[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29121-29123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14308]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0262; Directorate Identifier 2008-NM-208-AD; 
Amendment 39-15946; AD 2009-13-07]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
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:

    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut * * * had been inverted 
(wrong orientation of the braking pin) during manufacturing process 
at the supplier.
    * * * This lug inversion could give the illusion of correct 
torque whereas the affected parts are not properly connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes an unsafe condition.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 24, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 24, 
2009.

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,

[[Page 29122]]

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 March 26, 2009 (74 
FR 13144). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut, part number (P/N) 
A2621005000200, had been inverted (wrong orientation of the braking 
pin) during manufacturing process at the supplier.
    The assembly nut P/N A2621005000200 is part of the engine fire-
extinguishing piping assembly. It connects the extinguisher 
discharge head with the piping. The lugs function is to prevent the 
connection untwisting once it has been hand-tightened with the 
correct torque. This lug inversion could give the illusion of 
correct torque whereas the affected parts are not properly 
connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes an unsafe condition.
    To restore connection integrity, this Airworthiness Directive 
(AD) requires a one-time general visual inspection of the affected 
nut assembly to detect and correct any wrong orientation of lugs.

The corrective actions include a temporary repair (restoration) and 
replacing the fire extinguisher bottle nut assembly with the braking 
pin in the inverted position, if necessary. 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.

Conclusion

    We reviewed the available data 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 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 4 products of U.S. registry. 
We also estimate that it will take about 9 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 
this AD to the U.S. operators to be $2,880, or $720 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

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:

2009-13-07 Airbus: Amendment 39-15946. Docket No. FAA-2009-0262; 
Directorate Identifier 2008-NM-208-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 24, 
2009.

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 
series airplanes, certificated in any category; having serial 
numbers 0845, 0850, 0851, 0852, 0853, 0854, 0855, 0857, 0858, 0859, 
0860, 0861, 0862, 0863, 0865, 0866, 0867, 0868, 0869, 0871, 0873, 
0875, 0876, 0877, 0879, 0881, 0882, 0883, 0884, 0885, 0887, 0888, 
0889, 0890, 0892, 0893, 0895, 0896, 0898, 0899, 0900, 0901, 0903, 
0904, 0905, 0906, 0907, 0908, 0909, 0911, 0913, 0914, 0915, 0916, 
0918, 0919, 0920, 0922, 0923, and 0951.

[[Page 29123]]

Subject

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

Reason

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

    During receipt of spare parts at the final assembly line, it was 
discovered that lugs of the assembly nut, part number (P/N) 
A2621005000200, had been inverted (wrong orientation of the braking 
pin) during manufacturing process at the supplier.
    The assembly nut P/N A2621005000200 is part of the engine fire-
extinguishing piping assembly. It connects the extinguisher 
discharge head with the piping. The lugs function is to prevent the 
connection untwisting once it has been hand-tightened with the 
correct torque. This lug inversion could give the illusion of 
correct torque whereas the affected parts are not properly 
connected.
    Loose connection could lead to loss of the fire extinguishing 
system integrity and therefore inability to ensure the adequate 
agent concentration. In combination with an engine fire event, it 
could result in a temporary uncontrolled engine fire, which 
constitutes an unsafe condition.
    To restore connection integrity, this Airworthiness Directive 
(AD) requires a one-time general visual inspection of the affected 
nut assembly to detect and correct any wrong orientation of lugs.

The corrective actions include a temporary repair (restoration) and 
replacing the fire extinguisher bottle nut assembly with the braking 
pin in the inverted position, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 900 flight hours after the effective date of this AD, 
perform a general visual inspection to detect any wrong orientation 
of the lugs of the fire extinguisher bottle nut assembly of both 
engines, and do all applicable corrective actions specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-26-3043, dated October 7, 2008.
    (i) Before further flight, if the correct nut assembly is 
available, replace the fire extinguisher bottle nut assembly.
    (ii) Before further flight, if the correct nut assembly is not 
available, do the temporary repair; and within 900 flight hours 
after doing the repair, replace the fire extinguisher bottle nut 
assembly with the correct one.
    (2) Submit a report of the findings of the inspection required 
by paragraph (f)(1) of this AD using Appendix 01 of Airbus Mandatory 
Service Bulletin A330-26-3043, dated October 7, 2008, at the 
applicable time specified in paragraph (f)(2)(i) or (f)(2)(ii) of 
this AD. Send the report to Airbus Department SEEE6, Airbus Customer 
Services Directorate, 1 Rond Point Maurice Bellonte, 31707 Blagnac 
Cedex France, Attn: SDC32 Technical Data and Documentation Services; 
fax 33 5 61 93 28 06; e-mail <a href="/cdn-cgi/l/email-protection#c6b5a4e8b4a3b6a9b4b2afa8a186a7afb4a4b3b5e8a5a9ab"><span class="__cf_email__" data-cfemail="f48796da8691849b86809d9a93b4959d86968187da979b99">[email protected]</span></a>.
    (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 accomplished prior to 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: No differences.

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.
    (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.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0196, dated October 27, 2008; and Airbus Mandatory 
Service Bulletin A330-26-3043, including Appendices 01, 2, and 3, 
dated October 7, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-26-3043, 
including Appendices 01, 2, and 3, dated October 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 
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 <a href="/cdn-cgi/l/email-protection#7e1f170c09110c0a1617101b0d0d503f4d4d4e533f4d4a4e3e1f170c1c0b0d501d1113"><span class="__cf_email__" data-cfemail="4e2f273c39213c3a2627202b3d3d600f7d7d7e630f7d7a7e0e2f273c2c3b3d602d2123">[email protected]</span></a>; 
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 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 June 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14308 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-13-P


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