[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39814-39818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16550]
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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
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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.
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[[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
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Airbus-- Revision-- Dated--
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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.
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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
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Airbus mandatory service
bulletin-- Revision-- Dated--
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A330-26-3040.................. 03 November 9, 2009.
A340-26-4038.................. 03 November 9, 2009.
A340-26-5019.................. 04 December 11, 2009.
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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.
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(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
[email protected]; 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