[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Proposed Rules]
[Pages 62711-62713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28799]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1108; Directorate Identifier 2009-NM-131-AD]
RIN 2120-AA64


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

    It was noticed in production that in the area between frame (FR) 
C53.9 and FR C55 RH [right-hand], the distance between the route 9R 
of the In-Flight Entertainment system and the wire harness for the 
Lower Deck-Mobile Crew Rest system provisions is too small.
    This limited distance may cause chafing between the affected 
electrical harness 6581VB and the harness 5495VB or 6938VB.
    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 January 15, 
2010.

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; telephone +33 5 61 93 36 96; 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-2009-1108; 
Directorate Identifier 2009-NM-131-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 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 2009-0076, dated April 6, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It was noticed in production that in the area between frame (FR) 
C53.9 and FR C55 RH [right-hand], the distance between the route 9R 
of the In-Flight Entertainment system and the wire harness for the 
Lower Deck-Mobile Crew Rest system provisions is too small.
    This limited distance may cause chafing between the affected 
electrical harness 6581VB and the harness 5495VB or 6938VB.
    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 
installation of a stirrup on the terminal block 5507VT between 
FR53.9 and FR54, and the re-routing of the wiring route 9R.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A330-92-3080, dated 
November 12, 2008; and Mandatory Service Bulletin A340-92-4080, dated 
November 12, 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

[[Page 62712]]

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 would cost about $66 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 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 $13,158, or $306 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-2009-1108; Directorate Identifier 2009-NM-
131-AD.

Comments Due Date

    (a) We must receive comments by January 15, 2010.

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, -343 series 
airplanes; and Airbus Model A340-311, -312, and -313 series 
airplanes, certificated in any category; all manufacturer serial 
numbers; modified in production by modifications identified in both 
paragraphs (c)(1)(i) and (c)(1)(ii) of this AD; excluding those on 
which Airbus modification 57744 has been embodied in production.
    (i) Airbus modification 40379; and
    (ii) One of the following Airbus modifications, as applicable:
    (A) For all models except Model A340-311, A340-312, and A340-313 
airplanes: Modification 49894, 51304, 52048, 52712, 53559, 53732, 
54115, 55632, or 55722.
    (B) For Model A340-311, A340-312, and A340-313 series airplanes: 
Modification 51603, 53400, or 55024.

Subject

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

Reason

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

    It was noticed in production that in the area between frame (FR) 
C53.9 and FR C55 RH [right-hand], the distance between the route 9R 
of the In-Flight Entertainment system and the wire harness for the 
Lower Deck-Mobile Crew Rest system provisions is too small.
    This limited distance may cause chafing between the affected 
electrical harness 6581VB and the harness 5495VB or 6938VB.
    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 
installation of a stirrup on the terminal block 5507VT between 
FR53.9 and FR54, and the re-routing of the wiring route 9R.

Actions and Compliance

    (f) Within 24 months after the effective date of this AD, unless 
already done: Install a stirrup on the terminal block 5507VT between 
FR53.9 and FR54 and modify the wiring route 9R in accordance with 
the Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-92-3080, dated November 12, 2008; or Airbus Mandatory Service 
Bulletin A340-92-4080, dated November 12, 2008; as applicable.

FAA AD Differences

    Note 1:  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, 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

[[Page 62713]]

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 (44 
U.S.C. 3501 et seq.), 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 2009-0076, dated 
April 6, 2009; Airbus Mandatory Service Bulletin A330-92-3080, dated 
November 12, 2008; and Airbus Mandatory Service Bulletin A340-92-
4080, dated November 12, 2008; for related information.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28799 Filed 11-30-09; 8:45 am]
BILLING CODE 4910-13-P