[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19199-19201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8182]


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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; 
Amendment 39-16260; AD 2010-08-05]
RIN 2120-AA64


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

    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.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective May 19, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 19, 2010.

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 December 1, 2009 (74 
FR 62711). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Support for the NPRM

    Northwest Airlines states that it has reviewed the NPRM and 
supports the action.

Request To Correct Paragraph Identifier

    Airbus requests that we correct the paragraph identifiers specified 
in the applicability statement of the NPRM, changing ``* * * paragraphs 
(c)(1)(i) and (c)(1)(ii) * * *'' of the NPRM to ``* * * paragraphs 
(c)(1) and (c)(2) * * *'' in this final rule.
    We have corrected the paragraph identifiers in this final rule.

Request To Clarify the Proposed Applicability

    Airbus requests that we clarify the applicability in paragraph 
(c)(ii)(A) of the NPRM (now paragraph (c)(2)(i) of this final rule), to 
specify the Model A330 airplanes.
    We agree to clarify the applicability. We have clarified the 
applicability statement from ``For all models, except

[[Page 19200]]

Model A340-311, A340-312, and A340-313 airplanes,'' to ``For Model 
A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -
341, -342, and -343 airplanes'' in this final rule.

Conclusion

    We reviewed the available data, including the comments received, 
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.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used 
over the past several years to calculate AD costs to operators. To 
account for various inflationary costs in the airline industry, we find 
it necessary to increase the labor rate used in these calculations from 
$80 per work hour to $85 per work hour. The cost impact information, 
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 43 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 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 $13,803, or $321 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.

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:

2010-08-05 Airbus: Amendment 39-16260. Docket No. FAA-2009-1108; 
Directorate Identifier 2009-NM-131-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 19, 
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, and -343 
airplanes; and Airbus Model A340-311, -312, and -313 airplanes; 
certificated in any category; all manufacturer serial numbers; 
modified in production by modifications identified in both 
paragraphs (c)(1) and (c)(2) of this AD; excluding those on which 
Airbus Modification 57744 has been embodied in production.
    (1) Airbus Modification 40379; and
    (2) One of the following Airbus modifications, as applicable:
    (i) For Model A330-201, -202, -203, -223, -243, -301, -302, -
303, -321, -322, -323, -341, -342, and -343 airplanes: Modification 
49894, 51304, 52048, 52712, 53559, 53732, 54115, 55632, or 55722.
    (ii) For Model A340-311, A340-312, and A340-313 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.

[[Page 19201]]

    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: 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 (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 European Aviation Safety Agency 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.

Material Incorporated by Reference

    (i) You must use 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; 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 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.
    (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.
    (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.

    Issued in Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-8182 Filed 4-13-10; 8:45 am]
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