

[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Proposed Rules]               
[Page 71828-71830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de07-32]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 71828]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0347; Directorate Identifier 2007-NM-253-AD]
RIN 2120-AA64

 
Airworthiness Directives; Airbus Model A330 and A340 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    Two A330 operators have reported that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes 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 January 18, 
2008.

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.

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-2007-0347; 
Directorate Identifier 2007-NM-253-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 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 
Airworthiness Directive 2007-0239, dated September 3, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Two A330 operators have reported that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes an unsafe condition.
    For the reasons described above, this Airworthiness Directive 
(AD) requires replacement of the affected Refuel Isolation Valve 
with a more robust valve similar to that designed for the A380.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-28-3103; A340-28-4120; and 
A340-28-5044; all dated July 17, 2007. 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.

[[Page 71829]]

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 34 products of U.S. registry. We also estimate that 
it would take about 14 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 $8,000 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 proposed AD on U.S. operators to 
be $310,080, or $9,120 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, 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-2007-0347; Directorate Identifier 2007-NM-
253-AD.

Comments Due Date

    (a) We must receive comments by January 18, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus Model A330 and A340 airplanes 
identified in paragraphs (c)(1) and (c)(2) of this AD; certificated 
in any category; all certified models; all serial numbers.
    (1) Model A330 and A340 airplanes except those on which Airbus 
Modification 55664 has been embodied in production or Airbus Service 
Bulletin A330-28-3103, A340-28-4120, or A340-28-5044 has been 
embodied in service.
    (2) Model A330-300 series airplanes on which Airbus Modification 
40176 (optional LH (left hand) coupling) has been embodied in 
production or Airbus Service Bulletin A330-28-3018 (optional LH 
coupling) has been embodied in service; except those on which Airbus 
Modification 56148 has been embodied in production or Airbus Service 
Bulletin A330-28-3103 has been embodied in service.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Two A330 operators have reported that the guide shaft of the 
Refuel Isolation Valve has been broken away from the main casting 
and entered the fuel tank. The Supplier Investigation evidenced that 
water builds-up in the cavity of the Refuel Isolation Valve and 
freezes during flight. When refuel pressure is applied to the 
piston, the ice restricts the piston travel on one side leading to 
an asymmetric movement of the piston resulting in breakage of the 
guide shaft. A non-bonded metallic object within the fuel tank can 
result [in] a potential ignition source, which in combination with a 
lightning strike constitutes an unsafe condition.
    For the reasons described above, this Airworthiness Directive 
(AD) requires replacement of the affected Refuel Isolation Valve 
with a more robust valve similar to that designed for the A380.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance 
with the instructions defined in Airbus Service Bulletin A330-28-
3103, A340-28-4120, or A340-28-5044, all dated July 17, 2007, as 
applicable.
    (1) Within 18,000 flight hours from the effective date of this 
AD: Replace the refuel isolation valve(s); and re-identify the 
refuel/defuel coupling in accordance with the instructions defined 
in the applicable service bulletin.
    (2) For refuel Isolation Valve and Refuel/Defuel Coupling Spare 
units: From the effective date of this AD, no person may install an 
affected refuel isolation valve unit or an affected refuel/defuel 
coupling unit as a replacement part on an aircraft, unless it has 
been modified in accordance with the instructions defined in the 
applicable service bulletin.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1138; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your 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

[[Page 71830]]

a manufacturer or other source, use these actions if they are FAA-
approved. Corrective actions are considered FAA-approved if they are 
approved by the State of Design Authority (or their delegated 
agent). You are required to assure the product is airworthy before 
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0239, dated 
September 3, 2007, and Airbus Service Bulletins A330-28-3103, A340-
28-4120, and A340-28-5044, all dated July 17, 2007, for related 
information.

    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-24519 Filed 12-18-07; 8:45 am]

BILLING CODE 4910-13-P
