[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Proposed Rules]
[Pages 8036-8039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3776]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 74, No. 34 / Monday, February 23, 2009 / 
Proposed Rules  
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0137; Directorate Identifier 2008-NM-201-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A330-200 and -300, and 
A340-200 and -300, Series 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:

    Several reports have been received from A330 and A340 operators 
concerning chafing of the electrical harness behind the lavatory, 
located at L (level) 53, resulting in a number of short-circuits. 
This harness contains cables for lighting, plugs, loudspeakers and 
oxygen controls and indications.
    This condition, if not corrected, could lead to the short 
circuit of wires dedicated to oxygen, which, in case of emergency, 
could

[[Page 8037]]

result in a large number of passenger oxygen masks (up to 32% of all 
seats) not being supplied with oxygen, possibly causing personal 
injuries.
* * * * *
    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 25, 2009.

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; fax +33 5 61 93 45 80, e-mail 
[email protected]; 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-2009-0137; 
Directorate Identifier 2008-NM-201-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 EASA 
Airworthiness Directive 2008-0161, dated August 25, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several reports have been received from A330 and A340 operators 
concerning chafing of the electrical harness behind the lavatory, 
located at L (level) 53, resulting in a number of short-circuits. 
This harness contains cables for lighting, plugs, loudspeakers and 
oxygen controls and indications.
    This condition, if not corrected, could lead to the short 
circuit of wires dedicated to oxygen, which, in case of emergency, 
could result in a large number of passenger oxygen masks (up to 32% 
of all seats) not being supplied with oxygen, possibly causing 
personal injuries.
    For the reasons described above, AD 2008-0154 was issued to 
require a wiring modification of the affected harnesses on right and 
left sides of the passenger compartment between frames (FR) 39.1 and 
39.2 and between FR 53.3 and 53.4, on pre-modification 48825 
aircraft (i.e. non-enhanced cabin).
    Since that AD was issued, it has been found that due to 
discrepancies in the referenced Airbus Service Bulletin (SB) at 
original issue, the modification should have been mandated at 
Revision 1 of the SB, rather than indicating that application of the 
SB at original issue is acceptable.
    For that reason, this EASA AD retains the requirements of EASA 
AD 2008-0154, which is superseded, amends the requirement to specify 
that the SB must be accomplished at Revision 1 and that for aircraft 
on which the SB at original issue has already been accomplished, 
additional work must be done.

The modification includes rerouting the affected electrical harnesses 
and replacing certain wiring mounts and brackets in the passenger 
compartment. For all airplanes, additional work is required. The 
additional work includes interchanging certain fixed brackets and 
modifying certain wiring routing. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-92-3066, Revision 
01, dated August 1, 2008; and Mandatory Service Bulletin A340-92-4071, 
Revision 02, dated November 28, 2008. 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 9 products of U.S. registry. We also estimate that 
it would take about 210 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 $0 per product. Where the 
service information lists required parts costs that are covered

[[Page 8038]]

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 $151,200, or $16,800 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-2009-0137; Directorate Identifier 2008-NM-
201-AD.

Comments Due Date

    (a) We must receive comments by March 25, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model A330-201, -202, -203, -223, -243, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes; 
and Model A340-211, -212, -213, -311, -312, and -313 airplanes; all 
manufacturer serial numbers, certificated in any category, except 
those on which Airbus Modification 48825 has been embodied in 
production.

Subject

    (d) Air Transport Association (ATA) of America Code 92.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Several reports have been received from A330 and A340 operators 
concerning chafing of the electrical harness behind the lavatory, 
located at L (level) 53, resulting in a number of short-circuits. 
This harness contains cables for lighting, plugs, loudspeakers and 
oxygen controls and indications.
    This condition, if not corrected, could lead to the short 
circuit of wires dedicated to oxygen, which, in case of emergency, 
could result in a large number of passenger oxygen masks (up to 32% 
of all seats) not being supplied with oxygen, possibly causing 
personal injuries.
    For the reasons described above, AD 2008-0154 was issued to 
require a wiring modification of the affected harnesses on right and 
left sides of the passenger compartment between frames (FR) 39.1 and 
39.2 and between FR 53.3 and 53.4, on pre-modification 48825 
aircraft (i.e., non-enhanced cabin).
    Since that AD was issued, it has been found that due to 
discrepancies in the referenced Airbus Service Bulletin (SB) at 
original issue, the modification should have been mandated at 
Revision 1 of the SB, rather than indicating that application of the 
SB at original issue is acceptable.
    For that reason, this EASA AD retains the requirements of EASA 
AD 2008-0154, which is superseded, amends the requirement to specify 
that the SB must be accomplished at Revision 1 and that for aircraft 
on which the SB at original issue has already been accomplished, 
additional work must be done.

The modification includes rerouting the affected electrical 
harnesses and replacing certain wiring mounts and brackets in the 
passenger compartment. For all airplanes, additional work is 
required. The additional work includes interchanging certain fixed 
brackets and modifying certain wiring routing.

Actions and Compliance

    (f) Unless already done, within 20 months after the effective 
date of this AD, do the following actions, as applicable.
    (1) Except as required by paragraph (f)(2) of this AD, modify 
the affected passenger compartment electrical harnesses, including 
the ``ADDITIONAL WORK,'' in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-92-3066, 
Revision 01, dated August 1, 2008; or Airbus Mandatory Service 
Bulletin A340-92-4071, Revision 02, dated November 28, 2008; as 
applicable.
    (2) For airplanes that have already been modified prior to the 
effective date of this AD in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A330-92-3066, dated November 
27, 2007; or Airbus Service Bulletin A340-92-4071, dated November 
27, 2007; as applicable: Accomplish the ``ADDITIONAL WORK'' in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A330-92-3066, Revision 01, dated August 1, 2008; or 
the ``ADDITIONAL WORK'' in accordance with the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A340-92-4071, 
Revision 02, dated November 28, 2008; as applicable.
    (3) Actions accomplished according to Airbus Mandatory Service 
Bulletin A340-92-4071, Revision 01, dated August 1, 2008, including 
the ``ADDITIONAL WORK,'' as applicable, are acceptable for complying 
with the requirements of paragraphs (f)(1) and (f)(2) of this AD.

FAA AD Differences

    Note 1: 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

[[Page 8039]]

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, 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 Airworthiness 
Directive 2008-0161, dated August 25, 2008; Airbus Mandatory Service 
Bulletin A330-92-3066, Revision 01, dated August 1, 2008; and Airbus 
Mandatory Service Bulletin A340-92-4071, Revision 01, dated August 
1, 2008, and Revision 02, dated November 28, 2008; for related 
information.

    Issued in Renton, Washington, on February 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-3776 Filed 2-20-09; 8:45 am]
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