 
Required parts will cost about $0 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of this AD to the U.S. operators to be $8,640, or 
$320 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,

[[Page 12072]]

or on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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://dms.dot.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 the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) 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:

2007-06-03 Airbus: Amendment 39-14984. Docket No. FAA-2007-26834; 
Directorate Identifier 2006-NM-235-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330 airplanes, all 
certified models, certificated in any category, all serial numbers 
up to 755 included.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that one Model A330 operator discovered that the line 
connection to the discharge head could not be properly secured 
during engine fire bottle replacement, due to a missing retaining-
ring. Inspections revealed that all four discharge-heads line 
connectors, two per engine, were missing the retaining-ring. It was 
confirmed later that it was a quality issue. The function of the 
retaining-ring is to secure a tight connection between the fire-
extinguishing line and the discharge head. In absence of the 
retaining-ring, in case of activation of the fire extinguishing 
system, the pressure exerted by the agent on the pipe could 
compromise the tightness of the connection, leading to an incomplete 
discharge of the extinguishing agent in the fire zone. This 
situation if not corrected could lead, in the worst case, in 
combination with an engine fire, to a temporary uncontrolled engine 
fire which constitutes an unsafe condition. The MCAI requires a one-
time detailed visual inspection for the presence of the retaining-
ring on the discharge head assembly of engine fire extinguishing 
system, and repair if necessary.

Actions and Compliance

    (e) Unless already done, do the following actions. Within 900 
flight hours from the effective date of this AD: On both engine 
pylons (left hand and right hand), for all four engine fire 
extinguisher bottles, two per engine pylon, perform a one-time 
detailed visual inspection for the presence of the retaining ring on 
the discharge head of the bottles and apply all applicable 
corrective actions, in accordance with instructions defined in 
Airbus Service Bulletin A330-26A3037, dated July 26, 2006. Do all 
applicable corrective actions before further flight. Aircraft on 
which the four engine fire extinguishing bottles, 2 per engine 
pylon, have been removed and re-installed at the opportunity of 
hydrostatic test of engine fire extinguishing as per Airbus A330 
Maintenance Review Board Report (MRBR) task 26.21.00/04, are not 
concerned by this AD.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
Attn: Todd Thompson, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Before using any AMOC approved in accordance with Sec.  39.19 
on any airplane to which the AMOC applies, notify the appropriate 
principal inspector in the FAA Flight Standards Certificate Holding 
District Office.
    (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, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Material Incorporated by Reference

    (g) You must use Airbus Service Bulletin A330-26A3037, excluding 
Appendix 01, dated July 26, 2006, 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, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-4380 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P