[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34222-34225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16468]


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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; 
Amendment 39-15967; AD 2009-15-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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 result in a large number of passenger oxygen masks (up to 32% 
of all seats) not being supplied with oxygen, possibly causing 
personal injuries.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 19, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 19, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 23, 2009 
(74 FR 8036). That NPRM proposed 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).

[[Page 34223]]

    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 (European Aviation Safety Agency) 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Actions Since the NPRM Was Issued

    We have received revisions to the service information specified in 
the NPRM. Airbus issued Mandatory Service Bulletin A330-92-3066, 
Revision 02, dated March 19, 2009; and Mandatory Service Bulletin A340-
92-4071, Revision 03, dated March 19, 2009 (``the service bulletins''). 
The actions described in the service bulletins are intended to correct 
the unsafe condition identified in the MCAI. Those revisions of the 
service bulletins include editorial changes, clarifying language, and 
no substantive changes to the Accomplishment Instructions. No 
additional work is required for airplanes modified by Airbus Mandatory 
Service Bulletin A330-92-3066, Revision 01, dated August 1, 2008; and 
Airbus Mandatory Service Bulletin A340-92-4071, Revision 02, dated 
November 28, 2008.
    We have changed paragraphs (f)(1), (f)(2), and (h) to refer to the 
new revisions of the service bulletins, and added Airbus Mandatory 
Service Bulletin A330-92-3066, Revision 01; and Airbus Mandatory 
Service Bulletin A340-92-4071, Revision 02; to paragraph (f)(3) as 
acceptable for complying with the requirements of paragraphs (f)(1) and 
(f)(2) of this AD.
    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2008-
0161R1, dated March 23, 2009 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. That MCAI 
differs from MCAI EASA AD 2008-0161, dated August 25, 2008, which is 
referenced in the NPRM, by adding a paragraph extending the compliance 
time to 24 months from the 20 months stated in the MCAI referenced in 
the NPRM. We have included that additional paragraph of the new MCAI in 
the quoted material in paragraph (e) of this AD, and changed paragraph 
(f) of this AD to reflect the new compliance time stated in the MCAI.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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

Costs of Compliance

    We estimate that this AD will affect 9 products of U.S. registry. 
We also estimate that it will take 210 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Required parts will cost about $0 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 parts. 
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 this AD to the 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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

[[Page 34224]]

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-15-04 Airbus: Amendment 39-15967. Docket No. FAA-2009-0137; 
Directorate Identifier 2008-NM-201-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
19, 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 series 
airplanes; and Model A340-211, -212, -213, -311, -312, and -313 
series 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 (European Aviation Safety Agency) 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.
    Th[e] Revision 1 [of EASA AD 2008-0161] is issued to extend the 
compliance time, which originally was 20 months, to 24 months * * * 
after the effective date of this AD. * * *
    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 24 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 02, dated March 19, 2009; or Airbus Mandatory Service 
Bulletin A340-92-4071, Revision 03, dated March 19, 2009; 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 02, dated March 19, 2009; or 
Airbus Mandatory Service Bulletin A340-92-4071, Revision 03, dated 
March 19, 2009; as applicable.
    (3) Actions accomplished according to the Airbus service 
information identified in Table 1 of this AD, including the 
``ADDITIONAL WORK,'' as applicable, are acceptable for complying 
with the requirements of paragraphs (f)(1) and (f)(2) of this AD.

                 Table 1--Acceptable Service Information
------------------------------------------------------------------------
   Airbus Mandatory Service
           Bulletin             Revision               Date
------------------------------------------------------------------------
A330-92-3066.................         01  August 1, 2008.
A340-92-4071.................         01  August 1, 2008.
A340-92-4071.................         02  November 28, 2008.
------------------------------------------------------------------------

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 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 EASA Airworthiness Directive 2008-0161R1, 
dated March 23, 2009, and the service information listed in Table 2 
of this AD, for related information.

[[Page 34225]]



                  Table 2--Related Service Information
------------------------------------------------------------------------
   Airbus Mandatory Service
           Bulletin             Revision               Date
------------------------------------------------------------------------
A330-92-3066.................         01  August 1, 2008.
A330-92-3066.................         02  March 19, 2009.
A340-92-4071.................         01  August 1, 2008.
A340-92-4071.................         02  November 28, 2008.
A340-92-4071.................         03  March 19, 2009.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Airbus SA--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 [email protected]; Internet 
http://www.airbus.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
   Airbus Mandatory Service
           Bulletin             Revision               Date
------------------------------------------------------------------------
A330-92-3066.................         01  August 1, 2008.
A330-92-3066.................         02  March 19, 2009.
A340-92-4071.................         01  August 1, 2008.
A340-92-4071.................         02  November 28, 2008.
A340-92-4071.................         03  March 19, 2009.
------------------------------------------------------------------------


    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-16468 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P