10230 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

material at an NARA facility, 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 February 

14, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4013 Filed 2–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0859; Directorate 

Identifier 2010–NM–113–AD; Amendment 

39–16614; AD 2011–05–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes 

and Model A340–200, –300, –500, and 

–600 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

* * * * * 

* * * [T]here is a possible path for fluid 

ingress, resulting in connector internal arcing 

and hydraulic system malfunction. In 

addition, as the connectors are located in 

areas adjacent to fuel tanks, such arcing 

associated with the presence of a fuel leakage 

could lead to an uncontrolled fire. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 31, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 31, 2011. 

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 September 29, 2010 (75 FR 

60010). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Several A330 and A340 operators have 

reported in service occurrences of hydraulic 

pump electrical motor connector internal 

arcing, resulting in: 

—Either false hydraulic system overheat 

Electronic Centralized Aircraft Monitoring 

(ECAM) warnings 

—and/or hydraulic pump electrical motor 

malfunction. 

Investigations have shown that, due to the 

manufacturing tolerances of the cables and 

the connectors rear grommet, there is a 

possible path for fluid ingress, resulting in 

connector internal arcing and hydraulic 

system malfunction. In addition, as the 

connectors are located in areas adjacent to 

fuel tanks, such arcing associated with the 

presence of a fuel leakage could lead to an 

uncontrolled fire. 

In order to protect the hydraulic pump 

electrical motor connectors against fluid 

ingress from the rear of the connector 

grommet and prevent false hydraulic system 

overheat ECAM warnings and/or hydraulic 

pump electrical motor malfunction, this AD 

requires modification of the three hydraulic 

pump electrical motor connectors associated 

to the Blue, Yellow and Green hydraulic 

systems. 

This Revision 1 is issued to delete Airbus 

modifications 55923S18878 and 

55924S19452 from the applicability of this 

AD. 

The modification adds heat shrink 

sleeves to certain cable contacts and a 

sealing plug to the connector free cavity. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

The NPRM referred to the service 

information in the following table as the 

applicable sources of service 

information. 

TABLE—SERVICE INFORMATION CITED IN THE NPRM 

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088, including Appendix 01 ........................................................................ 01 February 22, 2010. 

A340 ................. A340–92–4081, including Appendix 01 ........................................................................ 01 February 22, 2010. 

A340 ................. A340–92–5053, including Appendix 01 ........................................................................ 01 February 22, 2010. 

Airbus has released the service 

information in the following table. No 

additional work is necessary for 

airplanes on which earlier revisions of 

the service information are done. We 

have updated Tables 1 and 3 of the final 

rule to refer to these sources of service 

information. We have also updated 

Table 2 of the final rule to give credit 

for using Revision 01 of the service 

information. 

TABLE—REVISED SERVICE INFORMATION

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–4081, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–5053, including Appendix 01 ........................................................................ 02 September 1, 2010. 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10231 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Support for the NPRM 

Delta stated that it agreed with the 

intent of the rule. 

Request To Revise Compliance Times 

Delta requested that we revise the 

compliance time from within 3,600- 

flight-hours to 10,000 flight hours or 

24 months after the effective date of the 

AD to allow operators the flexibility to 

schedule the task during routine 

maintenance opportunities. Delta stated 

that revising the compliance times 

would be more congruous with AD 

2008–06–25, Amendment 39–15437 (73 

FR 14659). Delta stated that it reviewed 

its maintenance records for Model A330 

airplanes, and it has not experienced a 

single failure of a hydraulic electric 

motor pump electrical connector in 

approximately 738,000 hours of 

operation. Furthermore, Delta stated 

that there have been no cases of fire as 

a result of arcing within the hydraulic 

electric motor pump connectors and 

that arcing within the connectors 

without the presence of flammable fluid 

does not constitute a safety issue. 

We do not agree with the commenter’s 

request to extend the compliance time. 

In developing an appropriate 

compliance time for this action, we 

considered the safety implications, parts 

availability, and normal maintenance 

schedules for the timely 

accomplishment of the modification. In 

consideration of these items, we have 

determined that a 3,600-flight-hour 

compliance time will ensure an 

acceptable level of safety and allow the 

modifications to be done during 

scheduled maintenance intervals for 

most affected operators. However, under 

the provisions of paragraph (i)(1) of the 

final rule, we will consider requests for 

approval of an extension of the 

compliance time if sufficient data are 

submitted to substantiate that the 

change would provide an acceptable 

level of safety. We have not changed the 

final rule in regard to this issue. 

Request To Include Reference for 

Additional Tooling 

Delta requested that we revise the 

NPRM to include Airbus Service 

Bulletin Information Telex (SBIT) 10– 

0039, dated October 14, 2010, or that we 

delay issuing the final rule until 

Revision 03 of Airbus Mandatory 

Service Bulletin A330–92–3088 is 

released. Delta stated that Airbus has 

informed operators that Airbus 

Mandatory Service Bulletin A330–92– 

3088 is being revised to include direct 

references to the adequate tool part 

numbers. 

We disagree with the request to 

include the SBIT and with the request 

to delay the final rule until Revision 03 

of Airbus Mandatory Service Bulletin 

A330–92–3088 is released. Although the 

SBIT does contain tooling information, 

this AD does not mandate which tooling 

to use. We did not revise the final rule 

in this regard. 

Conclusion 

We reviewed the available data, 

including the comment 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. 

Costs of Compliance 

We estimate that this AD will affect 

43 products of U.S. registry. We also 

estimate that it will take about 13 workhours 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 $877 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 $85,226 or 

$1,982 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 

Accordingly, under the authority 

delegated to me by the Administrator, 


jlentini on DSKJ8SOYB1PROD with RULES
10232 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2011–05–05 Airbus: Amendment 39–16614. 

Docket No. FAA–2010–0859; Directorate 

Identifier 2010–NM–113–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 31, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Airbus Model A330–201, –202, –203, 

–223, –243, –301, –302, –303, –321, –322, 

–323, –341, –342, and –343 airplanes; 

certificated in any category; all serial 

numbers; except those on which Airbus 

modifications 58773 and 45968 have been 

embodied in production. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, –313, –541, and –642 airplanes; 

certificated in any category; all serial 

numbers; except those on which Airbus 

modifications 58773 and 45968 have been 

embodied in production. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 92. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

* * * * * 

* * * [T]here is a possible path for fluid 

ingress, resulting in connector internal arcing 

and hydraulic system malfunction. In 

addition, as the connectors are located in 

areas adjacent to fuel tanks, such arcing 

associated with the presence of a fuel leakage 

could lead to an uncontrolled fire. 

* * * * * 

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 3,600 flight hours after the 

effective date of this AD, modify the 

hydraulic pump electrical motor connectors 

of the blue, yellow, and green electric pumps, 

in accordance with the Accomplishment 

Instructions of the applicable service 

information specified in Table 1 of this AD. 

TABLE 1—APPLICABLE SERVICE INFORMATION

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088 ............................................................................................................. 02 September 1, 2010. 

A340 ................. A340–92–4081 ............................................................................................................. 02 September 1, 2010. 

A340 ................. A340–92–5053 ............................................................................................................. 02 September 1, 2010. 

Credit for Actions Accomplished in 

Accordance with Previous Issue of Service 

Information 

(h) Modifications accomplished before the 

effective date of this AD in accordance with 

the service information specified in Table 2 

of this AD are considered acceptable for 

compliance with the requirements of 

paragraph (g) of this AD. 

TABLE 2—CREDIT SERVICE INFORMATION

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088 ................................................................................ Original ....................................... September 2, 2009. 

A330 ................. A330–92–3088 ................................................................................ 01 ................................................ February 22, 2010. 

A340 ................. A340–92–4081 ................................................................................ Original ....................................... September 2, 2009. 

A340 ................. A340–92–4081 ................................................................................ 01 ................................................ February 22, 2010. 

A340 ................. A340–92–5053 ................................................................................ Original ....................................... September 2, 2009. 

A340 ................. A340–92–5053 ................................................................................ 01 ................................................ February 22, 2010. 

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, Transport Airplane Directorate, FAA, 

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 manager of 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: 9-ANM-116-AMOCREQUESTS@faa.gov. 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 FAAapproved 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: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10233 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(j) Refer to MCAI EASA Airworthiness 

Directive 2010–0086R1, dated June 16, 2010, 

and the service information specified in 

Table 3 of this AD, as applicable, for related 

information. 

TABLE 3—RELATED SERVICE INFORMATION

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–4081, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–5053, including Appendix 01 ........................................................................ 02 September 1, 2010. 

Material Incorporated by Reference 

(k) You must use the service information 

contained in Table 4 of this AD, 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 

airworthiness.A330-A340@airbus.com; 

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. 

TABLE 4—MATERIAL INCORPORATED BY REFERENCE

Airplane 

model— Airbus Mandatory Service Bulletin— Revision— Dated— 

A330 ................. A330–92–3088, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–4081, including Appendix 01 ........................................................................ 02 September 1, 2010. 

A340 ................. A340–92–5053, including Appendix 01 ........................................................................ 02 September 1, 2010. 

Issued in Renton, Washington, on February 

14, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4041 Filed 2–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 420 

Schedule of Water Charges 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Final rule. 

SUMMARY: By Resolution No. 2010–9 on 

September 15, 2010, the Delaware River 

Basin Commission (DRBC or 

‘‘Commission’’) approved amendments 

to its Administrative Manual, Part III, 

Basin Regulations—Water Supply 

Charges. Accordingly, the Commission’s 

water charging rates for consumptive 

use and non-consumptive use, as 

codified, are hereby amended. 

DATES: Applicability date: This rule is 

applicable beginning January 1, 2011, to 

first quarter 2011 payments due by 

April 30, 2011. Effective Date: February 

24, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the water charging 

program, please contact Ms. Amy 

Shallcross at 609–477–7201. 

SUPPLEMENTARY INFORMATION: The 

Delaware River Basin Commission is a 

state and federal compact agency 

charged with managing the water 

resources of the Delaware River Basin 

without regard to political boundaries. 

Its members are the governors of the 

four basin states—Delaware, New Jersey, 

New York, and Pennsylvania—and the 

North Atlantic Division Commander of 

the U.S. Army Corps of Engineers, 

representing the President of the United 

States and all Federal agencies. 

In order to fund certain water supply 

storage facility projects in the Basin, the 

Commission between 1964 and 1974 

established a system of water supply 

charges consistent with section 3.7 of 

the Delaware River Basin Compact. 

DRBC Resolution No. 71–4 established a 

schedule of rates for water withdrawals 

and provided that ‘‘the charges for water 

supplied will include all costs 

associated with making basin water 

supply available and maintaining its 

continued availability in adequate 

quantity and quality over time.’’ Res. No. 

71–4, Apr. 7, 1971, par. A.2. Revenues 

from the sale of water in accordance 

with the rule are placed in a ‘‘Water 

Supply Storage Facilities Fund,’’ from 

which payments are made to meet the 

annual cost of the Commission’s water 

storage projects—including ‘‘debt 

service, operation, maintenance, 

replacement, reserves and associated 

administrative costs.’’ Id., par. A.2.b. 

The schedule of water charges in effect 

from 1978 through 2010 was established 

by Resolution No. 78–14 in October of 

1978, based on the unit cost of water 

storage owned by the Commission in the 

Federal government’s Beltzville and 

Blue Marsh reservoirs. The rates 

established in 1978—$60 per million 

gallons for consumptive use and $.60 

per million for non-consumptive use— 

remained unchanged for over 30 years. 

Notice of the proposed amendments 

appeared in the Federal Register on 

February 19, 2010 (75 FR 7411), as well 

as in the Delaware Register of 

Regulations on March 1, 2010 (13 DE 

Reg. 1144), the New Jersey Register on 

March 15, 2010 (42 N.J.R. 667(a)), the 

New York State Register on March 3, 

2010 (p. 5) and the Pennsylvania 

Bulletin on March 6, 2010 (40 Pa. B. 


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