[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.
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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]
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