Airworthiness Directives; Airbus Model A330-200 and -300, and Model A340-200, -300, -500 and 600 Series Airplanes, 68737-68741 [E9-30649]

Download as PDF cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules load combination operations. There are no specific requirements in the airworthiness standards for this type of pilot position. Therefore, if the auxiliary control station is equipped with flight controls— (1) The rotorcraft must be safely controllable by the auxiliary controls, throughout the range of the auxiliary controls. (2) The auxiliary controls may not interfere with the safe operation of the rotorcraft by the pilot or copilot when the station is not occupied. (3) The auxiliary control station and its associated equipment must allow the operator to perform his or her duties without unreasonable concentration or fatigue. (4) The vibration and noise characteristics of the auxiliary control station appurtenances must not interfere with the operator’s assigned duties to an extent that would make the operation unsafe. (5) The auxiliary control station must be arranged to give the operator sufficiently extensive, clear, and undistorted view for safe operation. The station must be free of glare and reflection that could interfere with the operator’s view. (6) There must be provisions to prevent unintentional movement of the controls when the rear-facing aft-stick operator’s seat is occupied by other than essential crewmembers during other than external-load operations. (k) Quick-Release Devices. The S–64 is specifically designed for rotorcraft load combination operations with particular weight-specified hard points designed into the airframe. Because of this unusual design, when quick release devices are required under 14 CFR part 133, it must enable the pilot to release the external-load quickly during flight. The quick-release system must comply with the following: (1) An activating control for the quickrelease system must be installed on one of the pilot’s primary controls and must be designed and located so it may be operated by the pilot without hazardously limiting his or her ability to control the rotorcraft during an emergency situation. (2) An alternative independent activating control for the quick-release system must be provided and must be readily accessible to the pilot or a crewmember. (3) The design of the quick-release system must ensure that failure, which could prevent the release of external loads, is extremely improbable. (4) The quick-release system must be capable of functioning properly after failure of all engines. VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 (5) The quick-release system must function properly with external loads up to and including the maximum weight for which certification is requested. (6) The quick-release system must include a means to check for proper operation of the system at established intervals. (l) Maximum Weight with External Load. When establishing compliance with § 29.25, the maximum weight of the rotorcraft-load combination for operations with external loads must be established by the applicant and may not exceed the weight at which compliance with all applicable requirements has been shown. (m) External Load Jettisoning. The external load must be jettisonable to the maximum weight for which the helicopter has been type certificated for operation without external loads or with Class A loads. (n) Minimum Flight Crew. To meet the requirements of § 29.1523, the minimum flight crew consists of a pilot and a copilot. For pick up of the external-load and on-site maneuvering and release of the external-load, the copilot may act as the aft-facing hoist operator. (o) Occupancy. When engaged in operations other than external-load operations under 14 CFR part 133, the carriage of passengers in the two observer seats and the rear-facing aftstick operator’s seat, when the aft-stick operator’s controls are disengaged and the collective guard is installed, will be controlled by the FAA operating requirements applicable to that particular operation. (p) Operations. The S–64 meets the Category B fire protection requirements for structures and controls in lieu of Category A requirements. Therefore, when operating over congested areas, the rotorcraft must be operated at an altitude and over routes that provide suitable landing areas that can be reached in no more than 5 minutes. (q) Markings and Placards. For purposes of rotorcraft load combination operations, the following markings and placards must be displayed conspicuously and must be applied so they cannot be easily erased, disfigured, or obscured. (1) A placard, plainly visible to appropriate crewmembers, referring to the helicopter flight manual limitations and restrictions for rotorcraft load combinations allowed under 14 CFR part 133. (2) A placard, marking, or instructions (displayed next to the external-load attaching means) stating the maximum external-load prescribed as an operating limitation for rotorcraft load PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 68737 combinations allowed under 14 CFR part 133. (3) A placard in the cockpit prescribing the occupancy limitation during rotorcraft load combination operations under 14 CFR part 133. Issued in Fort Worth, TX, on December 17, 2009. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service, ASW–100. [FR Doc. E9–30794 Filed 12–28–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1215; Directorate Identifier 2009–NM–126–AD] 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), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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. * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by February 12, 2010. E:\FR\FM\29DEP1.SGM 29DEP1 68738 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed 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. You may review copies of the referenced 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. economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Examining the AD Docket 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. ADDRESSES: cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 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 this proposed AD, 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. 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: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–1215; Directorate Identifier 2009–NM–126–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009–0064, dated March 12, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: You may obtain further information by examining the MCAI in the AD docket. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Relevant Service Information Airbus has issued Mandatory Service Bulletin A330–26–3040, Revision 02, dated August 6, 2008; Mandatory Service Bulletin A340–26–4038, Revision 02, dated August 6, 2008; and Mandatory Service Bulletin A340–26– 5019, Revision 03, dated May 19, 2009. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. 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 proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 32 products of U.S. registry. We also estimate that it would take about 13 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would 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 costs. 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 the E:\FR\FM\29DEP1.SGM 29DEP1 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules proposed AD on U.S. operators to be $55,936, or $1,748 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 cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 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 proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: Airbus: Docket No. FAA–2009–1215; Directorate Identifier 2009–NM–126–AD. Comments Due Date (a) We must receive comments by February 12, 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 Airbus 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 Service Bulletin— Airbus model— A330–200 and –300 airplanes ......................................................................... A340–200 and –300 airplanes ......................................................................... A340–500 and –600 airplanes ......................................................................... VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 68739 Revision— A330–26–3040 A340–26–4038 A340–26–5019 E:\FR\FM\29DEP1.SGM Dated— 02 02 03 29DEP1 August 6, 2008. August 6, 2008. May 19, 2009. 68740 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules (i) For airplanes fitted with Halon dualfilter 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 A340–26–4030. 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 A340–26–4030. (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 A340–26–5019 ...................................................................... Service Bulletin A330–26–3040 ........................................................................................ Service Bulletin A330–26–3040 ........................................................................................ Service Bulletin A340–26–4038 ........................................................................................ Service Bulletin A340–26–4038 ........................................................................................ Service Bulletin A340–26–5019 ........................................................................................ Service Bulletin A340–26–5019 ........................................................................................ 02 ...................................... Original ............................. 01 ...................................... Original ............................. 01 ...................................... Original ............................. 01 ...................................... August 6, 2008. March 29, 2007. December 19, 2007. March 29, 2007. December 19, 2007. July 27, 2007. 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 cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 A330–26–3040 ..................................................................................................................................... A340–26–4038 ..................................................................................................................................... A340–26–5019 ..................................................................................................................................... VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\29DEP1.SGM Date 02 02 03 29DEP1 August 6, 2008. August 6, 2008. May 19, 2009. Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules Issued in Renton, Washington, on December 16, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–30649 Filed 12–28–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1214; Directorate Identifier 2009–NM–091–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. (Type Certificate Previously Held by Avro International Aerospace Division; British Aerospace, PLC; British Aerospace Commercial Aircraft Limited; British Aerospace (England)) Model BD–100–1A10 (Challenger 300) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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: There has been an incident during a production flight test where the proximitysensor electronic unit (PSEU) failed. This resulted in unannunciated loss of: • Wheel brakes below 10 knots; • Thrust reverser; • Nose wheel steering; and • Auto-deployment of the multi-function spoilers. A similar condition, if not corrected, may result in reduced controllability of the aircraft upon landing and possible overrun of the runway. cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by February 12, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 68741 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Bombardier, ˆ Inc., 400 Cote-Vertu Road West, Dorval, ´ Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; e-mail thd.crj@aero.bombardier.com; Internet http://www.bombardier.com. You may review copies of the referenced 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. authorities of other countries to provide adequate time for interested parties to submit comments. The comment period for these proposed ADs is now typically 45 days, which is consistent with the comment period for domestic transport ADs. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Examining the AD Docket There has been an incident during a production flight test where the proximitysensor electronic unit (PSEU) failed. This resulted in unannunciated loss of: • Wheel brakes below 10 knots; • Thrust reverser; • Nose wheel steering; and • Auto-deployment of the multi-function spoilers. A similar condition, if not corrected, may result in reduced controllability of the aircraft upon landing and possible overrun of the runway. The original issue of this [Canadian] directive mandated the introduction of nonnormal procedures to the airplane flight manual (AFM) as an interim corrective action to address PSEU failures. Revision 1 of this directive amends the aircraft applicability and introduces a note providing terminating action, for use at operator discretion, if the aircraft has incorporated a PSEU with software version 12 in accordance with Bombardier Service Bulletin (SB) 100–32–12. 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 this proposed AD, 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. FOR FURTHER INFORMATION CONTACT: Bruce Valentine, Aerospace Engineer, Avionics and Flight Test Branch, ANE– 172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7328; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–1214; Directorate Identifier 2009–NM–091–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We have lengthened the 30-day comment period for proposed ADs that address MCAI originated by aviation PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2005–12R1, dated December 23, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Bombardier has issued Temporary Revision TR–39, dated March 2, 2005, to the Bombardier Challenger 300 AFM, CSP 100–1. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the E:\FR\FM\29DEP1.SGM 29DEP1

Agencies

[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68737-68741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30649]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1215; Directorate Identifier 2009-NM-126-AD]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 12, 
2010.

[[Page 68738]]


ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 this proposed AD, 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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1215; 
Directorate Identifier 2009-NM-126-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0064, dated March 12, 2009 (referred to 
after this as ``the MCAI''), 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 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.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-26-3040, Revision 
02, dated August 6, 2008; Mandatory Service Bulletin A340-26-4038, 
Revision 02, dated August 6, 2008; and Mandatory Service Bulletin A340-
26-5019, Revision 03, dated May 19, 2009. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 32 products of U.S. registry. We also estimate that 
it would take about 13 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would 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 costs. 
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 the

[[Page 68739]]

proposed AD on U.S. operators to be $55,936, or $1,748 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2009-1215; Directorate Identifier 2009-NM-
126-AD.

Comments Due Date

    (a) We must receive comments by February 12, 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 Airbus 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              02  August 6, 2008.
A340-200 and -300 airplanes........        A340-26-4038              02  August 6, 2008.
A340-500 and -600 airplanes........        A340-26-5019              03  May 19, 2009.
----------------------------------------------------------------------------------------------------------------


[[Page 68740]]

    (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 
A340-26-4030. 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-
4030.

    (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 A340-26- 02...................................  August 6, 2008.
 5019.
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 A340-26-5019.....  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                            Date
----------------------------------------------------------------------------------------------------------------
A330-26-3040.................................              02  August 6, 2008.
A340-26-4038.................................              02  August 6, 2008.
A340-26-5019.................................              03  May 19, 2009.
----------------------------------------------------------------------------------------------------------------


[[Page 68741]]


    Issued in Renton, Washington, on December 16, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30649 Filed 12-28-09; 8:45 am]
BILLING CODE 4910-13-P