[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Proposed Rules]
[Pages 29673-29675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12507]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Proposed 
Rules  

[[Page 29673]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0474; Directorate Identifier 2010-NM-213-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 the distance between the wire 
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH) 
and right-hand (RH) door 4, and the air conditioning duct could be 
too small. This could result in collision between the flexible air 
conditioning hose and wire harnesses.
    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 July 7, 2011.

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.

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-2011-0474; 
Directorate Identifier 2010-NM-213-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 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 2010-0103R1, dated April 28, 2011 (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 the distance between the wire 
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH) 
and right-hand (RH) door 4, and the air conditioning duct could be 
too small. This could result in collision between the flexible air 
conditioning hose and wire harnesses.
    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 [EASA] AD requires the 
installation of a protective sleeve and an additional bracket to 
maintain the appropriate distance between wires.
    Revision 1 of this [EASA] AD is issued to revise the 
applicability section of this AD in order to take into account all 
configurations of air conditioning duct and the associated solutions 
embodied in production.

For certain airplanes, required actions include modifying the support 
assembly of the air outlet. For other airplanes, required actions 
include exchanging certain attachment screws of the air outlet box 
assembly on each door. You may obtain further information by examining 
the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A330-92-3077, 
Revision 01, dated March 29, 2010 (for Model A330-200 and -300 series 
airplanes); and A340-92-4078, Revision 01, dated April

[[Page 29674]]

9, 2010 (for Model A340-200 and -300 series airplanes).

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 41 products of U.S. registry. We also estimate that 
it would take up to 11 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost up to $503 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 up to $58,958, or up to $1,438 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-2011-0474; Directorate Identifier 2010-NM-
213-AD.

Comments Due Date

    (a) We must receive comments by July 7, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Airbus airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, all manufacturer serial 
numbers; certificated in any category; except those identified in 
paragraph (c)(3) of this AD.
    (1) Model A330-201, -202, -203, -223, -243, -301, -302, -303, -
321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.
    (3) Airplanes on which the following Airbus Modifications are 
embodied in production: Both Airbus Modifications 57349 and 58924, 
or Airbus Modification 201642 or 57562.

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 the distance between the wire 
harnesses 5376VB/2M and 5377VB/1M which are above the left-hand (LH) 
and right-hand (RH) door 4, and the air conditioning duct could be 
too small. This could result in collision between the flexible air 
conditioning hose and wire harnesses.
    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.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 24 months after the effective date of this AD: Modify 
the wire harness 5376VB/2M and 5377VB/1M attachments above the LH 
and RH door 4, in accordance with the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A330-92-3077, Revision 01, dated 
March 29, 2010; or Airbus Mandatory Service Bulletin A340-92-4078, 
Revision 01, dated April 9, 2010; as applicable.
    (h) For airplanes that have been modified before the effective 
date of this AD in accordance with the Accomplishment Instructions 
of Airbus Mandatory Service Bulletin A330-92-3077 or A340-92-4078, 
both dated June 17, 2008: Within 24 months after the effective date 
of this AD, perform the additional work identified in Airbus 
Mandatory Service Bulletin A330-92-3077, Revision 01, dated March 
29, 2010, or A340-92-4078, Revision 01, dated April 9, 2010, as 
applicable (including modifying the support

[[Page 29675]]

assembly of the air outlet, or exchanging certain attachment screws 
of the air outlet box assembly on each door, as applicable), in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A330-92-3077, Revision 01, dated March 29, 2010, or 
Airbus Mandatory Service Bulletin A340-92-4078, Revision 01, dated 
April 9, 2010, 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

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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.

Related Information

    (j) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2010-0103R1, dated April 28, 2011; Airbus Mandatory 
Service Bulletin A330-92-3077, Revision 01, dated March 29, 2010; 
and Airbus Mandatory Service Bulletin A340-92-4078, Revision 01, 
dated April 9, 2010; for related information.

    Issued in Renton, Washington, on May 13, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-12507 Filed 5-20-11; 8:45 am]
BILLING CODE 4910-13-P