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[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56284-56286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22380]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0474; Directorate Identifier 2010-NM-213-AD; 
Amendment 39-16802; AD 2011-18-20]
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), 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 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 18, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 18, 
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 May 23, 2011 (76 FR 
29673). That NPRM proposed 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.

[[Page 56285]]

    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.

Comments

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

Request To Clarify Applicability

    Delta Air Lines (Delta) asked that the applicability in the NPRM 
(76 FR 29673, May 23, 2011) be changed for clarification. Delta stated 
that its interpretation of paragraph (c)(3) of the applicability is 
that airplanes are exempt from the NPRM if Airbus Modification 201642 
is embodied in production, or if Airbus Modification 57562 is embodied 
in production, or if both Airbus Modifications 57349 and 58924 are 
embodied in production. Delta noted that this interpretation does not 
align with the applicability in the EASA AD, which was issued to revise 
the applicability paragraph to take into account all configurations of 
the air conditioning duct and associated solutions embodied in 
production. Delta asked that paragraph (c) of the NPRM be changed to 
eliminate the possibility of incorrect interpretation, and included 
language for the clarification.
    We agree for the reasons provided by the commenter. We have revised 
the format and punctuation of paragraph (c) of this AD for clarity.

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 change described previously. We determined that this change 
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 affects about 41 products of U.S. 
registry. We also estimate that it will take up to 11 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 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 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 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 (76 FR 29673, May 23, 2011), 
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, 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:

2011-18-20 Airbus: Amendment 39-16802. Docket No. FAA-2011-0474; 
Directorate Identifier 2010-NM-213-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
18, 2011.

Affected ADs

    (b) None.

[[Page 56286]]

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 Model A340-211, -212, -213, -311, -312, and -313 
airplanes, all manufacturer serial numbers; certificated in any 
category; except those airplanes embodied in production with the 
modifications identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Modification 57349 and
    (2) Modification 58924 or 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 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: 9-ANM-116-AMOC-REQUESTS@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 
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.

Material Incorporated by Reference

    (k) You must use 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; 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.

    Issued in Renton, Washington, on August 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22380 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-13-P
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