[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Proposed Rules]
[Pages 53440-53442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24988]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0914; Directorate Identifier 2009-NM-122-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A330-200 and -300, and
Model A340-300 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:
In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. 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 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 December 3,
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-2009-0914;
Directorate Identifier 2009-NM-122-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.
[[Page 53441]]
We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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 2009-0077, dated April 6, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. 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 not being supplied with oxygen, possibly
causing personal injuries.
For the reasons described above, this AD requires the
modification of the hat rack connectors on stow, and the rerouting
of the associated wire harness in case of monument installed in door
2 area.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Airbus has issued Mandatory Service Bulletins A330-92-3070,
Revision 01, dated January 12, 2009; and A340-92-4073, Revision 01,
dated January 13, 2009. 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 43 products of U.S. registry. We also estimate that
it would take about 3 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 costs are negligible. Where the service
information lists required parts costs that are uncovered 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 $10,320, or $240 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-2009-0914; Directorate Identifier 2009-
NM-122-AD.
Comments Due Date
(a) We must receive comments by December 3, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
series airplanes; and Airbus Model A340-311, -312, and -313 series
airplanes; certificated in any category, all manufacturer
[[Page 53442]]
serial numbers on which Airbus modification 48825 has been embodied
in production, except those on which Airbus modification 57409 has
been embodied in production.
Subject
(d) Air Transport Association (ATA) of America Code 92.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
In the door 2 area, the hat-racks are supplied with a basic wire
harness which includes ``Oxygen Masks'' activation.
In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It
was noticed in production, that the distance between the stowed wire
harness and the monument could be too small. 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 not being supplied with oxygen, possibly
causing personal injuries.
For the reasons described above, this AD requires the
modification of the hat rack connectors on stow, and the rerouting
of the associated wire harness in case of monument installed in door
2 area.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 24 months after the effective date of this AD, modify
both the left-hand (L/H) and right-hand (R/H) hat-rack connectors in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A330-92-3070, Revision 01, dated January 12, 2009;
or Airbus Mandatory Service Bulletin A340-92-4073, Revision 01,
dated January 13, 2009; as applicable, except as provided by
paragraph (f)(2) of this AD.
(2) Modifications done before the effective date of this AD, in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A330-92-3070 or A340-92-4073, both dated July 10,
2008, as applicable, are acceptable for compliance with the
applicable requirements of paragraph (f)(1) of this AD, provided
that within 24 months after the effective date of this AD, the
``ADDITIONAL WORK'' specified in Airbus Mandatory Service Bulletin
A330-92-3070, Revision 01, dated January 12, 2009; or Airbus
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January
13, 2009; as applicable; is accomplished in accordance with the
Accomplishment Instructions of Airbus Mandatory Service Bulletin
A330-92-3070, Revision 01, dated January 12, 2009; or Airbus
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January
13, 2009; as applicable.
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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
(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 2009-0077, dated April 6, 2009; Airbus Mandatory Service
Bulletin A330-92-3070, Revision 01, dated January 12, 2009; and
Airbus Mandatory Service Bulletin A340-92-4073, Revision 01, dated
January 13, 2009; for related information.
Issued in Renton, Washington, on October 5, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-24988 Filed 10-16-09; 8:45 am]
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