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Federal Register / Vol. 72, No.

50 / Thursday, March 15, 2007 / Rules and Regulations 12071

DEPARTMENT OF TRANSPORTATION requirements. We also continue to meet general, agree with their substance. But
our technical decision-making we might have found it necessary to use
Federal Aviation Administration responsibilities to identify and correct different words from those in the MCAI
unsafe conditions on U.S.-certificated to ensure the AD is clear for U.S.
14 CFR Part 39 products. operators and is enforceable in a U.S.
[Docket No. FAA–2007–26834; Directorate
This AD references the MCAI and court of law. In making these changes,
Identifier 2006–NM–235–AD; Amendment related service information that we we do not intend to differ substantively
39–14984; AD 2007–06–03] considered in forming the engineering from the information provided in the
basis to correct the unsafe condition. MCAI and related service information.
RIN 2120–AA64 The AD contains text copied from the We might also have required different
MCAI and for this reason might not actions in this AD from those in the
Airworthiness Directives; Airbus Model
follow our plain language principles. MCAI in order to follow our FAA
A330 Airplanes
We issued a notice of proposed policies. Any such differences are
AGENCY: Federal Aviation rulemaking (NPRM) to amend 14 CFR described in a separate paragraph of the
Administration (FAA), Department of part 39 to include an AD that would AD. These requirements, if any, take
Transportation (DOT). apply to the specified products. That precedence over the actions copied from
ACTION: Final rule. NPRM was published in the Federal the MCAI.
Register on January 12, 2007 (72 FR
SUMMARY: We are adopting a new Costs of Compliance
1470). That NPRM proposed to require
airworthiness directive (AD) for the a one-time detailed visual inspection for We estimate that this AD will affect
products listed above. This AD results the presence of the retaining-ring on the 27 products of U.S. registry. We also
from mandatory continuing discharge head assembly of the engine estimate that it will take about 4 work-
airworthiness information (MCAI) fire extinguishing system, and repair if hours per product to comply with this
issued by an airworthiness authority of necessary. The MCAI states that one AD. The average labor rate is $80 per
another country to identify and correct Model A330 operator discovered that work-hour. Required parts will cost
an unsafe condition on an aviation the line connection to the discharge about $0 per product. Where the service
product. The MCAI describes the unsafe head could not be properly secured information lists required parts costs
condition as an incomplete discharge of during engine fire bottle replacement, that are covered under warranty, we
the extinguishing agent in the fire zone, due to a missing retaining-ring. have assumed that there will be no
which could lead, in the worst case, in Inspections revealed that all four charge for these parts. As we do not
combination with an engine fire, to a discharge-heads line connectors, two control warranty coverage for affected
temporary uncontrolled engine fire. We per engine, were missing the retaining- parties, some parties may incur costs
are issuing this AD to require actions to ring. It was confirmed later that it was higher than estimated here. Based on
correct the unsafe condition on these a quality issue. these figures, we estimate the cost of
products. The function of the retaining-ring is to this AD to the U.S. operators to be
DATES: This AD becomes effective April secure a tight connection between the $8,640, or $320 per product.
19, 2007. fire-extinguishing line and the discharge Authority for This Rulemaking
The Director of the Federal Register head. In absence of the retaining-ring, in
case of activation of the fire Title 49 of the United States Code
approved the incorporation by reference
extinguishing system, the pressure specifies the FAA’s authority to issue
of a certain publication listed in this AD
exerted by the agent on the pipe could rules on aviation safety. Subtitle I,
as of April 19, 2007.
compromise the tightness of the section 106, describes the authority of
ADDRESSES: You may examine the AD
connection, leading to an incomplete the FAA Administrator. ‘‘Subtitle VII:
docket on the Internet at http:// Aviation Programs,’’ describes in more
dms.dot.gov or in person at the Docket discharge of the extinguishing agent in
the fire zone. detail the scope of the Agency’s
Management Facility, U.S. Department authority.
of Transportation, 400 Seventh Street, This situation if not corrected could
lead, in the worst case, in combination We are issuing this rulemaking under
SW., Nassif Building, Room PL–401, the authority described in ‘‘Subtitle VII,
Washington, DC. with an engine fire, to a temporary
uncontrolled engine fire which Part A, Subpart III, Section 44701:
FOR FURTHER INFORMATION CONTACT: General requirements.’’ Under that
constitutes an unsafe condition.
Todd Thompson, Aerospace Engineer, section, Congress charges the FAA with
International Branch, ANM–116, FAA, Comments promoting safe flight of civil aircraft in
Transport Airplane Directorate, 1601 We gave the public the opportunity to air commerce by prescribing regulations
Lind Avenue, SW., Renton, Washington participate in developing this AD. We for practices, methods, and procedures
98057–3356; telephone (425) 227–1175; considered the comment received. The the Administrator finds necessary for
fax (425) 227–1149. commenter, Jonathan Frederick, safety in air commerce. This regulation
SUPPLEMENTARY INFORMATION: supports the NPRM. is within the scope of that authority
because it addresses an unsafe condition
Discussion Conclusion that is likely to exist or develop on
The FAA is implementing a new We reviewed the available data, products identified in this rulemaking
process for streamlining the issuance of including the comments received, and action.
ADs related to MCAI. This streamlined determined that air safety and the
process will allow us to adopt MCAI Regulatory Findings
public interest require adopting the AD
safety requirements in a more efficient as proposed. We determined that this AD will not
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manner and will reduce safety risks to have federalism implications under
the public. This process continues to Differences Between This AD and the Executive Order 13132. This AD will
allow all FAA AD issuance processes to MCAI or Service Information not have a substantial direct effect on
meet legal, economic, Administrative We have reviewed the MCAI and the States, on the relationship between
Procedure Act, and Federal Register related service information and, in the national government and the States,

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12072 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations

or on the distribution of power and Reason (or their delegated agent). You are required
responsibilities among the various (d) The mandatory continuing to assure the product is airworthy before it
levels of government. airworthiness information (MCAI) states that is returned to service.
For the reasons discussed above, I one Model A330 operator discovered that the (3) Reporting Requirements: For any
line connection to the discharge head could reporting requirement in this AD, under the
certify that this AD: provisions of the Paperwork Reduction Act,
(1) Is not a ‘‘significant regulatory not be properly secured during engine fire
bottle replacement, due to a missing the Office of Management and Budget (OMB)
action’’ under Executive Order 12866; has approved the information collection
(2) Is not a ‘‘significant rule’’ under retaining-ring. Inspections revealed that all
four discharge-heads line connectors, two per requirements and has assigned OMB Control
DOT Regulatory Policies and Procedures Number 2120–0056.
engine, were missing the retaining-ring. It
(44 FR 11034, February 26, 1979); and was confirmed later that it was a quality
(3) Will not have a significant Material Incorporated by Reference
issue. The function of the retaining-ring is to
economic impact, positive or negative, secure a tight connection between the fire- (g) You must use Airbus Service Bulletin
on a substantial number of small entities extinguishing line and the discharge head. In A330–26A3037, excluding Appendix 01,
dated July 26, 2006, to do the actions
under the criteria of the Regulatory absence of the retaining-ring, in case of
activation of the fire extinguishing system, required by this AD, unless the AD specifies
Flexibility Act. otherwise.
We prepared a regulatory evaluation the pressure exerted by the agent on the pipe
could compromise the tightness of the (1) The Director of the Federal Register
of the estimated costs to comply with approved the incorporation by reference of
this AD and placed it in the AD Docket. connection, leading to an incomplete
discharge of the extinguishing agent in the this service information under 5 U.S.C.
fire zone. This situation if not corrected 552(a) and 1 CFR part 51.
Examining the AD Docket (2) For service information identified in
could lead, in the worst case, in combination
You may examine the AD docket on with an engine fire, to a temporary this AD, contact Airbus, 1 Rond Point
the Internet at http://dms.dot.gov; or in uncontrolled engine fire which constitutes an Maurice Bellonte, 31707 Blagnac Cedex,
person at the Docket Management unsafe condition. The MCAI requires a one- France.
Facility between 9 a.m. and 5 p.m., time detailed visual inspection for the (3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Monday through Friday, except Federal presence of the retaining-ring on the
discharge head assembly of engine fire Avenue, SW., Renton, Washington; or at the
holidays. The AD docket contains the National Archives and Records
NPRM, the regulatory evaluation, any extinguishing system, and repair if necessary.
Administration (NARA). For information on
comments received, and other Actions and Compliance the availability of this material at NARA, call
information. The street address for the (e) Unless already done, do the following 202–741–6030, or go to: http://
Docket Office (telephone (800) 647– actions. Within 900 flight hours from the www.archives.gov/federal-register/cfr/ibr-
5227) is in the ADDRESSES section. effective date of this AD: On both engine locations.html.
Comments will be available in the AD pylons (left hand and right hand), for all four Issued in Renton, Washington, on March 5,
docket shortly after receipt. engine fire extinguisher bottles, two per 2007.
engine pylon, perform a one-time detailed Ali Bahrami,
List of Subjects in 14 CFR Part 39 visual inspection for the presence of the
retaining ring on the discharge head of the Manager, Transport Airplane Directorate,
Air transportation, Aircraft, Aviation Aircraft Certification Service.
safety, Incorporation by reference, bottles and apply all applicable corrective
actions, in accordance with instructions [FR Doc. E7–4380 Filed 3–14–07; 8:45 am]
Safety.
defined in Airbus Service Bulletin A330– BILLING CODE 4910–13–P
Adoption of the Amendment 26A3037, dated July 26, 2006. Do all
applicable corrective actions before further
■ Accordingly, under the authority flight. Aircraft on which the four engine fire DEPARTMENT OF TRANSPORTATION
delegated to me by the Administrator, extinguishing bottles, 2 per engine pylon,
the FAA amends 14 CFR part 39 as have been removed and re-installed at the Federal Aviation Administration
follows: opportunity of hydrostatic test of engine fire
extinguishing as per Airbus A330
14 CFR Part 39
PART 39—AIRWORTHINESS Maintenance Review Board Report (MRBR)
DIRECTIVES task 26.21.00/04, are not concerned by this [Docket No. FAA–2006–26516; Directorate
AD. Identifier 2006–NM–173–AD; Amendment
■ 1. The authority citation for part 39 39–14983; AD 2007–06–02]
Other FAA AD Provisions
continues to read as follows:
(f) The following provisions also apply to RIN 2120–AA64
Authority: 49 U.S.C. 106(g), 40113, 44701. this AD:
(1) Alternative Methods of Compliance Airworthiness Directives; Airbus Model
§ 39.13 [Amended]
(AMOCs): The Manager, International A318, A319, A320, and A321 Airplanes
■ 2. The FAA amends § 39.13 by adding Branch, ANM–116, Transport Airplane
the following new AD: Directorate, FAA, Attn: Todd Thompson, AGENCY: Federal Aviation
Aerospace Engineer, 1601 Lind Avenue, SW., Administration (FAA), Department of
2007–06–03 Airbus: Amendment 39–14984. Transportation (DOT).
Docket No. FAA–2007–26834; Renton, Washington 98057–3356, has the
Directorate Identifier 2006–NM–235–AD. authority to approve AMOCs for this AD, if ACTION: Final rule.
requested using the procedures found in 14
Effective Date CFR 39.19. Before using any AMOC approved SUMMARY: The FAA is superseding an
(a) This airworthiness directive (AD) in accordance with § 39.19 on any airplane existing airworthiness directive (AD),
becomes effective April 19, 2007. to which the AMOC applies, notify the which applies to all Airbus Model
appropriate principal inspector in the FAA A318–100 and A319–100 series
Affected ADs Flight Standards Certificate Holding District airplanes, Model A320–111 airplanes,
(b) None. Office. and Model A320–200, A321–100, and
(2) Airworthy Product: For any requirement
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Applicability in this AD to obtain corrective actions from


A321–200 series airplanes. That AD
(c) This AD applies to Airbus Model A330 a manufacturer or other source, use these currently requires repetitive inspections
airplanes, all certified models, certificated in actions if they are FAA-approved. Corrective of the upper and lower attachments of
any category, all serial numbers up to 755 actions are considered FAA-approved if they the trimmable horizontal stabilizer
included. are approved by the State of Design Authority actuator (THSA) to measure for proper

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