Airworthiness Directives; Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 Airplanes, Model A340-211, -212, -213, -311, -312, and -313 Airplanes, and Model A340-541 and -642 Airplanes, 3420-3423 [2010-1044]

Download as PDF 3420 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS determine a new safe life (remaining fatigue life) for individual units. The revised safe life was calculated in accordance with the formula provided in associated APPH Ltd (the NLG Jack manufacturer) SB 32–76. Following the completion of testing, APPH determined that the remaining fatigue life needed further reduction and published inspection criteria and a revised formula for calculating the piston safe life. This calculation and a revised end fitting tightening torque are contained in APPH SB 32–76 Revision 1. As a result, pistons which were previously calculated to have significant remaining life could possibly be unserviceable. In response to this development, BAE Systems issued SB 32–JA030644 so that a revised calculation could be performed to establish the safe life of NLG steering jack pistons. Where not previously accomplished, the SB also recognised the need to inspect the piston for cracking and to measure the torque loading of the piston to eye-end joint so that safe life calculation could be performed. This SB superseded the earlier SB 32–JA020741 that produced an overly optimistic assessment of the component’s safe life. The CAA UK issued AD G–2004– 0029, superseding AD 003–11–2002, to require the accomplishment of these corrective actions. Subsequent to the original issue of BAE Systems SB 32–JA030644, APPH introduced a modified unit (optionally installed on aeroplanes by application of BAE Systems SB 32–JM5414) that incorporates a strengthened piston with a defined safe life. This safe life is not calculated in accordance with the instructions of BAE Systems SB 32– JA030644, but is already declared in BAE Systems SB 32–JA981042, currently at revision 7. In response to requests for clarification, BAE Systems has revised SB 32–JA030644 to exclude those aeroplanes from the ‘Effectivity’ that have the modified steering jack assembly installed in accordance with BAE modification JM5414. For the reasons described above, this new AD retains the requirements of UK CAA AD G–2004–0029, which is superseded, and confirms that for aeroplanes incorporating BAE modification JM5414, no further action is required. Actions and Compliance (f) Unless already done, do the following actions. (1) For airplanes where British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002 (APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003) has not been previously accomplished: (i) Within 2 months after June 26, 2007 (the effective date retained from AD 2007–10–14), inspect the steering jack piston rod, check the torque of the end fitting, and determine the safe life of the steering jack piston rod in accordance with paragraph 2, Part 1 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008; or BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32– JA030644, Original Issue: October 6, 2003. VerDate Nov<24>2008 17:06 Jan 20, 2010 Jkt 220001 (ii) If the piston rod is found cracked or unserviceable during the inspection as required by paragraph (f)(1)(i) of this AD, before next flight, remove the steering jack and replace it with a serviceable unit. (2) For airplanes on which BAE British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002 (APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003) has previously been accomplished: (i) Within 3 months after June 26, 2007 (the effective date of AD 2007–10–14), recalculate the safe life of the steering jack piston rod and re-torque the piston rod eye-end in accordance with paragraph 2, Part 2 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008; or BAE Systems British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32– JA030644, Original Issue: October 6, 2003. (ii) If the piston rod is found unserviceable during the inspection as required by paragraph (f)(2)(i) of this AD, before next flight, remove the steering jack and replace it with a serviceable unit. (3) For airplanes equipped with steering jack part number (P/N) 6182–2, P/N 6182–3, or P/N 6182–4 incorporating Strike-off 4, installed by BAE Systems modification JM5414 (refer to British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32– JM5414, dated August 6, 2004; and APPH Ltd. Bulletin 32–77, dated January 2004): The actions specified in paragraph (f)(1)(i) or (f)(1)(ii) of this AD are not required. (4) For all airplanes: After June 26, 2007 (the effective date of AD 2007–10–14), do not install a steering jack piston rod with P/N 6182–2, P/N 6182–3, or P/N 6182–4, unless it has been inspected and the safe life determined in accordance with paragraph 2 of British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1, dated August 19, 2008. (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2009–0135, dated June 23, 2009; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA020741, dated November 2, 2002; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JA030644, Revision No. 1 dated August 19, 2008; British Aerospace Jetstream Series 3100 & 3200 Service Bulletin No. 32–JM5414, dated August 6, 2004. APPH Ltd. Service Bulletin 32–76, Revision 1, dated August 2003; and APPH Ltd. Service Bulletin 32–77, dated January 2004, for related information. Issued in Kansas City, Missouri on January 13, 2010. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–1086 Filed 1–20–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0041; Directorate Identifier 2009–NM–218–AD] FAA AD Differences RIN 2120–AA64 Note: This AD differs from the MCAI and/ or service information as follows: No differences. Airworthiness Directives; Airbus Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 Airplanes, Model A340–211, –212, –213, –311, –312, and –313 Airplanes, and Model A340–541 and –642 Airplanes Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, 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: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; fax: (816) 329– 4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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: Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number) E:\FR\FM\21JAP1.SGM 21JAP1 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules 0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s). This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC). * * * * * Loss or fluctuation of indicated airspeed could result in misleading information provided to the flightcrew. 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 March 8, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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 W12–140, 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 https://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. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 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–2010–0041; Directorate Identifier 2009–NM–218–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 https:// 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 mstockstill on DSKH9S0YB1PROD with PROPOSALS Examining the AD Docket The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency Airworthiness Directive 2009–0202–E, dated September 21, 2009, and corrected September 22, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: You may examine the AD docket on the Internet at https:// 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. Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number) 0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s). This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC). As a precautionary measure, this AD requires a torque check of the pneumatic quick-disconnect union on certain Goodrich VerDate Nov<24>2008 17:06 Jan 20, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 3421 P/N 0851HL pitot probes and corrective action, depending on findings. * * * * * Loss or fluctuation of indicated airspeed could result in misleading information provided to the flightcrew. If the quickdisconnect union fitted on the pitot probe is not adequately torqued, the corrective action includes applying torque. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued All Operators Telexes A330–34A3235 (for Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes); A340– 34A4241 (for Model A340–211, –212, –213, –311, –312, and –313 airplanes); and A340–34A5074 (for Model A340– 541 and –642 airplanes); all Revision 1, all dated September 21, 2009. The actions described in the 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 E:\FR\FM\21JAP1.SGM 21JAP1 3422 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules affect about 47 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $3,760, or $80 per product. 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. 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. List of Subjects in 14 CFR Part 39 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 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–2010–0041; Directorate Identifier 2009–NM–218–AD. Subject (d) Air Transport Association (ATA) of America Code 34: Navigation. Reason (e) The mandatory continued airworthiness information (MCAI) states: Several reports have recently been received of loose pneumatic quick-disconnect unions on Goodrich pitot probes P/N (part number) 0851HL. These may be the result of mistorque of the affected unions at equipment manufacturing level. Investigations are still on-going to determine the root cause(s). This condition, if not corrected, could lead to an air leak, resulting in incorrect total pressure measurement and consequent erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the Air Data Computer (ADC). As a precautionary measure, this AD requires a torque check of the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL pitot probes and corrective action, depending on findings. * * * * * Loss or fluctuation of indicated airspeed could result in misleading information provided to the flightcrew. If the quickdisconnect union fitted on the pitot probe is not adequately torqued, the corrective action includes applying torque. Compliance Comments Due Date (a) We must receive comments by March 8, 2010. Affected ADs (b) None. (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Actions Applicability (c) This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in any category; all manufacturer serial numbers; with pitot probes having Goodrich part number (P/N) 0851HL, serial numbers 267328 through 270714 inclusive. (1) Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes. (2) Model A340–211, –212, –213, –311, –312, and –313 airplanes. (3) Model A340–541 and –642 airplanes. (g) At the time specified, do the following actions. (1) Within 14 days after the effective date of this AD: Perform a torque check of the pneumatic quick-disconnect union of each pitot probe having Goodrich P/N 0851HL to determine if the torque is adequate, in accordance with the instructions of the applicable service information specified in Table 1 of this AD. Before further flight, do all applicable corrective actions in accordance with the instructions of the applicable service information specified in Table 1 of this AD. TABLE 1—AIRBUS SERVICE INFORMATION mstockstill on DSKH9S0YB1PROD with PROPOSALS Airbus All Operators Telex Revision A330–34A3235 (for Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –341, –342, and –343 airplanes). A340–34A4241 (for Model A340–211, –212, –213, –311, –312, and –313 airplanes) ................................. A340–34A5074 (for Model A340–541 and –642 airplanes) ........................................................................... (2) Within 30 days after performing the torque check required by paragraph (g)(1) of this AD, or within 30 days after the effective date of this AD, whichever occurs later: Report the torque check results to Airbus, including no findings, as specified in the VerDate Nov<24>2008 17:06 Jan 20, 2010 Jkt 220001 instructions of the applicable service information listed in Table 1 of this AD. (3) Actions done before the effective date of this AD in accordance with Airbus All Operators Telexes A330–34A3235, A340– 34A4241, and A340–34A5074, all dated PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Dated 1 September 21, 2009. 1 1 September 21, 2009. September 21, 2009. September 10, 2009, are acceptable for compliance with the corresponding requirements in paragraph (g)(1) of this AD. (4) As of the effective date of this AD, no person may install a pitot probe having Goodrich P/N 0851HL on any airplane, E:\FR\FM\21JAP1.SGM 21JAP1 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Proposed Rules unless the actions required by paragraph (g)(1) of this AD have been done. ENVIRONMENTAL PROTECTION AGENCY FAA AD Differences 40 CFR Part 55 Note 1: This AD differs from the MCAI and/or service information as follows: Where the MCAI includes a compliance time of ‘‘5 days,’’ we have determined that a compliance time of ‘‘within 14 days after the effective date of the AD’’ is appropriate. The manufacturer and EASA agree with this expansion in compliance time. Other FAA AD Provisions (h) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, 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, FAA, Transport Airplane Directorate, 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 appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information mstockstill on DSKH9S0YB1PROD with PROPOSALS (i) Refer to MCAI Airworthiness Directive 2009–0202–E, dated September 21, 2009, and corrected September 22, 2009; and the service information specified in Table 1 of this AD; for related information. Issued in Renton, Washington, on December 30, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–1044 Filed 1–20–10; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 17:06 Jan 20, 2010 Jkt 220001 [EPA–R10–OAR–2009–0799; FRL–9095–7] Outer Continental Shelf Air Regulations Consistency Update for Alaska AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to include in the regulations the revised applicability dates in the emissions user fees provision in 18 AAC 50.410. Requirements applying to Outer Continental Shelf (‘‘OCS’’) sources located within 25 miles of States’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (‘‘COA’’), as mandated by section 328(a)(1) of the Clean Air Act (‘‘the Act’’). The portion of the OCS air regulations that is being updated pertains to the emission user fee requirements for OCS sources operating off of the State of Alaska. The intended effect of approving the OCS requirements for the State of Alaska is to regulate emissions from OCS sources in a manner consistent with the requirements onshore. The change to the existing requirements discussed below is incorporated by reference into the regulations and is listed in the appendix to the OCS air regulations. DATES: Written comments must be received on or before February 22, 2010. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R10–OAR–2009–0799, by one of the following methods: A. Federal eRulemaking Portal: https://www.regulations.gov: Follow the on-line instructions for submitting comments; B. E-Mail: greaves.natasha@epa.gov; C. Mail: Natasha Greaves, Federal and Delegated Air Programs Unit, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT–107, Seattle, WA 98101; D. Hand Delivery: U.S. Environmental Protection Agency Region 10, Attn: Natasha Greaves (AWT–107), 1200 Sixth Avenue, Seattle, Washington 98101, 9th Floor. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 3423 instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Natasha Greaves, Federal and Delegated Air Programs Unit, Office of Air, Waste, and Toxics, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT–107, Seattle, WA 98101; telephone number: (206) 553–7079; email address: greaves.natasha@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the direct final action, of the same title, which is located in the Rules section of this Federal Register. EPA is incorporating 18 AAC 50.410 as amended through June 18, 2009 as a direct final rule without prior proposal because EPA views this as noncontroversial and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if we receive adverse comments on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Administrative Requirements Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of States’ seaward boundaries that are the same as onshore air control requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA’s role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the Clean Air Act. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of policy discretion by EPA. For that reason, this action: E:\FR\FM\21JAP1.SGM 21JAP1

Agencies

[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Proposed Rules]
[Pages 3420-3423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1044]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0041; Directorate Identifier 2009-NM-218-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-201, -202, -203, -
223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 
Airplanes, Model A340-211, -212, -213, -311, -312, and -313 Airplanes, 
and Model A340-541 and -642 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:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number)

[[Page 3421]]

0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. 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 March 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 W12-140, 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 https://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 https://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, FAA, Transport Airplane Directorate, 
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-2010-0041; 
Directorate Identifier 2009-NM-218-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 https://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 
Emergency Airworthiness Directive 2009-0202-E, dated September 21, 
2009, and corrected September 22, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect union 
fitted on the pitot probe is not adequately torqued, the corrective 
action includes applying torque. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telexes A330-34A3235 (for Model 
A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes); A340-34A4241 (for Model A340-211, -212, 
-213, -311, -312, and -313 airplanes); and A340-34A5074 (for Model 
A340-541 and -642 airplanes); all Revision 1, all dated September 21, 
2009. The actions described in the 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

[[Page 3422]]

affect about 47 products of U.S. registry. We also estimate that it 
would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $3,760, or $80 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-2010-0041; Directorate Identifier 2009-NM-
218-AD.

Comments Due Date

    (a) We must receive comments by March 8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD; certificated in 
any category; all manufacturer serial numbers; with pitot probes 
having Goodrich part number (P/N) 0851HL, serial numbers 267328 
through 270714 inclusive.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Model A340-541 and -642 airplanes.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Several reports have recently been received of loose pneumatic 
quick-disconnect unions on Goodrich pitot probes P/N (part number) 
0851HL. These may be the result of mis-torque of the affected unions 
at equipment manufacturing level. Investigations are still on-going 
to determine the root cause(s).
    This condition, if not corrected, could lead to an air leak, 
resulting in incorrect total pressure measurement and consequent 
erroneous Calibrated Airspeed (CAS)/MACH parameters delivered by the 
Air Data Computer (ADC).
    As a precautionary measure, this AD requires a torque check of 
the pneumatic quick-disconnect union on certain Goodrich P/N 0851HL 
pitot probes and corrective action, depending on findings.
* * * * *
Loss or fluctuation of indicated airspeed could result in misleading 
information provided to the flightcrew. If the quick-disconnect 
union fitted on the pitot probe is not adequately torqued, the 
corrective action includes applying torque.

Compliance

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

Actions

    (g) At the time specified, do the following actions.
    (1) Within 14 days after the effective date of this AD: Perform 
a torque check of the pneumatic quick-disconnect union of each pitot 
probe having Goodrich P/N 0851HL to determine if the torque is 
adequate, in accordance with the instructions of the applicable 
service information specified in Table 1 of this AD. Before further 
flight, do all applicable corrective actions in accordance with the 
instructions of the applicable service information specified in 
Table 1 of this AD.

                   Table 1--Airbus Service Information
------------------------------------------------------------------------
  Airbus All Operators Telex     Revision               Dated
------------------------------------------------------------------------
A330-34A3235 (for Model A330-            1  September 21, 2009.
 201, -202, -203, -223, -243,
 -301, -302, -303, -321, -
 322, -323, -341, -342, and -
 343 airplanes).
A340-34A4241 (for Model A340-            1  September 21, 2009.
 211, -212, -213, -311, -312,
 and -313 airplanes).
A340-34A5074 (for Model A340-            1  September 21, 2009.
 541 and -642 airplanes).
------------------------------------------------------------------------

     (2) Within 30 days after performing the torque check required 
by paragraph (g)(1) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Report the torque 
check results to Airbus, including no findings, as specified in the 
instructions of the applicable service information listed in Table 1 
of this AD.
    (3) Actions done before the effective date of this AD in 
accordance with Airbus All Operators Telexes A330-34A3235, A340-
34A4241, and A340-34A5074, all dated September 10, 2009, are 
acceptable for compliance with the corresponding requirements in 
paragraph (g)(1) of this AD.
    (4) As of the effective date of this AD, no person may install a 
pitot probe having Goodrich P/N 0851HL on any airplane,

[[Page 3423]]

unless the actions required by paragraph (g)(1) of this AD have been 
done.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Where the MCAI includes a compliance time of ``5 days,'' we have 
determined that a compliance time of ``within 14 days after the 
effective date of the AD'' is appropriate. The manufacturer and EASA 
agree with this expansion in compliance time.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
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, 
FAA, Transport Airplane Directorate, 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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Airworthiness Directive 2009-0202-E, dated 
September 21, 2009, and corrected September 22, 2009; and the 
service information specified in Table 1 of this AD; for related 
information.

    Issued in Renton, Washington, on December 30, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-1044 Filed 1-20-10; 8:45 am]
BILLING CODE 4910-13-P
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