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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2010-0697; Directorate Identifier 2010-NM-102-AD; Amendment 39-16485; AD 2010-22-06]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (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) 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:

An A330 experienced an uncommanded engine #1 in flight spool down, which occurred while applying fuel gravity feed procedure, in response to low pressure indications from all fuel boost pumps, in both left and right wings.

The investigations revealed that the wing tank pressure switches P/N (part number) HTE69000-1 had frozen due to water accumulated in their external part, causing spurious low pressure indications.

As per procedure, the main pumps are then switched off, increasing the level of unavailable fuel. This, in combination with very low fuel quantities or another independent trapped fuel failure scenarios, can lead to fuel starvation on the affected engine(s). * * *

* * * * *

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

# DATES:

This AD becomes effective December 3, 2010.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 3, 2010.

# ADDRESSES:

                        You may examine the AD docket on the Internet at                         *http://www.regulations.com*                         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 July 13, 2010 (75 FR 39869). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:                

An A330 experienced an uncommanded engine #1 in flight spool down, which occurred while applying fuel gravity feed procedure, in response to low pressure indications from all fuel boost pumps, in both left and right wings.

The investigations revealed that the wing tank pressure switches P/N (part number) HTE69000-1 had frozen due to water accumulated in their external part, causing spurious low pressure indications.

                        As per procedure, the main pumps are then switched off, increasing the level of unavailable fuel. This, in combination with very low fuel quantities or another independent trapped fuel failure scenarios, can lead to fuel starvation on the affected engine(s). This condition, if not corrected, could lead to a potential unsafe condition.                              ( print page 66652)    

This AD requires the replacement of all four wing tank fuel pressure switches associated to main pumps by new ones with a more robust design preventing water accumulation and freezing.

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.

## Clarification of Applicability

We have specified the specific A330-200 models in the subject heading of this AD to indicate that Models A330-223F and A330-243F are not affected by this AD.

## Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We also determined that this change 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.

## Costs of Compliance

We estimate that this AD will affect about 48 products of U.S. registry. We also estimate that it will take about 7 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 $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 $28,560, or $595 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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2010-22-06 Airbus:**                             Amendment 39-16485. Docket No. FAA-2010-0697; Directorate Identifier 2010-NM-102-AD.                        

## Effective Date

(a) This airworthiness directive (AD) becomes effective December 3, 2010.

## Affected ADs

(b) None.

## Applicability

(c) This AD applies to Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes, certificated in any category, all manufacturer serial numbers, equipped with part number (P/N) HTE69000-1 wing tank pressure switches installed at Functional Item Number (FIN) locations 74QA1, 74QA2, 75QA1 or 75QA2.

## Subject

(d) Air Transport Association (ATA) of America Code 28: Fuel.

## Reason

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

An A330 experienced an uncommanded engine #1 in flight spool down, which occurred while applying fuel gravity feed procedure, in response to low pressure indications from all fuel boost pumps, in both left and right wings.

The investigations revealed that the wing tank pressure switches P/N HTE69000-1 had frozen due to water accumulated in their external part, causing spurious low pressure indications.

As per procedure, the main pumps are then switched off, increasing the level of unavailable fuel. This, in combination with very low fuel quantities or another independent trapped fuel failure scenarios, can lead to fuel starvation on the affected engine(s). * * *

* * * * *

## Compliance

                            (f) You are responsible for having the actions required by this AD performed within                                   ( print page 66653)                                the compliance times specified, unless the actions have already been done.                        

## Actions

(g) Within 5 years after the effective date of this AD, replace the wing tank main pump pressure switches having P/N HTE69000-1 in accordance with the Accomplishment Instructions of Airbus Mandatory Service Bulletin A330-28-3111, Revision 02, dated March 24, 2010.

(h) Actions accomplished before the effective date of this AD according to Airbus Mandatory Service Bulletin A330-28-3111, dated August 12, 2009; or Revision 01, dated December 4, 2009; are considered acceptable for compliance with the corresponding actions specified in this AD.

## FAA AD Differences

# Note 1:

 This AD differs from the MCAI and/or service information as follows: No differences

## 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: 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.                        

                            (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) Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2010-0018, dated February 4, 2010; and Airbus Mandatory Service Bulletin A330-28-3111, Revision 02, dated March 24, 2010; for related information.

## Material Incorporated by Reference

(k) You must use Airbus Mandatory Service Bulletin A330-28-3111, Revision 02, dated March 24, 2010, 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                             *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 October 13, 2010.

John Piccola,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2010-26553 Filed 10-28-10; 8:45 am]

BILLING CODE 4910-13-P