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[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Rules and Regulations]               
[Page 28475-28478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my10-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0914; Directorate Identifier 2009-NM-122-AD; 
Amendment 39-16304; AD 2010-10-25]
RIN 2120-AA64

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

    In the door 2 area, the hat-racks are supplied with a basic wire 
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It 
was noticed in production, that the distance between the stowed wire 
harness and the monument could be too small. 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 June 25, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 25, 
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 October 19, 2009 (74 
FR 53440). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

[[Page 28476]]

    In the door 2 area, the hat-racks are supplied with a basic wire 
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It 
was noticed in production, that the distance between the stowed wire 
harness and the monument could be too small. 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 
modification of the hat rack connectors on stow, and the rerouting 
of the associated wire harness in case of monument installed in door 
2 area.

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

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A340-92-4073, Revision 
02, dated October 12, 2009. Revision 02 includes the following changes:
     Adds a note stating that the modification of cable harness 
5302VB/5303VB is necessary only if the cable is installed; and
     Makes minor text corrections.
    We referred to Airbus Mandatory Service Bulletin A340-92-4073, 
Revision 01, dated January 13, 2009, as the appropriate source of 
service information for accomplishing the actions specified in the NPRM 
(for Model A340-300 series airplanes).
    We have revised paragraphs (f)(1), (f)(2), and (h) of this AD to 
cite Airbus Mandatory Service Bulletin A340-92-4073, Revision 02, dated 
October 12, 2009. We have added paragraph (f)(3) of this AD to give 
credit for accomplishment of the actions done in accordance with the 
Airbus Mandatory Service Bulletin A340-92-4073, Revision 01, dated 
January 13, 2009; or Airbus Mandatory Service Bulletin A340-92-4073, 
dated July 10, 2008.
    Airbus has also issued Mandatory Service Bulletin A330-92-3070, 
Revision 02, dated August 19, 2009. Revision 02 includes the following 
changes:
     Removes airplanes from the effectivity;
     Makes minor text changes;
     Changes the location of wire harness 5315VB/5316VB in 
Figure 2; and
     Adds a note stating that modification of wire harness 
5302VB/5303VB is only necessary if installed.
    We referred to Airbus Mandatory Service Bulletin A330-92-3070, 
Revision 01, dated January 12, 2009, as the appropriate source of 
service information for accomplishing the actions specified in the NPRM 
(for Model A330-200 and A330-300 series airplanes).
    We have revised paragraphs (f)(1), (f)(2), and (h) of this AD to 
cite Airbus Mandatory Service Bulletin A330-92-3070, Revision 02, dated 
August 19, 2009. We have added paragraph (f)(3) to give credit for 
accomplishment of the actions done in accordance with Airbus Mandatory 
Service Bulletin A330-92-3070, dated July 10, 2008; or Airbus Mandatory 
Service Bulletin A330-92-3070, Revision 01, dated January 12, 2009.

Comments

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

Support for the NPRM

    Air Line Pilots Association (ALPA), International supports the 
NRPM.

Request To Extend Compliance Time

    Northwest Airlines (NWA) requests that we extend the proposed 
compliance time for the modification specified in paragraph (f) of the 
NPRM from within 24 months to within 24 months for locations where 
monuments are installed, and for other specified locations, to within 
72 months or at the time of a new monument installation, whichever 
occurs first. NWA explains that its Model A330 airplanes have a 
monument installed in only one of the four locations specified in the 
service information, and that according to paragraph (e) of the NPRM, 
the unsafe condition only exists at locations where there is a monument 
installed. NWA reasons that allowing a later compliance time for those 
areas without monuments would allow operators to accomplish the 
required actions while access is available to the monuments during 
normally scheduled maintenance.
    We do not agree to extend the compliance time specified in 
paragraph (f) of the final rule for door-2 locations without an 
installed monument. This AD requires modification of non-used hat-rack 
connections between the monument and outer skin only for door-2 areas 
where a monument is installed, as specified in the Accomplishment 
Instructions of Airbus Mandatory Service Bulletin A330-92-3070, 
Revision 02, dated August 19, 2009; or Airbus Mandatory Service 
Bulletin A340-92-4073, Revision 02, dated October 12, 2009; which 
ensures the clearance between the wire harnesses and the monument. The 
service bulletins also specify airplane configurations and the actions 
for each configuration. There are no actions required for those door-2 
areas without monuments. We have clarified paragraph (f)(1) of this AD 
by adding the phrase ``for airplanes on which a monument is installed 
in the door-2 area, as specified in Airbus Mandatory Service Bulletin 
A330-92-3070, Revision 02, dated August 19, 2009; or Airbus Mandatory 
Service Bulletin A340-92-4073, Revision 02, dated October 12, 2009.''

Request To Revise Proposed Costs of Compliance

    NWA requests that we revise the Cost of Compliance section of the 
NPRM to portray the cost to operators as though all four locations 
require a monument installation. NWA explains that airplanes configured 
with only a single lavatory require 57 labor hours for removal, 
installation, and testing. If an operator were to have a monument 
installation at each of the four locations, NWA asserts that the labor 
hours could be as high as 241 hours for an airplane configured with 
three lavatories and a video control center.
    We agree to revise the Cost of Compliance section of the final rule 
to portray the cost to operators as though all four locations require a 
monument installation. As the service information indicates, time to 
get access to the modified area should be included in the cost, with 
respect to operators having to perform a monument installation at all 
four locations. We are adding 3 work-hours to NWA's estimate of 241 
work-hours to account for the modification. Also, the number of 
affected products of U.S. registry is now 32. We have revised the Costs 
of Compliance section of the final rule accordingly.

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

[[Page 28477]]

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

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 32 products of U.S. registry. 
We also estimate that it will take about 244 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts costs are negligible. 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 
$663,680, or $20,740 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:

2010-10-25 Airbus: Amendment 39-16304. Docket No. FAA-2009-0914; 
Directorate Identifier 2009-NM-122-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 25, 
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 on 
which Airbus Modification 48825 has been embodied in production, 
except those on which Airbus Modification 57409 has been embodied in 
production.

Subject

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

Reason

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

    In the door 2 area, the hat-racks are supplied with a basic wire 
harness which includes ``Oxygen Masks'' activation.
    In case of a monument installation, the respective non-used hat-
rack connections between monument and outer skin are put on stow. It 
was noticed in production, that the distance between the stowed wire 
harness and the monument could be too small. 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 
modification of the hat rack connectors on stow, and the rerouting 
of the associated wire harness in case of monument installed in door 
2 area.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes on which a monument is installed in the door 2 
area, as specified in Airbus Mandatory Service Bulletin A330-92-
3070, Revision 02, dated August 19, 2009; or Airbus Mandatory 
Service Bulletin A340-92-4073, Revision 02, dated October 12, 2009: 
Within 24 months after the effective date of this AD, modify both 
the left-hand (L/H) and right-hand (R/H) hat-rack connectors, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A330-92-3070, Revision 02, dated August 19, 2009; 
or Airbus Mandatory Service Bulletin A340-92-4073, Revision 02, 
dated October 12, 2009; as applicable; except as provided by 
paragraphs (f)(2) and (f)(3) of this AD.
    (2) Modifications done before the effective date of this AD, in 
accordance with the Accomplishment Instructions of Airbus Mandatory 
Service Bulletin A330-92-3070 or A340-92-4073, both dated July 10, 
2008, as applicable, are acceptable for compliance with the 
applicable requirements of paragraph (f)(1) of this AD, provided 
that within 24 months after the effective date of this AD, the 
``ADDITIONAL WORK'' specified in the Accomplishment Instructions of 
Airbus Mandatory Service Bulletin A330-92-3070, Revision 01, dated 
January 12, 2009, or Revision 02, dated August 19, 2009; or Airbus 
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January 
13, 2009, or Revision 02, dated October 12, 2009; as applicable; is 
accomplished.
    (3) Modifying both the L/H and R/H hat-rack connectors is also 
acceptable for

[[Page 28478]]

compliance with the requirements of paragraph (f)(1) of this AD if 
done before the effective date of this AD in accordance with the 
Accomplishment Instructions of Airbus Mandatory Service Bulletin 
A330-92-3070, Revision 01, dated January 12, 2009; or Airbus 
Mandatory Service Bulletin A340-92-4073, Revision 01, dated January 
13, 2009.

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 2009-0077, dated April 6, 2009; Airbus Mandatory Service 
Bulletin A330-92-3070, Revision 02, dated August 19, 2009; and 
Airbus Mandatory Service Bulletin A340-92-4073, Revision 02, dated 
October 12, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Mandatory Service Bulletin A330-92-3070, 
Revision 02, dated August 19, 2009; or Airbus Mandatory Service 
Bulletin A340-92-4073, Revision 02, dated October 12, 2009; 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 May 6, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraaft Certification 
Service.
[FR Doc. 2010-11740 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-13-P
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