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[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Rules and Regulations]               
[Page 39814-39818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy10-9]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1215; Directorate Identifier 2009-NM-126-AD; 
Amendment 39-16364; AD 2010-14-19]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330-200 and -300, and 
Model A340-200, -300, -500 and -600 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:

    * * * [P]artial blockage of the water absorbing filter element 
P/N (part number) 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 Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
would constitute an unsafe condition.
* * * * *

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

DATES: This AD becomes effective August 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 17, 
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 29, 2009 
(74 FR 68737). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    During the qualification test campaign at the supplier site of 
the prototype Flow

[[Page 39815]]

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 Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
would constitute an unsafe condition.
    To avoid water absorbing filter element blockage, this AD 
requires replacement [with improved dual-filter assemblies] or 
modification of the Halon dual-filter assemblies of the lower deck 
cargo compartment fire extinguishing system:

--In the forward cargo compartment for aeroplanes fitted with Lower 
Deck Cargo Compartment (LDCC) and
--In the bulk cargo compartment for aeroplanes fitted with Bulk 
Cargo Rest Compartment (BCRC) fire extinguishing system.

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 considered the comments received.

Support for the NPRM

    Delta Air Lines (DAL) supports the intent of the NPRM.

Request To Refer to Updated Revisions of Service Information

    Air Transport Association (ATA), on behalf of its member DAL, 
requests that we revise paragraph (f) of the NPRM to reference the most 
recent version of Airbus Mandatory Service Bulletin A330-26-3040 as an 
acceptable means of compliance.
    We agree to refer to Airbus Mandatory Service Bulletin A330-26-
3040, Revision 03, dated November 9, 2009. Airbus has also released 
Mandatory Service Bulletin A340-26-4038, Revision 03, dated November 9, 
2009; and Mandatory Service Bulletin A340-26-5019, Revision 04, dated 
December 11, 2009. The revisions introduce minor changes and add the 
Halon filter part number, but do not add any additional work. We have 
revised this final rule accordingly.

Request To Mandate a Specific Version of PALL Service Bulletin

    ATA, on behalf of its member DAL, states that it will be unable to 
fully comply because of an inconsistency in the PALL service 
information. DAL requests that we revise the NPRM to mandate a specific 
issue of PALL Service Bulletin 6753-20-2. DAL states that specifying a 
specific issue level is necessary because acceptable part numbers vary 
in the work instruction in the different issues of this PALL service 
bulletin.
    We disagree. Airbus has issued new service information, which 
specifies the specific part number, Halon filter having part number 
QA06753-03VSB or QA06753-03. The Airbus service information specified 
in Table 1 of this AD refers to PALL Service Bulletin 6753-20-2 only as 
an additional source of guidance for modifying the Halon dual-filter 
assembly. We have revised this final rule to include the latest version 
of the applicable Airbus service information and to provide credit for 
work done in accordance with previous revisions of the service 
information.

Request To Postpone Release of the Final Rule Until PALL Service 
Bulletin Is Revised

    ATA, on behalf of its member DAL, requests that we postpone 
releasing the final rule until PALL revises its service information. 
DAL states that the paragraph 2.D of PALL Service Bulletin 6753-20-2 
specifies when performing the modification in situ to continue to step 
7 after accomplishing an airplane leak check. DAL states that PALL 
Service Bulletin 6753-20-2 specifies to proceed to step 4 if not 
performing the modification in situ. However, DAL notes that steps 
2.D.7 and 2.D.8 state to remove tooling from the filter assembly, which 
is installed in step 5. DAL notes that if the modification is being 
performed in situ, then step 5 is not accomplished, and therefore, 
steps 7 and 8 cannot be accomplished.
    We do not agree to wait to issue the final rule until PALL releases 
a revised service bulletin. However, we agree that clarification may be 
necessary. We have coordinated with Airbus, and it has confirmed that 
PALL Service Bulletin 6753-20-2, Issue 4, dated November 21, 2009, 
contains a discrepancy in a note. Airbus states that when performing 
the work `on-wing,' operators using PALL Service Bulletin 6753-20-2, 
Issue 4, dated November 21, 2009, for guidance should go to step 9, not 
step 7. We have not changed the AD in regard to this issue.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 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.

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.

Costs of Compliance

    We estimate that this AD will affect 32 products of U.S. registry. 
We also estimate that it will take about 13 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $708 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 $58,016, or $1,813 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.

[[Page 39816]]

    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:

2010-14-19 Airbus: Amendment 39-16364. Docket No. FAA-2009-1215; 
Directorate Identifier 2009-NM-126-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes certificated in any category, 
identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342 and -343 airplanes, all serial 
numbers, except those on which Airbus modification 55590 has been 
embodied in production.
    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, 
and -642 airplanes, all serial numbers fitted with lower deck cargo 
compartment (LDCC), except those on which Airbus modification 55590 
has been embodied in production.
    (3) Airbus Model A340-311, -312, -313, -541, and -642 airplanes, 
all serial numbers fitted with bulk cargo rest compartment (BCRC), 
except those on which Airbus modification 56047 has been embodied in 
production.

    Note 1: The BCRC is embodied in production on Model A340-300, 
A340-500, and A340-600 airplanes through the following Airbus 
modification (including but not limited to): 47198, 47884, 48895, 
48710, 49136, 50107, 50900, 50901, or 51320.

    Note 2: The fire extinguishing system for the BCRC is embodied 
in production on Model A340-500 and A340-600 airplanes through Mod 
47197 (partial BCRC); on Model A340-500 and A340-600 airplanes 
through Mod 47883 (full BCRC); and on Model A340-300 airplanes 
through Mod 50108 (partial BCRC).

Subject

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

Reason

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

    During the qualification test campaign at the supplier site 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 Halon Dual-Filter 
Assembly installed also in the Flow Metering System (FMS) of the 
cargo compartment Fire Extinguishing System used in the A330 and 
A340 aeroplanes.
    Blockage of the water absorbing filter element could lead to 
reduction of Halon outflow, leading to incapacity to maintain fire 
extinguishing agent concentration. Combined with fire, this could 
result in an uncontrolled fire in the affected compartment, which 
would constitute an unsafe condition.
    To avoid water absorbing filter element blockage, this AD 
requires replacement [with improved dual-filter assemblies] or 
modification of the Halon dual-filter assemblies of the lower deck 
cargo compartment fire extinguishing system:

--In the forward cargo compartment for aeroplanes fitted with Lower 
Deck Cargo Compartment (LDCC) and
--In the bulk cargo compartment for aeroplanes fitted with Bulk 
Cargo Rest Compartment (BCRC) fire extinguishing system.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Replace or modify the Halon dual-filter assemblies of the 
flow metering fire extinguishing system in the forward and bulk 
cargo compartments, as applicable, in accordance with the 
Accomplishment Instructions of the applicable service bulletin 
identified in Table 1 of this AD, at the applicable time specified 
in paragraphs (f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD.

                                           Table 1--Service Bulletins
----------------------------------------------------------------------------------------------------------------
                                          Airbus mandatory
           Airbus model--                service bulletin--      Revision--                 Dated--
----------------------------------------------------------------------------------------------------------------
A330-200 and -300 airplanes.........  A330-26-3040...........              03  November 9, 2009.
A340-200 and -300 airplanes.........  A340-26-4038...........              03  November 9, 2009.
A340-500 and -600 airplanes.........  A340-26-5019...........              04  December 11, 2009.
----------------------------------------------------------------------------------------------------------------

[[Page 39817]]

     (i) For airplanes fitted with Halon dual-filter assemblies part 
number (P/N) QA06753: Within 18 months after the effective date of 
this AD.
    (ii) For Model A340-642 series airplanes, weight variant 101, 
102, and 103 fitted with Halon dual-filter assembly P/N QA06753-01 
or P/N QA06753-02: Within 18 months after the effective date of this 
AD.
    (iii) For airplanes other than those identified in paragraph 
(f)(1)(ii) of this AD and fitted with Halon dual-filter assembly P/N 
QA06753-01 or P/N QA06753-02: Within 24 months after the effective 
date of this AD.

    Note 3: The Halon dual-filter assembly P/N QA06753 is embodied 
in production through Airbus modification 40041. The Halon dual-
filter assembly P/N QA06753-01 is only embodied in service through 
Airbus Service Bulletin A330-26-3030 or Airbus Service Bulletin 
A340-26-4038. The Halon dual-filter assembly P/N QA06753-02 is 
embodied in production through modification 47197 or 47883 or 50108 
(BCRC) and 51065 or 51329 (LDCC) or in service through Airbus 
Service Bulletin A330-26-3030 or Airbus Service Bulletin A340-26-
4038.

    (2) Actions accomplished before the effective date of this AD 
according to the service bulletins listed in Table 2 of this AD are 
considered acceptable for compliance with the corresponding actions 
specified in this AD.

                                        Table 2--Credit Service Bulletins
----------------------------------------------------------------------------------------------------------------
                Airbus--                             Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
Mandatory Service Bulletin A330-26-3040.  02.............................  August 6, 2008.
Mandatory Service Bulletin A340-26-5019.  02.............................  August 6, 2008.
Mandatory Service Bulletin A340-26-5019.  03.............................  May 19, 2009.
Service Bulletin A330-26-3040...........  Original.......................  March 29, 2007.
Service Bulletin A330-26-3040...........  01.............................  December 19, 2007.
Service Bulletin A340-26-4038...........  Original.......................  March 29, 2007.
Service Bulletin A340-26-4038...........  01.............................  December 19, 2007.
Service Bulletin A340-26-4038...........  02.............................  August 6, 2008.
Service Bulletin A340-26-5019...........  Original.......................  July 27, 2007.
Service Bulletin A340-26-5019...........  01.............................  January 23, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows:

    (1) The second paragraph of the applicability of the MCAI 
specifies certain models except those on which Modification 55590 
has been done. Paragraph (c)(2) of this AD specifies those models 
fitted with lower deck cargo compartment (LDCC), except those on 
which Modification 55590 has been done.
    (2) Although the MCAI tells you to submit information to the 
manufacturer, this AD does not require such a submittal.

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 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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2009-0064, dated March 12, 2009, and the service 
information identified in Table 3 of this AD, for related 
information.

                  Table 3--Related Service Information
------------------------------------------------------------------------
   Airbus mandatory service
          bulletin--             Revision--            Dated--
------------------------------------------------------------------------
A330-26-3040..................           03  November 9, 2009.
A340-26-4038..................           03  November 9, 2009.
A340-26-5019..................           04  December 11, 2009.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information contained in Table 4 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

               Table 4--Material Incorporated by Reference
------------------------------------------------------------------------
   Airbus mandatory service
          bulletin--             Revision--            Dated--
------------------------------------------------------------------------
A330-26-3040..................           03  November 9, 2009.
A340-26-4038..................           03  November 9, 2009.
A340-26-5019..................           04  December 11, 2009.
------------------------------------------------------------------------

     (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

[[Page 39818]]

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 
airworthiness.A330-A340@airbus.com; 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 June 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16550 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P
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